I 
116TH CONGRESS 
1ST SESSION H. R. 2867 
To amend chapter 44 of title 18, United States Code, to require the safe 
storage of firearms, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2019 
Ms. DELAURO (for herself, Mr. COURTNEY, Mr. LARSON of Connecticut, Mr. 
HIMES, Ms. KELLY of Illinois, Ms. LEE of California, Mr. RUSH, Ms. 
MENG, Mr. LEVIN of Michigan, Mrs. HAYES, Ms. DEAN, Mr. MORELLE, 
Ms. MUCARSEL-POWELL, Ms. NORTON, Mr. SIRES, Mr. LANGEVIN, Mr. 
SWALWELL of California, Mr. GRIJALVA, Mr. CROW, Ms. SCHAKOWSKY, 
and Mr. THOMPSON of California) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To amend chapter 44 of title 18, United States Code, to 
require the safe storage of firearms, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Ethan’s Law’’. 
SEC. 2. FINDINGS. 
Congress find the following: 
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(1) An estimated 4,600,000 minors in the 
United States live in homes with at least 1 unse-
cured firearm. 
(2) Seventy-three percent of children under the 
age of 10 living in homes with firearms reported 
knowing the location of their parents’ firearms. 
Thirty-six percent of those children reported han-
dling their parents’ unsecured firearms. 
(3) The presence of unsecured firearms in the 
home increases the risk of unintentional and inten-
tional shootings. Over 75 percent of firearms used in 
youth suicide attempts and unintentional firearm in-
juries were stored in the residence of the victim, a 
relative, or a friend. 
(4) The United States Secret Service and the 
Department of Education report that in 65 percent 
of deadly school shootings the attacker obtained the 
firearm from his or her own home or that of a rel-
ative. 
(5) In the last decade, nearly 2,000,000 fire-
arms have been reported stolen. In 2016 alone, 
238,000 firearms were reported stolen in the United 
States. Between 2010 and 2016, police recovered 
more than 23,000 stolen firearms across jurisdic-
tions that were used to commit kidnappings, armed 
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robberies, sexual assaults, murders, and other vio-
lent crimes. 
(6) Higher levels of neighborhood gun violence 
drive depopulation, discourages commercial activity, 
and decreases property values, resulting in fewer 
business establishments, fewer jobs, lower home val-
ues, and lower home ownership rates. 
(7) The negative economic impact of gun vio-
lence in communities is tied directly to the national 
economy and interstate commerce. 
(8) Congress has the power under the interstate 
commerce clause and other provisions of the Con-
stitution of the United States to enact measures en-
suring firearms are securely stored. 
SEC. 3. SECURE GUN STORAGE OR SAFETY DEVICE. 
Section 922(z) of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(4) SECURE GUN STORAGE BY OWNERS.— 
‘‘(A) OFFENSE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), it shall be unlawful for 
a person to store or keep any firearm that 
has moved in, or that has otherwise af-
fected, interstate or foreign commerce on 
the premises of a residence under the con-
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trol of the person if the person knows, or 
reasonably should know, that— 
‘‘(I) a minor is likely to gain ac-
cess to the firearm without the per-
mission of the parent or guardian of 
the minor; or 
‘‘(II) a resident of the residence 
is ineligible to possess a firearm under 
Federal, State, or local law. 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply to a person if the person— 
‘‘(I) keeps the firearm— 
‘‘(aa) secure using a secure 
gun storage or safety device; or 
‘‘(bb) in a location which a 
reasonable person would believe 
to be secure; or 
‘‘(II) carries the firearm on his 
or her person or within such close 
proximity thereto that the person can 
readily retrieve and use the firearm as 
if the person carried the firearm on 
his or her person. 
‘‘(B) PENALTY.— 
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‘‘(i) IN GENERAL.—Any person who 
violates subparagraph (A) shall be fined 
$500 per violation. 
‘‘(ii) ENHANCED PENALTY.—If a per-
son violates subparagraph (A) and a minor 
or a resident who is ineligible to possess a 
firearm under Federal, State, or local law 
obtains the firearm and causes injury or 
death to such minor, resident, or any other 
individual, the person shall be fined under 
this title, imprisoned for not more than 5 
years, or both. 
‘‘(iii) FORFEITURE
OF
IMPROPERLY 
STORED FIREARM.—Any firearm stored in 
violation of subparagraph (A) shall be sub-
ject to seizure and forfeiture in accordance 
with the procedures described in section 
924(d). 
‘‘(C) MINOR DEFINED.—In this paragraph, 
the term ‘minor’ means an individual who is 
less than 18 years of age.’’. 
SEC. 4. FIREARM SAFE STORAGE PROGRAM. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended 
by adding at the end the following: 
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‘‘PART NN—FIREARM SAFE STORAGE PROGRAM 
‘‘SEC. 3041. FIREARM SAFE STORAGE PROGRAM. 
‘‘(a) IN GENERAL.—The Assistant Attorney General 
shall make grants to an eligible State or Indian Tribe to 
assist the State or Indian Tribe in carrying out the provi-
sions of any State or Tribal law that is functionally iden-
tical to section 922(z)(4) of title 18, United States Code. 
‘‘(b) ELIGIBLE STATE OR INDIAN TRIBE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a State or Indian Tribe shall be eligible 
to receive grants under this section on and after the 
date on which the State or Indian Tribe— 
‘‘(A) enacts legislation functionally iden-
tical to section 922(z)(4) of title 18, United 
States Code; and 
‘‘(B) the attorney general of the State (or 
comparable Tribal official) submits a written 
certification to the Assistant Attorney General 
stating that the law of the State or Indian 
Tribe reflects the sense of Congress in section 
922(z)(4)(D) of such title 18. 
‘‘(2) FIRST YEAR ELIGIBILITY EXCEPTION.— 
‘‘(A) IN GENERAL.—A covered State or In-
dian Tribe shall be eligible to receive a grant 
under this section during the 1-year period be-
ginning on the date of enactment of this part. 
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‘‘(B) COVERED STATE OR INDIAN TRIBE.— 
In this paragraph, the term ‘covered State or 
Indian Tribe’ means a State or Indian Tribe 
that, before the date of enactment of this part, 
enacted legislation— 
‘‘(i) that is functionally identical to 
section 922(z)(4) of title 18, United States 
Code; and 
‘‘(ii) for which the attorney general of 
the State (or comparable Tribal official) 
submits a written certification to the As-
sistant Attorney General stating that the 
law of the State or Indian Tribe reflects 
the 
sense 
of 
Congress 
in 
section 
922(z)(4)(D) of such title 18. 
‘‘(c) USE OF FUNDS.—Funds awarded under this 
section may be used by a State or Indian Tribe to assist 
law enforcement agencies or the courts of the State or In-
dian Tribe in enforcing and otherwise facilitating compli-
ance with any State law functionally identical to section 
922(z)(4), of title 18, United States Code. 
‘‘(d) APPLICATION.—An eligible State or Indian 
Tribe desiring a grant under this section shall submit to 
the Assistant Attorney General an application at such 
time, in such manner, and containing or accompanied by 
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such information, as the Assistant Attorney General may 
reasonably require. 
‘‘(e) INCENTIVES.—For each of fiscal years 2019 
through 2023, the Attorney General shall give affirmative 
preference to all Bureau of Justice Assistance discre-
tionary grant applications of a State or Indian Tribe that 
has enacted legislation— 
‘‘(1) functionally identical to section 922(z)(4) 
of title 18, United States Code; and 
‘‘(2) for which the attorney general of the State 
(or comparable Tribal official) submits a written cer-
tification to the Assistant Attorney General stating 
that the law of the State or Indian Tribe reflects the 
sense of Congress in section 922(z)(4)(D) of such 
title 18.’’. 
SEC. 5. SENSE OF CONGRESS. 
Paragraph (4) of section 922(z) of title 18, United 
States Code, as added by section 3, is amended by adding 
at the end the following: 
‘‘(D) SENSE OF CONGRESS RELATING TO 
LIABILITY.—It is the sense of Congress that— 
‘‘(i) failure to comply with subpara-
graph (A) constitutes negligence under any 
relevant statute or common law rule; and 
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‘‘(ii) when a violation of subparagraph 
(A) is the but-for cause of a harm caused 
by the discharge of a firearm, such viola-
tion should be deemed to be the legal or 
proximate cause of such harm, regardless 
of whether such harm was also the result 
of an intentional tort.’’. 
SEC. 6. SEVERABILITY. 
If any provision of this Act, or an amendment made 
by this Act, or the application of such provision to any 
person or circumstance, is held to be invalid, the remain-
der of this Act, or an amendment made by this Act, or 
the application of such provision to other persons or cir-
cumstances, shall not be affected. 
Æ 
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