Overview

Title

To amend chapter 44 of title 18, United States Code, to require the safe storage of firearms, and for other purposes.

ELI5 AI

Ethan's Law wants to make sure people store their guns safely at home, so kids and others who shouldn't have them can't get to them. If someone breaks these rules, they might have to pay a money fine, and there’s a plan to help places follow these rules better.

Summary AI

S. 726, also known as “Ethan's Law,” proposes amendments to chapter 44 of title 18 of the United States Code to ensure the safe storage of firearms. The bill makes it illegal for a person to store a firearm on their residential premises if they know that a minor might access it or if someone who is not legally allowed to possess a firearm resides there. It includes penalties for violations, including fines and imprisonment. Additionally, it establishes a grant program to help states and tribes with laws that align with this federal requirement, promoting firearm safety compliance and reducing gun-related violence.

Published

2025-02-25
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-02-25
Package ID: BILLS-119s726is

Bill Statistics

Size

Sections:
7
Words:
1,914
Pages:
9
Sentences:
44

Language

Nouns: 625
Verbs: 125
Adjectives: 94
Adverbs: 20
Numbers: 65
Entities: 167

Complexity

Average Token Length:
3.95
Average Sentence Length:
43.50
Token Entropy:
5.20
Readability (ARI):
22.35

AnalysisAI

Summary of the Bill

The bill titled “Ethan's Law” aims to amend chapter 44 of title 18 of the United States Code to enhance the requirements for safe storage of firearms. Central to the proposal is the establishment of laws that mandate the secure storage of firearms, particularly in homes where minors or individuals prohibited from possessing firearms reside. Failure to comply could lead to fines or imprisonment, especially if unsecured firearms result in injury or death. Additionally, the bill introduces a grant program to encourage states and Indian Tribes to adopt similar laws, providing incentives between 2025 and 2029 for those that do so.

Significant Issues

One of the prominent issues with the bill is its reliance on terms like "reasonable person" and "secure gun storage or safety device" without providing definitions or guidelines. This vagueness may lead to varying interpretations and inconsistent enforcement across jurisdictions. Furthermore, while penalties are outlined, there's no mention of escalated sanctions for repeated violations, which could reduce the deterrent effect of the legislation.

Moreover, the bill's findings section does not specify concrete measures for mitigating risks associated with unsecured firearms, nor does it address potential financial implications or enforcement costs. The absence of precise criteria in grant allocation and the lack of accountability measures further complicate its practical application.

Potential Impact on the Public

Broadly, if implemented effectively, the bill could enhance public safety by reducing accidents and intentional harm involving firearms accessed by unauthorized individuals, especially minors. It aims to curb gun violence linked to improperly stored weapons, which might bring peace of mind to families concerned about gun safety in their communities.

However, individuals who own firearms might face increased responsibilities and potential legal repercussions under this bill. Some may view the requirement as an infringement on personal freedoms, leading to resistance. The lack of clarity in definitions and enforcement could result in legal challenges or uneven application.

Impact on Specific Stakeholders

For lawmakers and policy enforcers, the bill presents both an opportunity and a challenge. The prospect of a national standard for gun storage might streamline efforts to safeguard communities, but the absence of clear guidelines could pose serious implementation and compliance hurdles.

Families with minors and communities affected by gun violence might benefit most from this legislation, as it prioritizes safety and attempts to mitigate risks associated with unsecured firearms. Conversely, firearm owners could experience increased regulatory burdens and the potential loss of their firearms due to non-compliance.

Ultimately, for states and Indian Tribes, the grant provisions could offer financial support for adopting and enforcing firearm safety laws. However, the criteria for eligibility and preferences for grant applications may lead to disparities or disputes, especially if the terms remain undefined and subject to subjective interpretation.

In conclusion, while the bill has the potential to make significant strides toward safer firearm storage practices, it raises questions about feasibility, enforceability, and unintended consequences that will need to be addressed through further legislative refinement or complementary measures.

Financial Assessment

The bill S. 726, also known as "Ethan's Law," includes several financial references and implications, particularly concerning penalties and grant programs. These elements warrant careful consideration, given potential issues identified in the bill.

Penalties and Fines

One of the bill's financial components includes a penalty system for improper firearm storage. The bill stipulates that any person who violates the secure storage requirement shall be fined $500 per violation. This specific financial measure seeks to enforce compliance with the safe storage requirements by imposing a monetary consequence for non-compliance. However, the bill does not articulate whether this fine escalates with repeated violations, potentially weakening the deterrent effect and allowing for repeated non-compliance without increasing repercussions. This aspect might limit the financial and practical impact intended by the penalty.

Moreover, if a minor or an ineligible resident accesses the firearm and causes injury or death, the violator may face heavier penalties, including potential imprisonment for up to 5 years in addition to fines. The financial burden here could be significant for the violator but isn't specifically quantified beyond fines under the title. This lack of quantification could lead to varying interpretations and enforcement, as mentioned in the identified issues, concerning the use of subjective standards like "reasonable person."

Grant Program Financial Implications

The bill proposes establishing a grant program to assist states and Indian tribes in implementing firearm storage laws that align with federal requirements. However, the text does not specify a financial amount allocated to this grant program, nor does it indicate how the funds will be distributed or managed. The absence of clear accountability or reporting requirements, as highlighted in the issues, raises the potential for misuse or inefficient use of these funds. Furthermore, the criteria for determining "functionally identical" laws could lead to inconsistent application, creating financial disparities between jurisdictions.

These considerations imply that while desired outcomes are outlined, the lack of detailed financial frameworks may complicate achieving them effectively. An explicitly detailed allocation and oversight mechanism could potentially mitigate these issues, ensuring that the grant funds are used as intended to promote firearm safety compliance efficiently.

Issues

  • The finding section (Section 2) lacks specific proposed measures or actions, which might be necessary to evaluate the potential effectiveness or financial implications of the proposed legislation. Additionally, the section does not address potential costs associated with enforcing firearm storage measures, which might be important for fully understanding the financial impact.

  • In Section 3 ('Secure gun storage or safety device'), the use of the term 'reasonable person' is subjective and could lead to inconsistent enforcement. Furthermore, the section does not provide a definition of 'secure gun storage or safety device,' potentially leading to ambiguity in legal interpretation and compliance.

  • The penalties described in Section 3 do not specify if they escalate with repeated violations, which might limit their deterrent effect. Furthermore, the clause on forfeiture of improperly stored firearms may raise ethical concerns if the firearm holds significant personal or sentimental value, notwithstanding public safety interests.

  • In Section 4 ('Firearm Safe Storage Program'), the criteria for determining which laws are 'functionally identical' to federal legislation is vague, which could lead to inconsistent application and compliance challenges. Additionally, the section lacks clear accountability or reporting requirements for the use of grant funds, raising concerns about potential misuse.

  • The 'Sense of Congress' language in Section 5 may lead to different interpretations and enforcement challenges because it presents opinion rather than enforceable law. The use of legal terms such as 'negligence' and 'proximate cause' without definitions could create misunderstandings among the general public.

  • The severability clause in Section 6 is complex and could be challenging for non-lawyers to understand, potentially creating ambiguities regarding the application of the Act if parts are invalidated.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

Ethan's Law is the name that may be used to refer to this particular bill or Act.

2. Findings Read Opens in new tab

Summary AI

Congress has found that millions of minors live in homes with unsecured firearms, which leads to increased risks of accidental and intentional shootings. Many children know the location of these guns and some have handled them. The presence of unsecured firearms has been linked to school shootings, with guns often obtained from the shooter’s home or a relative's home. Gun violence negatively impacts neighborhoods, decreasing property values and commercial activity, and has significant economic effects on the national economy. Congress believes it has the power to implement laws that ensure firearms are stored securely.

3. Secure gun storage or safety device Read Opens in new tab

Summary AI

The section of the bill makes it illegal for someone to store a firearm in their home if they know a minor could access it without permission or if someone who isn't allowed to have a gun lives there, unless the gun is securely stored or carried by the person. If this rule is broken and someone gets hurt or killed because of it, the person responsible could be fined, face up to 5 years in prison, or both, and the improperly stored firearm can be taken by authorities.

Money References

  • “(B) PENALTY.— “(i) IN GENERAL.—Any person who violates subparagraph (A) shall be fined $500 per violation.

4. Firearm Safe Storage Program Read Opens in new tab

Summary AI

The Firearm Safe Storage Program allows the Assistant Attorney General to provide grants to states or Indian Tribes that have laws similar to a specific section of federal law, which focuses on the safe storage of firearms. The grants are meant to help enforce these laws, and states or Tribes that meet the criteria may receive preferential consideration for certain discretionary grants from the Bureau of Justice Assistance from 2025 to 2029.

3061. Firearm Safe Storage Program Read Opens in new tab

Summary AI

The Firearm Safe Storage Program allows the Assistant Attorney General to provide grants to states or Indian Tribes that have laws similar to a specific section of the U.S. Code related to gun storage. These grants can assist with enforcement and compliance, and from 2025 to 2029, preference will be given to applications from states or Tribes with such laws.

5. Sense of Congress Read Opens in new tab

Summary AI

Congress expressed its opinion that failing to follow certain rules about firearms, as outlined in section 922(z), should be considered negligence. Additionally, if breaking these rules leads to harm from a firearm discharge, this should legally be seen as the main cause of the harm, even if the harm was also caused by someone intending to hurt others.

6. Severability Read Opens in new tab

Summary AI

If any part of this Act or its amendments is found to be invalid, the rest of the Act and its amendments, and how they apply to other situations or people, will still remain in effect.