Gun ownership is one of the most debated issues in the United States, but one area of particular concern is the role of parents who give their children or young adults access to firearms. The question is both legal and moral: if a parent gives a gun to a child or young adult and something goes wrong, is the parent liable or at least somewhat responsible? The short answer is often yes. Depending on the state, the circumstances, and the outcome, parents may face both criminal charges and civil lawsuits.
This article explores the legal landscape, examples from across the U.S., the concept of negligence, and why responsible firearm storage and supervision are critical for both families and communities.
Legal Responsibility of Parents
Parental liability for a child or young adult’s use of a gun generally falls under two legal concepts: criminal liability and civil liability.
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Criminal liability means the state prosecutes the parent for breaking a law, which can result in fines, probation, or jail time.
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Civil liability means victims (or their families) may sue the parent for damages, which could include medical expenses, pain and suffering, or wrongful death claims.
Many states have Child Access Prevention (CAP) or secure-storage laws that make adults responsible if they allow minors to access firearms unsafely. These laws differ widely—some require guns be locked whenever they’re not under the owner’s immediate control, while others only impose liability after a child gains access or discharges the gun. You can review a national overview at the Giffords Law Center and compare individual statutes through Everytown’s State Gun Law Tracker.
State-by-State Comparison of CAP/Secure-Storage Laws (50 States)
| State | Status (CAP / Secure Storage) | Typical Trigger (summary) |
|---|---|---|
| Alabama | No statewide CAP/secure-storage requirement | General negligence may apply |
| Alaska | No statewide CAP/secure-storage requirement | General negligence may apply |
| Arizona | No statewide CAP/secure-storage requirement | General negligence may apply |
| Arkansas | No statewide CAP/secure-storage requirement | General negligence may apply |
| California | Yes (secure-storage/CAP) | When child may/likely access; storage duties around prohibited persons |
| Colorado | Yes (secure-storage/CAP) | When child may/likely access |
| Connecticut | Yes (secure-storage/CAP) | When child may/likely access |
| Delaware | Yes (secure-storage/CAP) | When child may/likely access |
| Florida | Yes (CAP) | After child gains access or discharges |
| Georgia | No statewide CAP/secure-storage requirement | General negligence may apply |
| Hawaii | Yes (secure-storage/CAP) | When child may/likely access |
| Idaho | No statewide CAP/secure-storage requirement | General negligence may apply |
| Illinois | Yes (CAP) | Leaving accessible to minors prohibited |
| Indiana | Limited CAP | Applies in certain transfers/possession |
| Iowa | Yes (CAP) | After child gains access (under ~14) |
| Kansas | No statewide CAP/secure-storage requirement | General negligence may apply |
| Kentucky | No statewide CAP/secure-storage requirement | General negligence may apply |
| Louisiana | No statewide CAP/secure-storage requirement | General negligence may apply |
| Maine | Yes (CAP) | After child gains access (under ~16) |
| Maryland | Yes (secure-storage/CAP) | When child may/likely access |
| Massachusetts | Yes (secure-storage) | Locked whenever not in immediate control |
| Michigan | Yes (CAP) | After child gains access |
| Minnesota | Yes (CAP) | When child may/likely access |
| Mississippi | No statewide CAP/secure-storage requirement | General negligence may apply |
| Missouri | No statewide CAP/secure-storage requirement | General negligence may apply |
| Montana | No statewide CAP/secure-storage requirement | General negligence may apply |
| Nebraska | No statewide CAP/secure-storage requirement | General negligence may apply |
| Nevada | Yes (CAP) | When child may/likely access |
| New Hampshire | Yes (CAP) | After child gains access (under ~16) |
| New Jersey | Yes (CAP) | After child gains access (under ~16) |
| New Mexico | Yes (CAP) | After child gains access (under ~18) |
| New York | Yes (secure-storage/CAP) | When child may/likely access |
| North Carolina | Yes (CAP) | After child gains access (under ~18) |
| North Dakota | No statewide CAP/secure-storage requirement | General negligence may apply |
| Ohio | No statewide CAP/secure-storage requirement | General negligence may apply |
| Oklahoma | No statewide CAP/secure-storage requirement | General negligence may apply |
| Oregon | Yes (secure-storage) | Locked whenever not in immediate control |
| Pennsylvania | No statewide CAP/secure-storage requirement | General negligence may apply |
| Rhode Island | Yes (secure-storage) | Locked whenever not in immediate control |
| South Carolina | No statewide CAP/secure-storage requirement | General negligence may apply |
| South Dakota | No statewide CAP/secure-storage requirement | General negligence may apply |
| Tennessee | No statewide CAP/secure-storage requirement | General negligence may apply |
| Texas | Yes (CAP) | After child gains access (under ~17) |
| Utah | No general CAP | Limited carve-outs only |
| Vermont | Yes (CAP) | After child gains access (under ~18) |
| Virginia | Partial CAP | Reckless storage of loaded firearm endangering child under 14 |
| Washington | Yes (CAP) | Liability when child accesses unsecured firearm |
| West Virginia | No statewide CAP/secure-storage requirement | General negligence may apply |
| Wisconsin | No statewide CAP/secure-storage requirement | General negligence may apply |
| Wyoming | No statewide CAP/secure-storage requirement | General negligence may apply |
Real-World Examples
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Oxford High School (Michigan, 2021): Parents were charged with involuntary manslaughter after their son accessed a handgun and killed four classmates. Prosecutors argued they failed to secure the firearm.
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Texas Accidental Shootings: Parents have been charged with child endangerment after young children accessed unsecured firearms and injured siblings or themselves.
Negligence and Foreseeability
Courts ask whether it was foreseeable that giving a gun to a child or young adult could result in harm. If yes, parents may be found negligent. Key considerations include whether firearms were locked, ammo stored separately, and whether the child had a history of risky behavior.
Age and Maturity of the Child or Young Adult
A 17-year-old with hunting experience is treated differently than a 10-year-old, but safe-storage duties apply across ages. Even in hunting states, unsupervised access creates liability.
The Role of Gun Safety Education
Safety training reduces risk but does not erase liability. Courts still evaluate whether the child had unsupervised access. Research shows that strong CAP laws correlate with reductions in youth firearm injuries and suicides.
Civil Suits and Financial Responsibility
Even if criminal charges aren’t filed, parents may face wrongful death lawsuits. Insurance often excludes intentional firearm acts, leaving families financially exposed.
Prevention Strategies for Parents
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Lock firearms when not under direct control.
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Store ammunition separately.
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Supervise all firearm use.
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Enroll children in certified safety courses.
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Stay informed about your state’s CAP law.
Conclusion
If a parent gives a gun to a child or young adult and something happens, they are often legally and morally responsible. The level of liability varies by state, but courts increasingly expect parents to secure firearms and supervise minors. Failure to do so can lead to criminal charges, civil lawsuits, and lasting consequences.
