PolicyBrief
S. 726
119th CongressFeb 25th 2025
Ethan's Law
IN COMMITTEE

Ethan's Law incentivizes and requires responsible firearm storage, especially in households with minors or individuals prohibited from owning firearms, to prevent accidental injuries, deaths, and misuse, and provides grants for states and tribes to implement similar safe storage laws.

Richard Blumenthal
D

Richard Blumenthal

Senator

CT

LEGISLATION

Ethan's Law: New Gun Storage Rules Aim to Keep Firearms Out of the Wrong Hands, Starting 2025

Ethan's Law, named in memory of Ethan Song, is all about making sure firearms are stored securely so that kids and people who aren't allowed to have guns can't get to them. The core idea is simple: if you own a gun and live somewhere where a minor (anyone under 18) could access it without permission, or where someone legally prohibited from owning a firearm resides, you must secure it. This could be with a gun safe, a lock, or by keeping the firearm on your person or close enough to control.

Lock It Up: New Rules for Gun Owners

The main change is a new federal requirement for safe gun storage. Think of it like this: if you wouldn't leave a running chainsaw lying around where a kid could reach it, you shouldn't leave an unsecured gun either. Section 3 of the bill makes it illegal to store a firearm in a way that a minor, or someone who isn't legally allowed to own a gun, could easily get their hands on it. If you do, and a minor or prohibited person gets ahold of your improperly stored gun and causes injury or death, you could face up to 5 years in prison and a hefty fine (Section 3). Even if no one gets hurt, just failing to store your gun properly can lead to a $500 fine.

Real-World Rollout: How It Affects You

Imagine a parent who keeps a handgun in a bedside drawer, unlocked, and their teenager, going through a tough time, finds it. Or, a gun owner has a roommate with a prior felony conviction who now has easy access to a firearm. Under Ethan's Law, these scenarios are a clear violation. The law is designed to prevent exactly these kinds of situations. The bill specifically points out that failing to secure your firearm is considered negligence, and if someone gets hurt because of it, you're legally responsible (Section 5).

Cash for Compliance: Grants for States

To help states get on board, Section 4 sets up a grant program. From 2025 to 2029, the federal government will offer money to states (or Indian Tribes) that pass laws similar to Ethan's Law. This money can be used by law enforcement and courts to help enforce these new safe storage rules. It's basically an incentive for states to adopt and enforce these safety measures. The catch? States need to have a law that is functionally identical to the requirements outlined in the federal law. The state's attorney general must sign off on the law and certify that it meets the standards set forth by Congress.

The Big Picture and Potential Challenges

Ethan's Law is part of a larger effort to reduce gun violence, which the bill's findings (Section 2) link to interstate commerce, citing the economic impact of gun violence. The findings detail the risks of unsecured firearms, from accidental shootings to suicides and school violence. However, the bill also presents potential challenges. What one person considers "secure" might not be what someone else considers secure. The law uses the phrase "a location a reasonable person would believe to be secure" (Section 3), which leaves room for interpretation. Also, while the grant program encourages states to participate, the actual enforcement of these rules will depend on state and local resources, and individual compliance. It is important to note that the bill includes a severability clause (Section 6), meaning that if one part of the law is struck down by the courts, the rest of the law will remain in effect.