Creates the crime of improper storage of a firearm (EG SEE FISC NOTE LF EX)
Summary
HB 220 creates a new criminal offense in Louisiana for unlawful storage of a firearm. The bill applies when a person leaves a loaded firearm in a dwelling or vehicle, knows or reasonably should know that a minor child is likely to access it without permission, and the child then obtains the firearm and either discharges it or displays it in a public place. The measure is aimed at preventing accidental shootings and public safety incidents involving minors and unsecured guns.
The bill sets a penalty of up to six months in jail, a fine of up to $1,000, or both. It also defines “firearm” broadly and includes several exceptions, such as when the firearm is stolen during an unlawful entry, when a minor accesses the gun for hunting, sporting, or other lawful purposes with permission, when the gun is carried on the person, or when it is secured with a trigger lock or locked container. The bill further delays arrest for seven days in certain family-member cases where a child has suffered death or serious injury from discharging the firearm.
Impact
HB 220 would add R.S. 14:95.11 to Louisiana’s criminal code, creating a new offense tied to firearm storage practices in homes and vehicles. It would expand state law by imposing potential criminal liability on gun owners or custodians whose unsecured loaded firearms are accessed by minors and then fired or displayed publicly. The bill also establishes statutory exceptions and a limited arrest-delay provision, affecting both firearm owners and law enforcement procedures.
Sentiment
The bill appears to have been framed as a public-safety measure focused on preventing child access to loaded firearms, but the House vote shows it was controversial: it failed final passage by a vote of 38 yeas to 46 nays. The committee amendments suggest lawmakers tried to narrow and clarify the offense and add protections for lawful storage and sporting use, indicating an effort to balance safety concerns with gun-owner concerns. Overall, the sentiment was mixed, with enough support to advance in the House but not enough to secure passage.
Contention
The main points of contention likely centered on whether the state should criminalize firearm storage decisions inside private homes and vehicles, and how broadly liability should extend when a minor gains access to a gun. Supporters likely emphasized child safety, accidental shootings, and public display of firearms by minors, while opponents likely objected to criminal penalties for storage-related conduct, potential burdens on lawful gun owners, and the scope of the knowledge standard (“knows or reasonably should know”). The added exceptions for hunting, sporting use, trigger locks, locked containers, and carrying on the person indicate lawmakers were also disputing how to avoid penalizing lawful firearm possession and storage practices.