Ethan's Law

The bill changes federal gun law to make it a crime to store or keep a firearm in a home when the owner knows, or should know, that a minor is likely to get the gun without a parent or guardian’s permission, or that someone living there is not allowed to have guns under law. This rule applies to any firearm that has moved in or affected interstate or foreign commerce, which in practice covers most guns. The bill allows several ways to avoid breaking the law. The gun owner is not in violation if the firearm is secured with a gun lock or other safety device, if it is kept in a place a reasonable person would think is secure, or if the owner is carrying the gun on their person or has it close enough to reach and use quickly. If a person breaks these rules, they can be fined $500 for each violation. If, because of unsafe storage, a minor or a person who is legally barred from having a gun gets the firearm and then causes injury or death to anyone, the penalty can increase to a larger fine, up to 5 years in prison, or both. Any gun stored in violation of the law can be seized and forfeited using existing federal forfeiture procedures. The bill also creates a new “Firearm Safe Storage Program” under the Omnibus Crime Control and Safe Streets Act of 1968. Under this program, the Assistant Attorney General can give grants to states and Indian Tribes that pass their own laws that are functionally the same as the new federal storage rule and certify that their laws reflect Congress’s stated views about liability. Grant money can help state and tribal law enforcement and courts enforce and support these storage laws. For fiscal years 2025 through 2029, the Attorney General must give extra preference when deciding Bureau of Justice Assistance discretionary grants to states and tribes that adopt and certify such safe storage laws. The bill also states that, in Congress’s view, failing to follow the federal storage rule should count as negligence under relevant civil law, and that when such a violation is the “but-for” cause of harm from a gun being fired, it should be treated as the legal or proximate cause of that harm in civil cases. The bill includes a severability clause so that if one part is struck down in court, the rest can still stand.

The bill would set a national standard for how guns must be stored in homes when minors or people who are not allowed to have guns are present. This could affect many gun owners by creating clear legal duties around locking up firearms or keeping them in secure locations. The penalties and the statement about negligence and proximate cause could also matter in civil lawsuits after shootings that involve access to improperly stored guns. Courts would still interpret and apply these ideas, but the bill signals how Congress thinks liability should work in these situations. The new grant program and funding preferences may encourage more states and tribes to adopt safe storage laws that closely match the federal rule. This could lead to more consistent storage standards and enforcement across different parts of the country, but the exact effects would depend on how many states and tribes choose to participate and on future funding decisions.

• Makes it a federal offense to store or keep a firearm in a residence when a minor is likely to access it without a parent or guardian’s permission, or when a resident is legally barred from possessing firearms, unless the gun is secured or carried.
• Allows compliance either by using a secure gun storage or safety device, or by placing the firearm in a location a reasonable person would consider secure, or by carrying it on one’s person or keeping it within close reach.
• Sets a base civil fine of $500 for each violation of the safe storage requirement.
• Authorizes enhanced penalties—fines under Title 18, up to 5 years’ imprisonment, or both—if an improperly stored firearm is obtained by a minor or ineligible resident and is used to cause injury or death to anyone.
• Subjects any firearm stored in violation of the new rule to seizure and forfeiture under existing federal forfeiture procedures in 18 U.S.C. § 924(d).
• Defines “minor” for this law as someone under 18 years of age.
• Establishes a new “Firearm Safe Storage Program” under the Omnibus Crime Control and Safe Streets Act to fund states and Indian Tribes that enact functionally identical safe storage laws and certify they reflect Congress’s stated view on liability.
• Allows grant funds to be used to help state and tribal law enforcement agencies and courts enforce and support these safe storage laws.
• Directs the Attorney General, for fiscal years 2025–2029, to give affirmative preference to Bureau of Justice Assistance discretionary grant applications from states and tribes with qualifying safe storage laws.
• Expresses Congress’s view that failing to comply with the federal storage rule constitutes negligence under relevant statutes or common law, and that such a violation should be treated as the legal or proximate cause of harm when it is the but-for cause of a firearm injury.
• Includes a severability clause so that if any part of the act is held invalid, the remaining provisions and applications continue in effect.

• The bill’s safe storage duty is tied to whether a minor is “likely” to gain access or a resident is ineligible to possess firearms, which may require case-by-case judgment rather than a simple bright-line rule.
• The “sense of Congress” on negligence and proximate cause is not itself binding law but may still be cited in civil lawsuits to shape how courts view gun owner responsibility.
• States and tribes must adopt laws that are “functionally identical” to the federal provision and provide a specific certification to receive certain grants and preferences, which may limit flexibility in designing their own storage rules.
• The enhanced penalties do not require that the person who stored the gun intended any harm; they apply when unsafe storage leads to access and an injury or death, even if the shooting was an intentional act by someone else.
• The bill uses existing federal forfeiture procedures, which can result in permanent loss of firearms stored in violation, beyond any fines or prison sentences imposed.