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HB 2505-SB 275

Please note that as introduced HB 2505 and SB 275 are the same bill. They may be amended in the future but as introduced are the same.

Both these bills should be called the “Home Invader Protection Act” as they are designed to render firearms useless to the owners while in no way affecting criminals or persons attempting suicide.

Of particular interest is what is mandated on page 2 starting on line 30.

For purposes of paragraph (a) of this subsection, a firearm is not secured if a key, combination or other means of opening a lock or container is readily available to a person the owner or possessor has not authorized to carry or control the firearm.

Think about that. The gun has to be locked, and the “key or other means of opening the lock” cannot be “readily available” to anyone who the owner has not authorized to control the firearm. So not only must a gun be locked, but the means to access that firearm in an emergency has to be so well secured that someone who wanted to steal the gun can’t find it. That’s a pretty broad order. There is no way of saying what the courts will accept as “not readily accessible” but at very least it is going to mean that it will have to be difficult and time consuming for the owner of the firearm to access.

But there is something even more troubling here. That would be the phrase “other means of opening the lock…”  Well a universal means of opening a cable lock is available at any hardware store.

What thief or suicidal person does not have “access” to a wire cutter or screw driver?

If YOU own a wire cutter, will you be forced to lock it up? And if so, will you be required to lock up the key to the lock on your wire cutter?

Section 3 of the bill holds you responsible if your”unsecured” gun is stolen and used to hurt or kill another person, for 4 years. This ridiculous idea assumes that it would take a thief 4 years to remove a cheap cable or trigger lock.

Section 4 of the bill requires that anyone who “transfers” a firearm must do it with a trigger lock or cable lock . There are exceptions for hunting and shooting ranges, but none for gun stores or your home. Is it legal to hand your spouse a gun in your own home without a lock on it?

If you transfer a firearm without a cable lock or trigger lock, or in a locked container, you are liable for any injury caused by the transferee  for 4 years. Again, the 4 year rule is nonsensical.

Furthermore, the bills in no way address the reality that there really is no way to prove that any gun stolen from you HAD a trigger lock.

The bills allows an “unauthorized” person to use a gun in self defense, but still requires they have no access to one. In short these bills are designed to make life as difficult as possible for gun owners while doing nothing to prevent their misuse.

 

 

Basic Premises:

  • If you own or possesses a firearm, it has to be secured with a trigger or cable lock, or a locked container with a tamper resistant lock (1). This does not apply if the firearm is under your control/possession, or the control/possession of someone you authorized (2). Your firearm is not considered secure if the key, combination or any other device that can open a container is readily available for a non-authorized person to obtain your firearm. A violation is a Class C (Felony) . Details:

      1. If a minor obtains your unsecured firearm, and you should have known that a minor could gain unauthorized access, it is a Class A violation.

      2. Each firearm not secured is counted as a separate violation.

3. If anyone is harmed with your firearm because you did not secure your firearm, you are liable up to 4 years from the violation. If a person who you authorize to carry/control a firearm harms another person or property, you are strictly liable for the injury.

4. This does not apply if the injury is due to lawful self-defense.

  • You have to secure your firearm for transfer (3). Exceptions are for lawful hunting, use at a gun range/shooting gallery, or target shooting on public lands. Details 2 through 4 above apply.

  • If a firearm you own or possess is lost or stolen, you must notify law enforcement within 24 hours of you knowing or you should have known of the loss or theft. Makes exception if means to notify aren’t available within 24 hours to allow 4 hours from time means are available. Report must include serial number. Violation is Class B. Details 3 and 4 above apply.

  • If you give your gun to a minor (“just to use”) you must supervise the minor’s use of the firearm. Details 3 and 4 from above apply. A minor may possess a firearm he doesn’t own only under the supervision of the adult owner, except for lawful self-defense.

  1. By 1 JAN 20 the AG will adopt rules establishing the minimum standards for these devices. Container means a box, case, chest, locker, safe, or similar receptacle. Container does not include a building, room, vehicle, or space within a vehicle.

  2. Control means being in close proximity to the firearm and able to physically control it.

  3. Transfer means to deliver a firearm, including but not limited to sale, gift, loan, or lease.

Quick Summary: So you have to lock up your gun if you don’t have immediate physical control over it. If anyone steals your gun or you “lose” it, you have 24 hours to notify your local LEA otherwise if any injury or harm is committed with your gun within 4 years, you are strictly liable. The same is true if you give your gun to someone (“Transfer”). If a minor gets your unsecured gun, it’s a Class A felony, period.

 As with most gun control legislation there are issues with unconstitutionality, enforcement/judicial interpretation, and egregious/draconian measures that are not proven to work and are almost purely ideologically based, i.e. accomplish nothing but demand compliance for compliance’s sake at the loss of civil rights.

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