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AN ACT relating to gun safety for children. 1
WHEREAS, guns which are not stored safely or securely pose a clear safety risk to 2
children in the form of unintentional gun deaths, youth suicides, and school shootings; 3
and 4
WHEREAS, studies show that between 70 percent and 90 percent of guns used in 5
youth suicides, unintentional shootings among children, and school shootings perpetrated 6
by shooters under the age of 18 are acquired from the home or the homes of relatives or 7
friends; and 8
WHEREAS, it is imperative to impose liability on adults for failing to take simple 9
yet important measures to prevent unsupervised access to guns by young hands; 10
NOW, THEREFORE, 11
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 12
Section 1. KRS 527.010 is amended to read as follows: 13
The following definitions apply in this chapter unless the context otherwise requires: 14
(1) "Booby trap device" has[shall have] the same meaning as[ set forth] in KRS 15
237.030;[.] 16
(2) "Deface" means to remove, deface, cover, alter, or destroy the manufacturer's serial 17
number or any other distinguishing number or identification mark;[.] 18
(3) "Destructive device" has[shall have] the same meaning as[ set forth] in KRS 19
237.030;[.] 20
(4) "Firearm" means any weapon which will expel a projectile by the action of an 21
explosive;[.] 22
(5) "Handgun" means any pistol or revolver originally designed to be fired by the use 23
of a single hand, or any other firearm originally designed to be fired by the use of a 24
single hand; and 25
(6) "Securely locked container": 26
(a) Means a container that is fully enclosed and locked by a padlock, keylock, 27 UNOFFICIAL COPY 25 RS BR 291
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combination lock, or similar locking device; and 1
(b) Does not include the glove compartment of a motor vehicle unless the glove 2
compartment can be manually locked. 3
SECTION 2. A NEW SECTION OF KRS CHAPTER 527 IS CREATED TO 4
READ AS FOLLOWS: 5
(1) A person is guilty of unlawful storage of a firearm when: 6
(a) He or she recklessly stores or leaves a firearm in a manner which allows a 7
minor to have unsupervised access to a firearm that is not secured by: 8
1. A securely locked container; 9
2. A device or mechanism, other than the firearm safety, designed to 10
render the firearm temporarily inoperable; or 11
3. Carrying the firearm on his or her body; and 12
(b) A minor, without permission of the minor's parent or guardian, accesses the 13
firearm. 14
(2) Unlawful storage of a firearm is a Class B misdemeanor unless the minor, 15
without legal justification, uses the firearm in a manner which results in physical 16
injury, serious physical injury, or death to the minor or another person, in which 17
case it is a Class A misdemeanor. 18
(3) A person charged with unlawful storage of a firearm shall have an affirmative 19
defense that a minor obtained a firearm through the minor's unlawful entry of 20
any premises or the motor vehicle where the firearm has been stored. 21
Section 3. This Act may be cited as the Baby Dre Gun Safety Act. 22