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Florida Gun Safe Regulations

Safe Storage of Firearms: Protecting Children from Accidents and Tragedies

Gun safes are an effective and reliable way to secure firearms and prevent minors from accessing them without proper authorization or supervision. A gun safe is a specially designed container that provides a secure and inaccessible storage solution for firearms. Gun safes are made of durable materials such as steel and can withstand high levels of force, making them virtually impenetrable to unauthorized access.

Gun ownership is a hotly debated issue in the United States, and with it comes the responsibility to ensure the safe storage of firearms. In Florida, the law requires gun owners to take precautions to prevent minors from accessing loaded firearms without lawful permission or supervision. Failure to comply with these regulations can lead to serious consequences, including misdemeanor charges and potential harm to children.

Florida Statute 790.174 outlines the requirements for the safe storage of firearms. According to the law, anyone who stores or leaves a loaded firearm on a premise they control must take reasonable steps to ensure that minors cannot access the weapon without permission or supervision required by law. This means that firearms must be kept in a securely locked box or container or in a location that a reasonable person would believe to be secure. Additionally, guns can be secured with a trigger lock, which makes it impossible to fire the weapon without first removing the lock.

The law recognizes that there may be situations where a person needs to have access to their firearm quickly, such as when carrying the weapon on their body. In such cases, the gun must be within close proximity so that it can be retrieved and used as easily and quickly as if it were being carried on the body.

The consequences for failing to comply with safe storage regulations can be severe. If a minor gains access to a firearm that was not stored securely and then possesses or exhibits it in public or in a threatening manner, the gun owner may face misdemeanor charges. This can result in fines, jail time, and a permanent criminal record.

The law defines a minor as any person under the age of 16. It is crucial for gun owners to recognize the potential dangers that come with leaving firearms accessible to children. Tragedies can occur in seconds when curious children find unlocked firearms and unintentionally discharge them. Such incidents can lead to serious injury or even death.

While the law requires gun owners to take precautions to prevent minors from accessing firearms, it is important to remember that safe storage is not only a legal requirement but also a moral obligation. The responsibility of gun ownership extends beyond the legal requirements, and owners should take every precaution to prevent accidents and tragedies.

Steps to Ensure Safe Storage of Firearms

There are several steps gun owners can take to ensure the safe storage of firearms. Firstly, guns should always be unloaded when not in use. Secondly, firearms should be stored in a locked safe or cabinet that is inaccessible to children. For example, the AMSEC BFX7250 Fire & Burglary Safe. Thirdly, ammunition should be stored separately from firearms. Finally, trigger locks should be used to further secure firearms when they are not in use.

In conclusion, the safe storage of firearms is crucial for protecting children from accidents and tragedies. Florida law requires gun owners to take reasonable precautions to prevent minors from accessing loaded firearms without lawful permission or supervision. Failure to comply with these regulations can lead to serious consequences, including misdemeanor charges and potential harm to children. It is the responsibility of all gun owners to take every precaution to ensure that their firearms are stored securely and out of reach of children.

Learn more about Florida’s gun safe regulations

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Gun Safe Regulations on Gun Safes for Sale in New York

Understanding Recent Changes to New York’s Gun Laws

Background

On June 23, 2022, in a 6-3 ruling, the U.S. Supreme Court struck down part of New York’s concealed carry law, a provision requiring an applicant to show “proper cause” in order to obtain a license to carry a concealed handgun outside their home. (New York does not allow handguns to be carried openly at all, and that restriction was not challenged in the case.) The Court’s decision in New York State Rifle & Pistol Association v. Bruen removed a key element of New York’s gun laws, making it easier to obtain a license to carry a firearm in New York’s public spaces. In its wake, on July 1, 2022, New York Governor Kathy Hochul signed into law new legislation strengthening the state’s gun laws.

What did the Supreme Court hold and why?

The Court ruled that the 109-year-old provision violated the Second Amendment, holding that States may not require otherwise responsible and law-abiding citizens to show “a special need for self-defense” in order to qualify for a license to carry a handgun outside the home. (p. 30). A license to carry a handgun may be denied for other reasons specific to an applicant’s background, character, or ability to use a firearm properly, but not for lack of a special need for self-defense.

The Court’s opinion focused primarily on history, relying on its view that there was no precedent for similarly restrictive laws limiting people’s ability to carry handguns in public for the purpose of self-defense when the Second Amendment was ratified. Consequently, the Court ruled that New York’s proper-cause requirement was not part of a “historical tradition” defining the “outer bounds of the right to keep and bear arms.” (p. 10).

What does the Supreme Court’s decision do to gun safety in New York State?

The decision does not invalidate New York’s handgun licensing requirement. The proper-cause requirement the Court invalidated was just one requirement for obtaining a concealed carry license in New York. The rest of the licensing regime remains in force and is being updated to clarify the eligibility criteria for acquiring a license to carry a concealed handgun in public in this State.

The Supreme Court endorsed many of the licensing criteria common to New York and the less strict, “shall issue” jurisdictions. (In a “shall issue” state, licensing authorities are required to issue a concealed carry license if an applicant satisfies certain threshold criteria defined by statute.) The Supreme Court made clear that States may continue to enforce requirements that ensure concealed carry licenses are issued only to law-abiding, responsible individuals. (p. 30). The majority opinion and concurring opinions specifically mention fingerprinting, background checks, checks of mental-health records, and firearm training courses as a non-exhaustive list of preconditions that States may enforce for obtaining such a license.

What kinds of restrictions on public carry remain presumptively permissible?

Carrying guns may be prohibited in “sensitive places” like schools and government buildings. It remains “settled” that the Second Amendment allows restrictions on carrying guns in “sensitive places” like schools, government buildings, courthouses, and polling sites. (p. 21). The Supreme Court acknowledged that similar restrictions may be imposed for “new and analogous sensitive places.” (p. 21). However, the Court warned that an entire geographic area, such as the whole “island of Manhattan,” could not be declared a “sensitive place” solely on the ground that it is crowded and well-policed. (p. 22). Consistent with this, the state legislature and municipal authorities may expand the list of specific public spaces where carrying handguns and other weapons is prohibited.

Licenses may still be required for carrying handguns in public, and those licenses may be reserved only for responsible, law-abiding individuals. Fingerprinting, background checks, mental-health checks, and training courses all remain presumptively permissible. (p. 30).

Dangerous or unusual weapons may be subject to further restrictions. The Court did not define what a dangerous or unusual weapon may be, leaving some ambiguity on this point, but certain restrictions remain presumptively permissible. (p. 38).
Carrying guns with unlawful intent may be prohibited. While the Court held that the Second Amendment protects a law-abiding citizen’s right to carry a concealed handgun in public for lawful self-defense purposes, restrictions on carrying guns with unlawful intent remain presumptively permissible. (pp. 29, 62).
Financial incentives for responsible arms carrying may be devised. (p. 51).
Private parties may restrict guns on their own property. Nothing in Bruen requires private parties to allow guns into their own homes or businesses if they do not want them there.

Enhancing New York’s Gun Laws in the Wake of Bruen

In the wake of the Court’s decision in Bruen, New York’s lawmakers were called back to Albany for a special session to pass new legislation clarifying and enhancing New York’s many public-safety-oriented protections for handgun licensing in a manner consistent with the Supreme Court’s decision. On July 1, 2022, Governor Hochul signed landmark legislation expanding restrictions on access to guns in the state. You can read the law here.

  • Sensitive Places: The new measures build on the constitutional carveout for protecting “sensitive places,” barring the carrying of firearms in specific public settings, such as: colleges and universities, hospitals, houses of worship, public transportation, including subways, places where alcohol is consumed, homeless shelters and other public residential facilities, entertainment venues, such as stadiums, theaters, casinos, and polling places, and places where children gather, such as schools, daycare centers, playgrounds, libraries parks and zoos.
  • New Eligibility Requirements: The new law adds requirements for New Yorkers applying for a concealed carry permit, including presenting a certificate of completion of a standardized firearm training and firing range training. Only applicants deemed to have “good moral character” and sufficient mental competence—a determination based on an in-person interview, a written exam and character references—will be eligible for a concealed carry permit. Applicants may be disqualified by past illicit behavior, including misdemeanor convictions for weapons possession and menacing (placing another person in fear of death or serious injury). Applicants who are denied a permit following this process may appeal.
  • Safe Storage, Background Checks and Body Armor: The new law also imposes new safe storage requirements, for example, prohibiting gun owners from leaving a firearm in a car unless stored in a lockbox with ammunition removed, and requiring safe gun ownership in a home where someone under 18 resides. Additionally, New York’s new law allows the State to conduct and exercise oversight over background checks for firearms, beyond those maintained by the FBI, which lack access to state- and local-owned databases. Finally, the law expands the scope of bullet-resistant protective equipment prohibited in New York, for example, the steel-plated vest worn by the shooter in the Buffalo, New York.