Explore The NRA Universe Of Websites

APPEARS IN News

Misconceptions About So-called “Safe Storage” Laws

Tuesday, February 21, 2023

Misconceptions About So-called “Safe Storage” Laws

There is no section of the Code of Virginia titled, “Prohibition on providing young children with gasoline and matches to play with.” Does that mean it’s legal in the Old Dominion to give young children gasoline and matches to amuse themselves?

Of course not.

VA Code Ann. § 18.2-371.1 provides,

A. Any parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or willful omission or refusal to provide any necessary care for the child's health causes or permits serious injury to the life or health of such child is guilty of a Class 4 felony. For purposes of this subsection, “serious injury” includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced ingestion of dangerous substances, and (vii) life-threatening internal injuries…

B. 1. Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanton, and culpable as to show a reckless disregard for human life is guilty of a Class 6 felony.

It's kind of like how states don’t typically have statutes titled, “Prohibition on beating a person over the head with a shovel.” Rather, it is understood that such conduct is treated as aggravated battery – or in the case of Virginia, “aggravated malicious wounding.”

The point is that not every type of conduct that is illegal is spelled out in individual detail in state criminal statutes. Instead, many statutes are written as to implicate an array of undesirable conduct without trying to predict every idiosyncrasy of human behavior.

This basic concept might come as news to the purveyors of “narrative journalism” over at the Washington Post.

Engaging in the Post’s favorite pastime – scolding Virginians for failing to adopt whatever policies are fashionable in the increasingly crime-ridden and rat-infested federal enclave –  in late January, a pair of reporters whined about how the state doesn’t have a statute explicitly requiring gun owners to store their firearms in a certain manner. According to the tenor of the article, explicit mandatory firearm storage laws are necessary to protect young children from firearms.

To be clear, NRA supports storing firearms in a responsible manner. NRA’s gun safety rules include “store guns so they are not accessible to unauthorized persons,” and NRA materials offer suggestions on how a person might accomplish that.

NRA does not support top-down on-size-fits-all government mandates on how to store firearms. As NRA’s safety materials explain, “Many factors must be considered when deciding where and how to store guns. A person's particular situation will be a major part of the consideration.”

Virginia already has ample statutes that address the conduct at issue.

Of course, Virginia has the statute cited above (VA Code Ann. § 18.2-371.1). That statute could be brought to bear in cases where a person responsible for the care of a child exposes them to a firearm in a reckless manner.

Further, VA Code Ann. § 18.2-56.1 prohibits “reckless handling of firearms,” and provides,

A. It shall be unlawful for any person to handle recklessly any firearm so as to endanger the life, limb or property of any person. Any person violating this section shall be guilty of a Class 1 misdemeanor.

A1. Any person who handles any firearm in a manner so gross, wanton, and culpable as to show a reckless disregard for human life and causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.

Then there’s VA Code Ann. § 18.2-56.2, titled “Allowing access to firearms by children; penalty.” This statute provides,

A. It shall be unlawful for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of fourteen. Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor.

B. It shall be unlawful for any person knowingly to authorize a child under the age of twelve to use a firearm except when the child is under the supervision of an adult. Any person violating this subsection shall be guilty of a Class 1 misdemeanor. For purposes of this subsection, “adult” shall mean a parent, guardian, person standing in loco parentis to the child or a person twenty-one years or over who has the permission of the parent, guardian, or person standing in loco parentis to supervise the child in the use of a firearm.

The message is clear: Behaving recklessly with firearms around children in the Commonwealth of Virginia is illegal.

So, if acting recklessly with firearms around children is already illegal, why would gun control advocates bother to make it even illegaler with mandatory storage laws?

Because mandatory storage laws aren’t about reducing unauthorized child access to firearms. These laws target benign conduct and are about stigmatizing and encumbering law-abiding gun owners and placing restrictions on how responsible parents can introduce their children to firearms and the shooting sports. As with all gun control, the overarching goal is to discourage gun ownership and eventually eliminate it.

Take for instance another mid-Atlantic state, Maryland. MD Code, Criminal Law, § 4-104, titled “Child's access to firearms,” provides,

(c) A person may not store or leave a loaded firearm in a location where the person knew or should have known that an unsupervised child would gain access to the firearm.

But this statute isn’t necessary. MD Code, Criminal Law, § 3-204, the state’s reckless endangerment statute, provides,

(a) A person may not recklessly:
(1) engage in conduct that creates a substantial risk of death or serious physical injury to another;

This statute has been used to prosecute those who keep firearms in a reckless manner accessible to children. The fact pattern in the case Tabassi v. Carroll Country Department of Social Services (2018), makes clear that a defendant was convicted under both Criminal Law, § 4-104 and Criminal Law, § 3-204 for keeping a firearm in a reckless manner accessible to a 12-year-old child.

However, this hasn’t stopped anti-gun Maryland lawmakers from trying to pass further legislation dictating just how law-abiding gun owners store their firearms and micromanaging how they can introduce their children to shooting.

Whether it’s a child endangerment statute, a criminal negligence statute, or a reckless handling of firearms statute, states already prohibit actual reckless behavior with firearms around children. The statutes may look different and may not reference firearms explicitly, but the prohibition on reckless conduct involving firearms is clear.

This is also part of the reason the research on so-called “safe storage” laws is dubious. Given the diversity of state laws addressing reckless behavior with firearms, along with the myriad other factors at play when attempting measure human behavior, efforts to isolate the supposed impact of “safe storage” statutes that those most likely to be reckless with firearms probably don’t even know exist are unsophisticated and silly. Then again, unsophisticated and silly could be used to describe almost all anti-gun social “science.”

There are ways to further encourage responsible firearm storage that don’t implicate the rights of law-abiding gun owners. As noted earlier, NRA has educated generations of gun owners on proper firearm storage. Moreover, tax breaks for firearm storage equipment could incentivize responsible behavior.

For instance, this year the Virginia assembly passed HB 2387. The legislation provides an up to $300 tax credit for the purchase of one or more “firearm safety devices.” That term is defined to mean “a safe, gun safe, gun case, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination, or other similar means.” Another option could be for states to permanently exempt these products from sales taxes.

As with all gun controls, when someone claims how another “safe storage” law will help immanentize the eschaton, give them a lesson in human nature by pointing them to the mountain of laws already on the books.

TRENDING NOW
The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

News  

Monday, October 5, 2026

Creating Crimes Out of Thin Air: Federal Bill Seeks to Treat Air Guns as Firearms

A new bill introduced in Congress proposes to regulate “lethal air guns” as firearms under the Gun Control Act of 1968, as amended (GCA). Yet the risk of fatalities and criminal misuse from air guns ...

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

News  

Monday, October 12, 2026

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

A lot of has changed for the better in the Nation’s Capital since Donald Trump returned to the White House. But the recent arrest of a young National Guardsman for an apparently harmless breach of ...

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

News  

Monday, October 12, 2026

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

A year ago, Canada’s Public Safety Minister Gary Anandasangaree admitted, in a bombshell recording with a gun owner, that the Liberal government’s “assault-style firearm” ban and confiscation program isn’t driven by public safety or gun ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

News  

Monday, October 5, 2026

Pervasive Surveillance and Data Storage an Emerging Concern for Gun Owner Privacy

Americans have willingly, and sometimes unwillingly, surrounded themselves with technology that watches, listens, records, and remembers. Cars know how and where we drive. Phones track just about everything in our daily routines. 

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

What Does the Texas NFA Decision Mean for You?

News  

Wednesday, August 12, 2026

What Does the Texas NFA Decision Mean for You?

On August 5, 2026, Judge Wesley Hendrix of the U.S. District Court for the Northern District of Texas held that the National Firearms Act’s registration and approval requirements for suppressors, short-barreled rifles, and short-barreled shotguns ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.