Child firearm access prevention laws

There is strong evidence that stricter child access prevention (CAP) laws decrease firearm suicide (Azad 2020, Kivisto 2021, Kappelman 2021, Madhavan 2019, Zeoli 2019) and reduce firearm deaths among youth (Azad 2020, Anderson 2021, Zeoli 2019).

Stricter CAP laws, which are negligence storage laws, can reduce firearm suicide rates among youth under the age of 20 (Azad 2020, Kivisto 2021, Kappelman 2021, Madhavan 2019, Gius 2015, Webster 2004). States with stricter CAP laws that impose civil and criminal liability for a child's firearm access regardless of intentionality or negligence are associated with decreased firearm suicide for male youth under the age of 20 compared to states with weaker CAP laws (Kappelman 2021). Stricter CAP laws can reduce firearm-related juvenile homicides (Azad 2020), with greater reduction among white youth than non-white youth (Anderson 2021). Such laws can also reduce unintentional firearm deaths among youth (Azad 2020, Cummings 1997, Hepburn 2006), especially laws with strict penalties (Webster 2000). A modeling estimation suggests that CAP laws can decrease firearm-related mortality rates, including both firearm suicides and homicides for all ages, by 11% six years after implementation (Schell 2020).

CAP laws may also reduce unintentional firearm injuries among youth (Simonetti 2015, DeSimone 2013, Lee 2013a). Specifically, states with stricter CAP laws are associated with reduced firearm injuries in youth (Zeoli 2019, James 2021, Hamilton 2018) and states with weaker laws appear to be associated with an increased risk of firearm injuries (Hamilton 2018).

CAP laws may also increase school safety. High school students under the age of 18 living in states with CAP laws, specifically laws regarding negligent storage, are less likely to carry guns, be threatened or injured by a weapon, and miss school due to safety concerns than peers in states without CAP laws (Anderson 2018c). Such CAP laws appear to have no impact on gun carrying behavior among 18- or 19-year-old students or school-shooting deaths (Anderson 2018c).

Some studies indicate that CAP laws have no impact, positive or negative, on suicide by firearm, and unintentional deaths and injuries caused by firearms (Gius 2020, Gius 2015, Lott 2001). Variability in outcomes may be due to the different strictness levels of state CAP laws and inconsistency of implementation and enforcement of these laws (Kappelman 2021, Hepburn 2006). A national survey of adult gun owners indicates low levels of awareness and compliance of locking firearms, even for residents in the states with stricter CAP laws (Miller 2022). Experts recommend strong CAP laws, strict enforcement, and counseling children and families about gun safety to prevent firearm death and injury among children (AAFP 2018, Petty 2019).

It is unclear what impact child firearm access prevention (CAP) laws may have on disparities in child suicide and deaths. From 2010-2020, American Indian and Alaska Native youth ages 10-24 had the highest average rates in both firearm-related suicide and unintentional firearm fatalities, followed by white and Black youth (Lee 2022). Most of the unintentional firearm deaths in young children happened in the home, mostly self-inflicted or by other minors (Hemenway 2015). Male youth are four times more likely to die due to firearms than female youth (KFF-Panchal 2022). There are few studies on effects of CAP laws on youth with different demographics: A study found that strict CAP laws may have stronger effects for white youth than non-white peers in reducing firearm-related homicides committed by youth (Anderson 2021). Another study reported that strict CAP laws may be effective to reduce firearm suicide for male youth but have no impact on females (Kappelman 2021).

The first gun control policy was passed by a European colony in 1619, which banned the sale or gift of firearms to Native Americans. This was a controversial policy because firearm trading was profitable and Native Americans were sometimes allies against colonial adversaries (Spitzer 2017). The addition of the Bill of Rights to the U.S. Constitution in 1791 included the Second Amendment, which states that, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” (CONAN-Second Amendment). The varied interpretations of the Second Amendment have shaped firearm regulations ever since it was ratified.

Through the early 1930s, there was wide variation in state gun laws: major forms of state gun policies addressed hunting, militia, and gun carrying restrictions, with less attention given to firearm sale bans (Spitzer 2017). The National Firearms Act was passed in 1934 to control firearm transactions and possession of unregistered firearms, in recognition of increased crime rates and public safety concerns (ATF-NFA). Since then, federal firearm legislation has moved forward in regulating firearm owners and dealers, but there have still been gaps in gun laws. For example, the Gun Control Act of 1968 (GCA) created a federal firearm licensing system for dealers and prohibited firearm sales and possession for felons and other unlawful individuals; yet some restrictions were removed by the Firearm Owners’ Protection Act of 1986 (ATF-NFA, US DOJ-Gun violence 2001). The Brady Bill in 1993 established a background check system for gun purchases (GLC-Gun lobby); however, loopholes remained that allowed prohibited purchasers to access firearms, such as through private sales without background checks (Everytown-Loopholes, CAP-Parsons 2020). Gun rights advocacy groups, such as the National Rifle Association (NRA) and the National Shooting Sports Foundation (NSSF), have been successful at lobbying against firearm regulations and encouraging states to pass preemption laws that prevent local governments from implementing local gun control policies (GLC-Gun lobby, Montez 2020).

Although the health impacts of firearms are well documented, Congress prohibited federal research dollars from being used for gun violence and injury prevention research from 1996-2020 (APA-Weir 2021). In 2021, approximately 48,900 people died from firearm-related injuries in the U.S., including firearm homicides (43%) and suicides (54%). Firearm homicide and suicide rates have increased over time; 80% of total homicides and 55% of total suicides in 2021 involved a firearm (Pew-Gramlich 2023).

• Which children are exposed to firearms in your community? How can CAP laws help increase their safety?
• What resources are needed to strictly enforce existing child firearm access prevention laws?
• How can your community raise gun safety awareness among families with children? Who can help deliver the communication directly to families with children through diverse channels (e.g., in person, online, mail, radio, etc.)?
• How do preemption laws impact your ability to implement CAP laws?

As of January 2020, 29 states and Washington, D.C. have child firearm access prevention (CAP) laws: fifteen states and Washington, D.C. have stricter CAP laws concerning a child’s access to and/or use of firearms due to negligent storage, and fourteen states have weaker CAP laws that impose criminal liability for intentional or reckless provision of firearms to children (RAND-CAP). The definition of minor varies by state, ranging from under the age of 14 to under the age of 18 (GLC-Child access).

Most states prevent local governments from enacting gun laws via state preemption legislation (LawAtlas-State preemption); as of January 2022, only eight states (California, Colorado, Connecticut, Hawaii, Nebraska, Massachusetts, New Jersey, and New York) allow local governments to enact gun laws, with exceptions for local laws relevant to minors in some states, for example, Maryland and Texas (GLC-Preemption).

‡ Resources with a focus on equity.

EFSGV-REIA^‡ - The Educational Fund to Stop Gun Violence (EFSGV). Racial equity impact assessment tool for gun violence prevention (REIA).

Everytown-State gun law strength - Everytown for Gun Safety Support Fund (Everytown). 2022 Everytown gun law rankings.

GLC-Child access - Giffords Law Center (GLC). Child access prevention & safe storage.

RAND-Firearm law database - Cherney S, Morral AR, Schell TL, Smucker S, Hoch E. RAND state firearm law database. Santa Monica: RAND Corporation; 2022.

US DOJ-ATF - U.S. Department of Justice (U.S. DOJ). Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

* Journal subscription may be required for access.

AAFP 2018 - American Academic of Family Physicians (AAFP). Gun Violence, prevention of (position paper). 2018.

Anderson 2018c* - Anderson DM, Sabia JJ. Child-access-prevention laws, youths’ gun carrying, and school shootings. Journal of Law and Economics. 2018;61(3):489-524.

Anderson 2021* - Mark Anderson D, Sabia JJ, Tekin E. Child access prevention laws and juvenile firearm-related homicides. Journal of Urban Economics. 2021;126:103387.

APA-Weir 2021 - Weir K. A thaw in the freeze on federal funding for gun violence and injury prevention research. American Psychological Association (APA). 2021.

ATF-NFA - Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). National Firearms Act (NFA).

Azad 2020 - Azad HA, Monuteaux MC, Rees CA, et al. Child access prevention firearm laws and firearm fatalities among children aged 0 to 14 years, 1991-2016. JAMA Pediatrics. 2020;174(5):463-469.

CAP-Parsons 2020 - Parsons C, Bhatia R. Dangerous gaps in gun laws exposed by the coronavirus gun sale surge. Washington, D.C.: Center for American Progress (CAP); 2020.

CONAN-Second Amendment - The Constitution Annotated (CONAN). Second Amendment: Right to bear arms.

Cummings 1997* - Cummings P, Grossman DC, Rivara FP, Koepsell TD. State gun safe storage laws and child mortality due to firearms. JAMA. 1997;278(13):1084-1086.

DeSimone 2013 - DeSimone J, Markowitz S, Xu J. Child access prevention laws and nonfatal gun injuries. Southern Economic Journal. 2013;80(1):5-25.

Everytown-Loopholes - Everytown. Undeniable: How long-standing loopholes in the background check system have been exacerbated by COVID-19. 2021.

Gius 2015* - Gius M. The impact of minimum age and child access prevention laws on firearm-related youth suicides and unintentional deaths. The Social Science Journal. 2015;52(2):168-175.

Gius 2020* - Gius M. Examining the impact of child access prevention laws on youth firearm suicides using the synthetic control method. International Review of Law and Economics. 2020;63:105914.

GLC-Child access - Giffords Law Center (GLC). Child access prevention & safe storage.

GLC-Gun lobby - Giffords Law Center (GLC). The gun lobby.

GLC-Kids and guns - Giffords Law Center (GLC). Kids & Guns.

GLC-Preemption - Giffords Law Center (GLC). Preemption of local laws.

Hamilton 2018* - Hamilton EC, Miller CC, Cox CS, Lally KP, Austin MT. Variability of child access prevention laws and pediatric firearm injuries. Journal of Trauma and Acute Care Surgery. 2018;84(4):613-619.

Hemenway 2015 - Hemenway D, Solnick SJ. Children and unintentional firearm death. Injury Epidemiology. 2015;2(1):26.

Hepburn 2006* - Hepburn L, Azrael D, Miller M, Hemenway D. The effect of child access prevention laws on unintentional child firearm fatalities, 1979-2000. The Journal of Trauma: Injury, Infection, and Critical Care. 2006;61(2):423-428.

James 2021 - James B, Khallouq B Ben, Swana H. Child access prevention legislative language and pediatric firearm injury rates. World Journal of Pediatric Surgery. 2021;4:e000223.

Kappelman 2021* - Kappelman J, Fording RC. The effect of state gun laws on youth suicide by firearm: 1981–2017. Suicide and Life-Threatening Behavior. 2021;51(2):368-377.

KFF-Panchal 2022 - Panchal N. The impact of gun violence on children and adolescents. KFF; 2022.

Kivisto 2021 - Kivisto AJ, Kivisto KL, Gurnell E, Phalen P, Ray B. Adolescent suicide, household firearm ownership, and the effects of child access prevention laws. Journal of the American Academy of Child and Adolescent Psychiatry. 2021;60(9):1096-1104.

LawAtlas-State preemption - LawAtlas. State preemption laws in 12 domains.

Lee 2013a* - Lee J, Moriarty KP, Tashjian DB, et al. Guns and states: Pediatric firearm injury. Journal of Trauma and Acute Care Surgery. 2013;75(1):50-53.

Lee 2022 - Lee LK, Fleegler EW, Goyal MK, Fraser Doh K, Laraque-Arena D, Hoffman BD, The Council on Injury, Violence, and Poison Prevention. Firearm-related injuries and deaths in children and youth. Pediatrics. 2022;150(6): e2022060071.

Lott 2001* - Lott JR, Whitley JE. Safe storage gun laws: accidental deaths, suicides, and crime. Journal of Law and Economics. 2001;44(2):659-689.

Madhavan 2019* - Madhavan S, Taylor JS, Chandler JM, Staudenmayer KL, Chao SD. Firearm legislation stringency and firearm-related fatalities among children in the U.S. Journal of the American College of Surgeons. 2019;229(2):150-157.

Miller 2022 - Miller M, Zhang W, Rowhani-Rahbar A, Azrael D. Child access prevention laws and firearm storage: Results from a national survey. American Journal of Preventive Medicine. 2022;62(3):333-340.

Montez 2020* - Montez JK. U.S. state polarization, policymaking power, and population health. Milbank Quarterly. 2020;98(4):1033-1052.

Petty 2019* - Petty JK, Henry MC, Nance ML, Ford HR. Firearm injuries and children: Position statement of the American Pediatric Surgical Association. Journal of Pediatric Surgery. 2019;54(7):1269-1276.

Pew-Gramlich 2023 - Gramlich J. What the data says about gun deaths in the U.S. Washington, D.C.: Pew Research Center; 2023.

RAND-CAP - RAND Corporation. The effects of child-access prevention (CAP) Laws. 2020.

Schell 2020 - Schell TL, Cefalu M, Griffin BA, Smart R, Morral AR. Changes in firearm mortality following the implementation of state laws regulating firearm access and use. Proceedings of the National Academy of Sciences of the United States of America. 2020;117(26):14906-14910.

Simonetti 2015 - Simonetti JA, Rowhani-Rahbar A, Mills B, Young B, Rivara FP. State firearm legislation and nonfatal firearm injuries. American Journal of Public Health. 2015;105(8):1703-1709.

Spitzer 2017 - Spitzer R. Gun law history in the United States and Second Amendment rights. Law and Contemporary Problems. 2017;80(2):55-83.

US DOJ-Gun violence 2001 - U.S. Department of Justice (U.S. DOJ). Gun violence reduction: National integrated firearms violence reduction strategy. Appendix C. History of federal firearms laws in the United States. 2001.

Webster 2000* - Webster DW, Starnes M. Reexamining the association between child access prevention gun laws and unintentional shooting deaths of children. Pediatrics. 2000;106(6):1466-1469.

Webster 2004* - Webster DW, Vernick JS, Zeoli AM, Manganello JA. Association between youth-focused firearm laws and youth suicides. JAMA. 2004;292(5):594-601.

WI Statute 948.55 - Wisconsin State Legislature. WI Statute 948.55: Leaving or storing a loaded firearm within the reach or easy access of a child.

Zeoli 2019* - Zeoli AM, Goldstick J, Mauri A, et al. The association of firearm laws with firearm outcomes among children and adolescents: A scoping review. Journal of Behavioral Medicine. 2019;42(4):741-762.