PolicyBrief
H.R. 1564
119th CongressFeb 25th 2025
Ethan's Law
IN COMMITTEE

Ethan's Law incentivizes and standardizes safe firearm storage, penalizing improper storage that could lead to access by minors or prohibited individuals, and supports state and tribal implementation of similar laws through grants.

Rosa DeLauro
D

Rosa DeLauro

Representative

CT-3

LEGISLATION

Ethan's Law Mandates Secure Gun Storage: $500 Fine If Minors or Prohibited Persons Could Access Firearms

This proposed legislation, known as Ethan's Law, sets federal requirements for storing firearms in homes. The core idea is simple: if you own a firearm, you need to store it securely if a minor (under 18) could potentially access it without permission, or if someone living in the residence is legally barred from possessing a firearm. Failure to do so could result in a $500 fine per violation, according to Section 3 of the bill. The stated goal is to reduce the risks associated with unsecured firearms, citing statistics linking them to accidental shootings, youth suicides, and school violence.

Lock It Up: New Rules for Gun Owners

So, what does "securely stored" mean under this bill? Section 3 provides a few options: using a specific gun storage container or safety device, keeping the firearm in a location that a "reasonable person would believe to be secure," or having the firearm on your person or close enough for ready retrieval. That "reasonable person" standard might raise questions about interpretation, but the intent is clear – keep guns out of the wrong hands. The penalties get significantly steeper if an unsecured firearm is accessed by a minor or prohibited resident who then causes injury or death; consequences could include larger fines and up to five years in prison. Additionally, any improperly stored firearm could be seized and forfeited.

Ripple Effects: State Funding and Legal Standards

Ethan's Law doesn't just set federal rules; it also encourages states to follow suit. Section 4 establishes the Firearm Safe Storage Program, offering grants to states and Indian Tribes that enact and enforce laws "functionally identical" to these federal storage requirements. To qualify, a state's Attorney General generally needs to certify their law matches up. These funds are earmarked to help law enforcement and courts manage the implementation and enforcement of these safe storage laws, with priority given to qualifying states between 2025 and 2029. Furthermore, Section 5 expresses the "Sense of Congress" that failing to meet these storage standards constitutes negligence and should be considered the legal cause of any resulting harm from a firearm discharge, even if other intentional acts were involved.

Why It Matters: Connecting Storage to Safety

Ultimately, this bill aims to directly address the dangers highlighted in its own findings (Section 2) – the millions of homes where minors live with unsecured guns, the high percentage of kids who know where guns are kept, and the connection between unsecured firearms and tragic outcomes like accidental deaths, suicides, and school shootings. For gun owners, it means a clear legal responsibility to secure their firearms under specific conditions, with tangible penalties for non-compliance. For communities, the goal is enhanced safety, particularly for children, by reducing the likelihood of firearms falling into unauthorized hands. The grant program also provides a pathway for states to bolster their own efforts in this area.