Across the United States, 43% of households do not secure their firearms properly. At around 2.97 people per household, that would mean around 1.4 million Utahns, many of whom are children, live in homes with unsecured firearms. Firearms are the leading cause of death for minors in the U.S. in 2024. Rep. Andrew Stoddard’s (D-Sandy) HB 80 would have provided a great first step in addressing this issue.
The bill would have made it a class C misdemeanor if gun owners who know or should reasonably know that a minor is likely to obtain possession of that firearm fail to safely store their firearm and that firearm is later used in violation of Section 76-11-207. The gun owner would not be charged if that minor’s possession of a firearm did not violate Section 76-11-211 of the Utah State Code. Additionally, the gun owner would not be prosecuted if the minor gained access to the location of the firearm illegally, used the firearm in an act of self-defense, or if the gun owner reports to the police that a minor possesses the firearm. The bill also would not have held gun owners liable if their firearm was used by a minor in the case of an accidental death or injury.
Unfortunately, the state legislature rejected this measure. The House Law Enforcement and Criminal Justice Committee made a mistake in rejecting HB80, and Stoddard should continue to work to change the law.
Common sense restrictions
One concern with this bill was how it could restrict the ability for a law-abiding gun owner to defend themself from a home invasion. This concern is understandable. Home defense is the number one reason people own guns in the U.S. This concern is also contradicted by what the Utah Department of Public Safety (UDPS) recommends for safe storage.
The UDPS website recommends that unloaded firearms are stored in a locked place inaccessible to children, with the ammunition stored separately. This is what HB 80 requires. These common-sense practices are promoted by the Utah Department of Public Safety. Part of the UDPS’s job is to fight crime, including home invasion. There is no reason why the state legislature should disregard the advice of the state’s law enforcement agency.
HB 80 would help prevent accidental deaths
HB 80 would not penalize gun owners for accidental deaths caused by a minor using the gun owner’s firearm. Rather, the focus is on criminal behavior. That doesn’t mean there would be no effect on accidental firearm deaths. There have been almost 4,000 unintentional shootings by children in the U.S. since 2015. In that time, 1,484 people were killed and 2,488 were injured.
Already in 2026, there have been 33 incidents, with 10 deaths and 23 injuries across the country. According to the CDC, almost three-quarters of all firearms involved in an accidental shooting involving a minor were stored unlocked and loaded. Again, this law would not penalize gun owners for their weapon being used to unintentionally harm another person. Nor should it. However, similar laws have significantly reduced unintentional injuries. These laws have caused an estimated 13% drop in unintentional firearm deaths and injuries and an estimated 12% drop in firearm suicides among minors where they have been implemented.
To be sure, laws that penalize unsafe storage as a misdemeanor and not a felony are less effective than felony laws. A violation of HB 80 would be a Class C misdemeanor, with punishments of up to 90 days in jail, a $750 fine, or compensatory service. Apart from an infraction, this is the lowest criminal penalty possible in Utah. So, there is an argument to be made that this law could be ineffective because it does not enforce safe storage rules as strictly as felony laws.
However, this law has been reduced in scope and punishment three separate times in the three separate legislative sessions where Stoddard introduced it. As it was originally written in 2023, Stoddard’s bill would have allowed the state to charge individuals who violated this law with a criminal offense one level lower than the offense for which the firearm was used.
Stoddard’s bill was narrowed to make it more politically palatable. The original form would have been more effective in promoting safe storage, as it was a stricter bill with potential felony charges. However, opponents of the bill argued that already existing laws about negligent acts are strong enough and that Stoddard’s bill was unnecessary. Because these opponents were able to win over the state legislature, it makes sense that the bill would be narrowed in scope. Stoddard said as much after the bill was rejected this year.
Stoddard’s original proposal would have been a more effective law. However, it would be better to have a more watered-down version of the bill than no law at all.
Responsibility and safety
Utahns have a right to own firearms, but part of being a responsible gun owner is making sure that your gun cannot be used to harm someone else, either unintentionally or maliciously. Too often, minors get hold of firearms and injure themselves or others. In many cases, unsecured firearms are used in suicides. HB 80 does not penalize gun owners who act responsibly. Nor does it penalize those who had no reason to suspect a minor might get access to their gun. What it would do, however, is promote responsible gun ownership. In a state where 46.8% of people own a gun, responsible gun ownership should be a top priority. HB 80 promotes this. Our legislature got this one wrong, and Stoddard should continue to work to promote responsibility.
