Ethan's Law

H.R. 1564 changes federal gun law to make it a crime to store or keep a firearm at home in an unsafe way if a minor or someone who is not allowed to have a gun is likely to get it. The rule applies to any gun that has moved in or affected interstate or foreign commerce, which covers almost all commercial firearms. Gun owners would not be in violation if they keep the firearm in a safe or with a locking device, put it in a place a reasonable person would think is secure, or carry it on their person or within easy reach. If a person breaks this rule, they can be fined $500 for each violation. If an improperly stored gun is then taken by a minor or a prohibited person and someone is injured or killed, the owner can face a higher fine, up to 5 years in prison, or both. The gun that was stored improperly can also be taken and forfeited under existing federal seizure procedures. The bill defines “minor” as anyone under age 18. The bill also creates a new “Firearm Safe Storage Program” at the Department of Justice. The Assistant Attorney General can give grants to states and Indian Tribes that pass laws that are functionally the same as the new federal storage rule and certify that their laws follow a certain legal view described by Congress. States and Tribes can use these funds to help law enforcement and courts enforce and support those safe storage laws. From 2025 through 2029, states and Tribes with such laws would get extra preference when applying for certain Justice Department grants. Finally, the bill states Congress’s view that failing to follow the federal storage rule should count as negligence under relevant laws, and that if such a failure is a “but-for” cause of a shooting harm, it should also be treated as the legal or proximate cause, even when someone else acted intentionally. It includes a severability clause so that if one part of the act is struck down in court, the rest can remain in effect.

The bill would set a nationwide standard for how firearms must be stored in homes when children or people barred from owning guns could access them. This could change how many gun owners handle storage and could affect families, especially those with minors in the home. The new criminal penalties, the risk of losing a firearm, and the stated view on negligence and legal causation could affect both criminal cases and civil lawsuits after shootings. Gun owners, lawyers, and insurers might adjust their behavior and policies to account for these standards. By offering grants and funding advantages, the bill could encourage more states and Tribes to pass similar safe storage laws and direct resources toward enforcing them. How much gun injuries, deaths, or thefts would change is not specified in the text and would depend on implementation, compliance, and enforcement over time.

• Makes it a federal offense to store or keep a firearm at a residence when the owner knows or should know a minor or a legally ineligible resident is likely to access it, unless specific safety conditions are met.
• Safe storage can be satisfied by using a secure gun storage or safety device, placing the firearm where a reasonable person would think it is secure, or carrying it on one’s person or within immediate reach.
• Sets a base civil fine of $500 per violation of the safe storage rule.
• Creates an enhanced penalty of a fine, up to 5 years in prison, or both if an improperly stored firearm is obtained by a minor or ineligible resident and causes injury or death to anyone.
• Subjects any firearm stored in violation of the rule to seizure and forfeiture under existing federal forfeiture procedures.
• Defines “minor” for this law as someone under 18 years of age.
• Establishes a new Firearm Safe Storage Program in the Department of Justice to give grants to states and Indian Tribes with laws functionally identical to the federal safe storage rule.
• Allows grant funds to be used to help law enforcement and courts enforce and support qualifying state or Tribal safe storage laws.
• For fiscal years 2025–2029, gives preference for certain Justice Department discretionary grants to states and Tribes that adopt such laws and certify they reflect Congress’s stated legal view.
• States that, in Congress’s view, failing to comply with the federal storage rule should count as negligence and should be treated as a legal or proximate cause of firearm harm when it is a but-for cause.

• The law applies whenever a minor is likely to gain access without a parent or guardian’s permission, not only when access actually occurs or harm results.
• A gun can be considered properly stored either with a locking device or simply in a place a “reasonable person” would think secure, which could lead to disputes over what counts as secure.
• The sense-of-Congress language about negligence and legal/proximate cause does not itself change state tort law directly but may influence how courts interpret liability after shootings.
• States and Tribes must have laws that are “functionally identical” to the new federal rule—plus formally certify they reflect Congress’s legal view—to qualify for the program’s incentives, which narrows which local laws are rewarded.
• The bill’s severability clause means that if courts strike down one part, such as the liability language or some penalties, other parts—like grant incentives or basic storage requirements—could remain in force.