Bill seeks to increase adult liability for gun access, unsafe storage

A proposal aimed at strengthening legal liability for adults who allow children under 14 to access firearms in certain situations was considered by the Judiciary Committee Feb. 12.

LB957, introduced by Omaha Sen. John Cavanaugh, would make it a Class I misdemeanor to leave a loaded, unsecured firearm where a child under 14 could access the weapon, if the child obtains the gun and displays it in public or uses it to injure or kill someone. The law would not apply in cases of self-defense or if the child obtained the gun during a robbery.

Additionally, the measure would allow someone injured by a child under 14 to sue a parent, guardian or their spouse for damages if the adult knowingly allowed the child to possess a handgun or ammunition.

Cavanaugh said the bill would not prevent parents from taking their children hunting, teaching them how to handle firearms safely or or how to use force when legally justified. Instead, he said, the measure would promote responsible gun ownership by requiring loaded firearms to be stored safely and holding adults accountable if children illegally access handguns and cause harm.

“[LB957] is simply a way to ensure that loaded weapons are stored safely and securely, and that if children are allowed to illegally use handguns, their parents and guardians [are held] responsible for the injuries that result,” Cavanaugh said. 

Mary Kelly testified in support of the measure on behalf of the League of Women Voters, saying it could help reduce preventable child deaths and firearm injuries. 

Research shows that states with more permissive firearm laws have higher pediatric gun death rates, she said, and safe storage requirements are a common-sense way to protect children while also respecting constitutional rights.

“If adopted, this bill will communicate to families the safest way to exercise their Second Amendment rights and protect vulnerable children from loaded guns,” Kelly said. 

Representing the Nebraska Children’s Commission, Chloe Fowler also supported the bill. She said unsecured firearms often increase minors’ involvement in the child welfare and juvenile justice systems and pose risks to children through accidental shootings, suicide, homicide and long-term trauma.

Comparing firearm safety to car seat laws and restrictions on controlled substances, Fowler said LB957 would place accountability on adults, prevent avoidable injuries and reduce strain on state systems.

“This bill enforces a basic child safety principle,” Fowler said. “Adults are responsible for creating safe environments.”

Dara Delahant of the Douglas County Attorney’s Office testified in opposition to LB957, saying the proposal could make it harder to prosecute cases in which a child gains access to a firearm. 

She said those cases currently are adjudicated under existing felony child abuse laws, which have fewer elements to prove and carry harsher penalties. She warned that the bill could weaken enforcement because parents and guardians will view a misdemeanor as a lesser consequence.

Spike Eickholt, representing the Nebraska Criminal Defense Attorneys Association, also opposed the measure. He said it could potentially result in stacked or overlapping charges by creating duplicate offenses for conduct already prohibited under existing child neglect laws.

The committee took no immediate action on LB957.