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Child firearm access prevention laws

Health Factors: Community Safety
Decision Makers: Local Government State Government Federal Government
Evidence Rating: Some Evidence
Population Reach: 100% of WI's population
Impact on Disparities: No impact on disparities likely

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Description

Child access prevention (CAP) laws impose penalties on adults who allow children unsupervised access to firearms or violate firearm storage requirements (e.g., storage with a locking device in place). Federal law does not regulate child access to firearms. Laws vary by state; some states impose criminal liability for adults who give children unsupervised access to firearms or provide a minor with a firearm, while others impose civil or criminal liability when firearms are stored improperly (LCPGV).

Expected Beneficial Outcomes

Reduced suicide
Reduced unintentional injuries
Reduced unintentional deaths

Evidence of Effectiveness

There is some evidence that child access prevention (CAP) laws decrease firearm suicide (Santaella-Tenorio 2016) and reduce unintentional firearm deaths and injuries among youth (Cummings 1997, Hepburn 2006, Webster 2000). Additional evidence is needed to confirm effects.

Overall, CAP laws appear to reduce firearm suicide rates among youth under the age of 20 (Gius 2015, Webster 2004). Several studies suggest that state CAP laws reduce unintentional firearm deaths (Cummings 1997, Hepburn 2006) and injuries among youth (DeSimone 2013), especially laws with strict penalties (Webster 2000). CAP laws may also increase school safety: in states with CAP laws, high school students 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 2016).

Some studies indicate that CAP laws have no impact, positive or negative, on unintentional deaths and injuries (Gius 2015, Lott 2001, Lee 2013). Variability in outcomes may be due to inconsistency of implementation and enforcement in state laws (Hepburn 2006); studies suggest greater effects with stronger laws (e.g., felony prosecution for violation) (DeSimone 2013, Hepburn 2006, Webster 2000).

Implementation

United States

As of September 2016, 18 states mandate safe storage of firearms with child access prevention laws (AAP-Firearms). The definition of minor varies by state, ranging from under the age of 14 to under the age of 18 (LCPGV).

Most states prevent local governments from enacting gun laws via state preemption legislation (Grassroots Change); as of 2015, only seven states (California, Connecticut, Hawaii, Illinois, 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.

Wisconsin

Wisconsin has enacted child access prevention laws to regulate safe storage of loaded firearms from children under the age of 14 (WI Statute 948.55). 

Implementation Resources

Firearms research - Firearms Research. Prevalence, patterns, and prevention of firearm violence. Accessed on September 20, 2016
JHCGPR - Johns Hopkins Center for Gun Policy and Research (JHCGPR). Reducing gun-related injuries and deaths. Accessed on September 23, 2016
LCPGV - Law Center to Prevent Gun Violence (LCPGV). Because smart gun laws save lives. Accessed on September 20, 2016
US DOJ-ATF - US Department of Justice (US DOJ). Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Accessed on March 1, 2017

Citations - Description

LCPGV - Law Center to Prevent Gun Violence (LCPGV). Because smart gun laws save lives. Accessed on September 20, 2016

Citations - Evidence

Anderson 2016 - Anderson DM, Sabia JJ. Child access prevention laws, youth gun carrying, and school shootings. Institute for the Study of Labor (IZA) Discussion Paper Series. 2016;(9830). Accessed on October 3, 2016
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. Accessed on October 3, 2016
DeSimone 2013 - DeSimone J, Markowitz S, Xu J. Child access prevention laws and nonfatal gun injuries. Southern Economic Journal. 2013;80(1):5-25. Accessed on September 28, 2016
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. Accessed on October 3, 2016
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. Accessed on October 3, 2016
Lee 2013* - Lee JL, Maciejewski ML, Raju SS, Shrank WH, Choudhry NK. Value-based insurance design: Quality improvement but no cost savings. Health Affairs. 2013;32(7):1251-7. Accessed on October 3, 2016
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. Accessed on October 3, 2016
Santaella-Tenorio 2016* - Santaella-Tenorio J, Cerda M, Villaveces A, Galea S. What do we know about the association between firearm legislation and firearm-related injuries? Epidemiologic Reviews. 2016;38(1):140-157. Accessed on October 5, 2016
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. Accessed on October 3, 2016
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. Accessed on October 3, 2016

Citations - Implementation

AAP-Firearms - American Academy of Pediatrics (AAP). State advocacy focus: Safe storage of firearms. September 2016. Accessed on October 3, 2016
Grassroots Change - Grassroots Change. Connecting for better health. Accessed on February 13, 2017
LCPGV - Law Center to Prevent Gun Violence (LCPGV). Because smart gun laws save lives. Accessed on September 20, 2016
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. Accessed on October 3, 2016

Page Last Updated

September 27, 2016

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