Caregivers could face felonies if reckless or deliberate gun storage leads to injury

A caregiver who recklessly, knowingly, or intentionally leaves a loaded gun unsecured would commit a Level 6 felony if a dependent uses it to injure or kill someone. The gun must be in the caregiver’s home or vehicle. Ammunition close enough to insert readily counts as loaded. Securing a gun means preventing unauthorized access. Antique or inoperable guns, and guns kept on or close to the caregiver for ready use, are excluded. Certain firearm uses and possession covered by other state laws are also excluded. Lawful self-defense or defense of another person is a defense to prosecution. A prior unrelated conviction for neglect of a dependent under this section would raise the offense to a Level 5 felony. If enacted, this rule has a listed effective date of July 1, 2026.

Gun retailers would have to display a prominent sign warning caregivers about the felony rule. The sign must be displayed at the retailer’s business. Knowingly or intentionally failing to post the sign would be a Class C infraction. A prior unrelated finding for the same violation would raise it to a Class A infraction. If enacted, this rule has a listed effective date of July 1, 2026.