Ethan's Law
This bill establishes a framework to regulate the storage of firearms on residential premises at the federal, state, and tribal levels.
At the federal level, the bill establishes statutory requirements for firearms on residential premises to be safely stored if a minor is likely to gain access without permission or if a resident is ineligible to possess a firearm.
An individual who violates the requirements is subject to criminal penalties. A firearm stored in violation of the requirements is subject to seizure and forfeiture.
At the state and tribal levels, the bill requires the Department of Justice to award grants to implement functionally identical requirements for the safe storage of firearms.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 726 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 726
To amend chapter 44 of title 18, United States Code, to require the
safe storage of firearms, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2025
Mr. Blumenthal (for himself, Mr. Murphy, Mr. Schiff, Mr. Sanders, Mr.
Padilla, Ms. Cantwell, Mr. Lujan, Mr. Schumer, Mrs. Shaheen, Mrs.
Gillibrand, Mr. Durbin, Mr. Warnock, Mr. Van Hollen, Mr. Coons, Ms.
Rosen, Mrs. Murray, Mr. Merkley, Mr. Hickenlooper, Mr. Markey, Mr.
Booker, Ms. Hirono, Mr. Reed, Mr. Wyden, Mr. Kelly, Ms. Warren, Mr.
King, Mr. Fetterman, Ms. Duckworth, Mr. Bennet, Mr. Kaine, Mr. Welch,
and Ms. Baldwin) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend chapter 44 of title 18, United States Code, to require the
safe storage of firearms, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Ethan's Law''.
SEC. 2. FINDINGS.
Congress find the following:
(1) An estimated 4,600,000 minors in the United States live
in homes with at least 1 unsecured firearm.
(2) Seventy-three percent of children under the age of 10
living in homes with firearms reported knowing the location of
their parents' firearms. Thirty-six percent of those children
reported handling their parents' unsecured firearms.
(3) The presence of unsecured firearms in the home
increases the risk of unintentional and intentional shootings.
Over 75 percent of firearms used in youth suicide attempts and
unintentional firearm injuries were stored in the residence of
the victim, a relative, or a friend.
(4) The United States Secret Service and the Department of
Education report that in 65 percent of deadly school shootings,
the attacker obtained the firearm from his or her own home or
that of a relative.
(5) In the last decade, nearly 2,000,000 firearms have been
reported stolen. In 2016 alone, 238,000 firearms were reported
stolen in the United States. Between 2010 and 2016, police
recovered more than 23,000 stolen firearms across jurisdictions
that were used to commit kidnappings, armed robberies, sexual
assaults, murders, and other violent crimes.
(6) Higher levels of neighborhood gun violence drive
depopulation, discourage commercial activity, and decrease
property values, resulting in fewer business establishments,
fewer jobs, lower home values, and lower home ownership rates.
(7) The negative economic impact of gun violence in
communities is tied directly to the national economy and
interstate commerce.
(8) Congress has the power under the interstate commerce
clause and other provisions of the Constitution of the United
States to enact measures ensuring firearms are securely stored.
SEC. 3. SECURE GUN STORAGE OR SAFETY DEVICE.
Section 922(z) of title 18, United States Code, is amended by
adding at the end the following:
``(4) Secure gun storage by owners.--
``(A) Offense.--
``(i) In general.--Except as provided in
clause (ii), it shall be unlawful for a person
to store or keep any firearm that has moved in,
or that has otherwise affected, interstate or
foreign commerce on the premises of a residence
under the control of the person if the person
knows, or reasonably should know, that--
``(I) a minor is likely to gain
access to the firearm without the
permission of the parent or guardian of
the minor; or
``(II) a resident of the residence
is ineligible to possess a firearm
under Federal, State, or local law.
``(ii) Exception.--Clause (i) shall not
apply to a person if the person--
``(I) keeps the firearm--
``(aa) secure using a
secure gun storage or safety
device; or
``(bb) in a location that a
reasonable person would believe
to be secure; or
``(II) carries the firearm on his
or her person or within such close
proximity thereto that the person can
readily retrieve and use the firearm as
if the person carried the firearm on
his or her person.
``(B) Penalty.--
``(i) In general.--Any person who violates
subparagraph (A) shall be fined $500 per
violation.
``(ii) Enhanced penalty.--If a person
violates subparagraph (A) and a minor or a
resident who is ineligible to possess a firearm
under Federal, State, or local law obtains the
firearm and causes injury or death to such
minor or resident, or to any other individual,
the person shall be fined under this title,
imprisoned for not more than 5 years, or both.
``(iii) Forfeiture of improperly stored
firearm.--Any firearm stored in violation of
subparagraph (A) shall be subject to seizure
and forfeiture in accordance with the
procedures described in section 924(d).
``(C) Minor defined.--In this paragraph, the term
`minor' means an individual who is less than 18 years
of age.''.
SEC. 4. FIREARM SAFE STORAGE PROGRAM.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(34 U.S.C. 10101 et seq.) is amended by adding at the end the
following:
``PART PP--FIREARM SAFE STORAGE PROGRAM
``SEC. 3061. FIREARM SAFE STORAGE PROGRAM.
``(a) In General.--The Assistant Attorney General shall make grants
to an eligible State or Indian Tribe to assist the State or Indian
Tribe in carrying out the provisions of any State or Tribal law that is
functionally identical to section 922(z)(4) of title 18, United States
Code.
``(b) Eligible State or Indian Tribe.--
``(1) In general.--Except as provided in paragraph (2), a
State or Indian Tribe shall be eligible to receive grants under
this section on and after the earliest date as of which--
``(A) the State or Indian Tribe has enacted a law
that is functionally identical to section 922(z)(4) of
title 18, United States Code; and
``(B) the attorney general of the State (or
comparable Tribal official) has submitted a written
certification to the Assistant Attorney General stating
that the law of the State or Indian Tribe reflects the
sense of Congress in section 922(z)(4)(D) of such title
18.
``(2) First year eligibility exception.--
``(A) In general.--A covered State or Indian Tribe
shall be eligible to receive a grant under this section
during the 1-year period beginning on the date of
enactment of this part.
``(B) Covered state or indian tribe.--In this
paragraph, the term `covered State or Indian Tribe'
means a State or Indian Tribe that, before the date of
enactment of this part, enacted a law--
``(i) that is functionally identical to
section 922(z)(4) of title 18, United States
Code; and
``(ii) for which the attorney general of
the State (or comparable Tribal official)
submits a written certification to the
Assistant Attorney General stating that the law
of the State or Indian Tribe reflects the sense
of Congress in section 922(z)(4)(D) of such
title 18.
``(c) Use of Funds.--Funds awarded under this section may be used
by a State or Indian Tribe to assist law enforcement agencies or the
courts of the State or Indian Tribe in enforcing and otherwise
facilitating compliance with any State or Tribal law functionally
identical to section 922(z)(4) of title 18, United States Code.
``(d) Application.--An eligible State or Indian Tribe desiring a
grant under this section shall submit to the Assistant Attorney General
an application at such time, in such manner, and containing or
accompanied by such information, as the Assistant Attorney General may
reasonably require.
``(e) Incentives.--For each of fiscal years 2025 through 2029, the
Attorney General shall give affirmative preference to all Bureau of
Justice Assistance discretionary grant applications of a State or
Indian Tribe that has enacted a law--
``(1) functionally identical to section 922(z)(4) of title
18, United States Code; and
``(2) for which the attorney general of the State (or
comparable Tribal official) submits a written certification to
the Assistant Attorney General stating that the law of the
State or Indian Tribe reflects the sense of Congress in section
922(z)(4)(D) of such title 18.''.
SEC. 5. SENSE OF CONGRESS.
Paragraph (4) of section 922(z) of title 18, United States Code, as
added by section 3, is amended by adding at the end the following:
``(D) Sense of congress relating to liability.--It
is the sense of Congress that--
``(i) failure to comply with subparagraph
(A) constitutes negligence under any relevant
statute or common law rule; and
``(ii) when a violation of subparagraph (A)
is the but-for cause of a harm caused by the
discharge of a firearm, such violation should
be deemed to be the legal or proximate cause of
such harm, regardless of whether such harm was
also the result of an intentional tort.''.
SEC. 6. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the remainder of this Act, or an amendment made by
this Act, or the application of such provision to other persons or
circumstances, shall not be affected.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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