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Bill making gun owners liable when minors access firearms passes the House

St. Louis Circuit Attorney's Office
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Wikimedia Commons

A bill that would make it a crime to negligently store a firearm so that it鈥檚 accessible to a minor is on its way to a full House vote in the legislature. Many Republicans and gun rights advocates opposed the bill, but sponsors say they are trying to reduce youth gun violence.

is known as Bennie鈥檚 Bill, named for Bennie Hargrove, who died after being shot in 2021 by a fellow classmate at Washington Middle School in Albuquerque. That student used his father鈥檚 gun.

According to the Sandy Hook Promise, , which experts have attributed to those weapons being used in school shootings.

One of the bill sponsors, Rep. Pamelya Herndon, D-Albuquerque, introduced similar legislation last session, but it was tabled over the meaning of 鈥渟afe storage.鈥

This year, Herndon said, the sponsors amended the language so safe storage could mean a locked container or securely storing a firearm in a location a minor could not reach. The updated bill also gives the courts and district attorneys discretion to determine what is reasonable under each circumstance.

"You can have a million guns is what I always state, but the requirement is that you store them safely. Your gun, your responsibility" said Herndon.

The National Rifle Association opposes the bill arguing it would have a 鈥渃hilling effect鈥 on youth hunting and competitive shooting.

Herndon said nothing in this bill prohibits these activities or stops anyone from owning a gun. But it makes it more difficult for youth to access a firearm.

"Sometimes our youth don鈥檛 have the maturity to understand what is happening when they access a gun and they use it. There鈥檚 so much use of these video games, for example, where people die but they come back to life" Herndon said.

Penalties would range from a misdemeanor if a young person brandishes a firearm but causes no bodily harm, to a fourth degree felony if that young person causes harm or death.

The bill now moves on to the Senate.

This coverage is made possible by the W.K. Kellogg Foundation and 九色网 listeners.

Taylor is a reporter with our Poverty and Public Health project. She is a lover of books and a proud dog mom. She's been published in Albuquerque The Magazine several times and enjoys writing about politics and travel.
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