§ 11-47-60.1 - Safe storage.
SECTION 11-47-60.1
§ 11-47-60.1 Safe storage. – (a) Nothing in this section shall be construed to reduce or limit any existingright to purchase and own firearms and/or ammunition or to provide authority toany state or local agency to infringe upon the privacy of any family, home orbusiness except by lawful warrant.
(b) A person who stores or leaves on premises under his orher control a loaded firearm and who knows or reasonably should know that achild is likely to gain access to the firearm without the permission of thechild's parent or guardian, and the child obtains access to the firearm andcauses injury to himself or herself or any other person with the firearm, isguilty of the crime of criminal storage of a firearm and, upon conviction,shall be fined not more than one thousand dollars ($1,000) or imprisoned fornot more than one year, or both. For purposes of this section, a "child" isdefined as any person who has not attained the age of sixteen (16) years.
(c) The provisions of subsection (b) of this section shallnot apply whenever any of the following occurs:
(1) The child obtains the firearm as a result of an illegalentry of any premises by any person or an illegal taking of the firearm fromthe premises of the owner without permission of the owner;
(2) The firearm is kept in a locked container or in alocation which a reasonable person would believe to be secured;
(3) The firearm is carried on the person or within such aclose proximity so that the individual can readily retrieve and use the firearmas if carried on the person;
(4) The firearm is locked with a locking device;
(5) The child obtains or obtains and discharges the firearmin a lawful act of self-defense or defense of another person;
(6) The person who keeps a loaded firearm on any premiseswhich is under his or her custody or control has no reasonable expectations,based on objective facts and circumstances, that a child is likely to bepresent on the premises.
(d) If the person who allegedly violated this section is theparent or guardian of a child who is injured or who dies as the result of anaccidental shooting, the attorney general's department shall consider amongother factors, the impact of the injury or death on the person who hasallegedly violated this section when deciding whether to prosecute an allegedviolation.
(2) It is the intent of the general assembly that a parent orguardian of a child who is injured or who dies of an accidental shooting shallbe prosecuted only in those instances in which the parent or guardian behavedin a grossly negligent manner.