New Casten Bill Strengthens Accountability for Adults Who Provide Harmful Access to Firearms to Children
Washington, D.C. — U.S. Representative Sean Casten (D-IL-06) introduced the Juvenile Firearms Safety Act, legislation to establish federal prohibitions and penalties for adults who enable children to access firearms that are later used in a crime, to self-harm, or to cause injury or death.
The bill also identifies relevant factors that may be considered in determining whether an adult knew or had reason to know of the risk, including information related to the juvenile’s mental health, prior acts of violence, or suicidal ideation.
“Unfortunately, current federal law leaves significant gaps in accountability when adults allow children and teenagers to access firearms,” said Rep. Sean Casten. “This bill aims to keep firearms out of the hands of children who intend to use the weapon to harm themselves or others, and to hold adults who provide access to firearms to kids accountable in the eyes of the law.”
The Juvenile Firearms Safety Act enhances existing Child Access Prevention (CAP) laws at the state level, which are intended to prevent dangerous weapons from reaching the hands of children. CAP laws allow adults who deliberately or negligently let juveniles have access to a firearm to be held legally liable. These laws have been adopted in 26 states. They are associated with reduced firearm suicides and self-injuries, lower rates of firearm-related homicides, and reductions in unintentional injury or death among youth.
Under the Juvenile Firearms Safety Act, adults could be subject to fines or imprisonment of up to one year, with enhanced penalties of up to ten years if the firearm is used in a crime or results in injury or death. The bill also protects responsible gun owners through safe harbor provisions and safe firearm activities by juveniles with permission from a parent or guardian.
Specifically, the bill makes it unlawful for an adult to knowingly:
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Provide a firearm to a juvenile while knowing or having reasonable cause to believe the juvenile intends to use it to commit harm or in the commission of a crime.
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Store or keep any firearm under their control when they know or reasonably should know that a juvenile is likely to gain unauthorized access, and the juvenile obtains the firearm and uses it in a crime or causes injury or death.
Text of the legislation can be found here.
This Juvenile Firearms Safety Act is endorsed by Brady and Giffords.
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