The Law On Gun Storage Made Simple


With the issue of guns and gun safety being so ubiquitous in today’s world, you may be concerned with your own safety and the safety of the guns that are currently under your personal ownership, specifically regarding the storage of guns and gun safes. As a result, it is important to be up to date on gun storage laws ahead of time. 

So, what is the law on gun storage? In terms of federal laws, guns must be safely stored when being transported. State laws vary, but generally there are four main laws that are used to some extent in each state. 

With these laws requiring locking devices to be sold with gun sales, locking devices to be sold with private gun sales, and finally requiring standards of approval for locking devices. 

The federal law regarding gun storage can be quite confusing and complicated, and while the state laws are not as confusing, the overlap and jurisdiction between the two definitely can be.  

Today, we will explore this issue of gun storage safety both generally, and then by state.  After this, we will delve into how to safely store guns, specifically if this can be done in a vehicle.

The Law on Gun Storage Made Simple

There are two main aspects to federal gun storage safety laws, and they are as follows:

  1. Guns must be stored safely when being sold and transported
  2. If one follows this precaution, they would be exempt from civil liability action (as long as there are no other laws broken in the process)

So what does this actually mean?  Let’s break down these extremely important gun storage laws that are an integral part of gun safety in the United States.  Under federal law, there are few restrictions in gun storage specifically. 

 One of the biggest aspects to the federal law considers the regulation on gun storage when guns are being sold and transported.  In this case, guns can not be sold unless the consumer has safe gun storage.  

However, it should be noted that this law is not applicable for private sellers, for law enforcement officers receiving guns for their work, or for any government agency or subdivision (federal or state).  

Additionally, the federal law states that gun owners who do utilize a safe and effective gun storage system will, assuming no laws were broken, will be free from civil liability action.  

Another aspect of the federal law regarding gun storage is the Consumer Product Safety Act, an executive order signed by Barack Obama, which requires the Consumer Product Safety Commission to check the safety on gun locking devices, but not the actual guns themselves. 

How Gun Storage Laws Vary By State

Out of the fifty states of America, eleven of them have specific laws regarding safe gun storage.

 The eleven states that have made laws in this specific area are as follows: California, Connecticut, Illinois, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, and Rhode Island.  

These gun storage laws differ significantly by state.  There are four main restrictions of gun storage laws, and each of these states have their own combination of these specific laws in effect to create a safe environment for gun owners and those who are directly affected by gun ownership.

Gun Storage Laws Various States May Utilize:

  1. Requiring gun owners to lock their guns
  2. Requiring locking devices to be sold with the gun sale
  3. Requiring locking devices to be sold in private sales
  4. Requiring standards or approval of said locking devices

Now that we know what these gun storage safety laws are generally, what do they really mean? Let’s break down the specifics of what these laws and requirements actually mean.  

First, when certain states require that guns must be locked while they are being stored, the law states that the gun owner must safely lock and store their gun when it is not in use.  If the gun is not locked and stored, it must not be put away.  

This law of course does not apply to when the gun is not being stored, therefore the gun does not need to be locked when it is being carried or used by the owner of the gun.  

The next law requires the transfer or sale of guns in state to be accompanied by locking devices.  These locking devices can be defined as “a device other than a gun safe that locks and is designed to prevent children and other unauthorized users from firing a firearm, or prevent access to a firearm.”  

This law is important in order to prevent individuals that should not or can not safely operate guns to avoid this liability.  

This law is the same for private sales in states that require it to be enforced for private sales, see below to find out which states that includes. 

 Lastly, certain states require there to be checks on the standards, quality, and effectiveness of these locking devices.  This means that the guns locking devices can be tested and checked by the state in order to approve the weapon for ownership.  

Gun storage laws are not an exact science, and most rules depend on the jurisdiction of the case.  Massachusetts is the only state to require this first law, the locking of guns. California, Connecticut, and New York follow close behind by requiring locks in specific circumstances.  

For example, in these states the exceptions are generally if the gun owner lives with someone who is ineligible to own a gun.  In New York, this means if the gun owner lives with a convicted felon, a domestic abuser, or a person with mental health issues.

  In California, this means someone who is not allowed to own a gun by federal or state law.  Finally, in Connecticut, this applies but only for guns that are loaded.

  As for law number two in our list, California, Michigan, and New York all implement this requirement of locks to accompany gun sales.  

Connecticut, Illinois, Maryland, New Jersey, Pennsylvania, and Rhode Island all require this for the sale of handguns only.  Massachusetts requires this for the sale of both handguns and assault weapons. This requirement varies in Ohio depending on the circumstances.  

As for our third law, the requirement of locks to be sold in private gun sales as well, California is the only state to have this as a strict law.  Connecticut and New Jersey enforce this for the sale of handguns only, while Massachusetts enforces it for the sale of both handguns and assault weapons.  

The fourth and final law we have for gun storage safety at the state level is the requirement for these locks to meet specific standards of safety or to be approved.  

California, Connecticut, Maryland, Massachusetts, and New York strictly enforce this law, while no other states have any regulations of this sort.  

How To Safely Store Your Guns

There are many ways one can safely store their guns in the home.  I will give you some ideas in the following section of this article to help you decide which safety measures are right for you, your gun, and your personal household. 

               According to the National Rifle Association, there are five options to keep guns safe in your home.  One of these or a combination of a few protective measures may be right for your household.

The NRA’s Potential Ideas for Safe Gun Storage:

  • Trigger locks
  • Gun cases
  • Strong boxes and security cases
  • Locking Steel Gun Cabinets

If the National Rifle Association is suggesting these safety measures, we can have some confidence in them, but what do these options really look like?  What are these specific gun safety measures, how much do they cost, and which ones are right for you?

Trigger locks can be a great option for gun owners as they are small, inexpensive, easy to come by and help to prevent accidents.  A trigger lock is a small bar or rod that is placed in the guard of the gun trigger.  

This is intended to only being used on unloaded guns.  This makes is so that the only circumstances where safety is increased is when someone who is not allowed to be using your gun is attempting to, maybe a curious child for example, or just a plain accident.  

This brings about the issue of moral hazard.  If a gun is known to be unloaded and locked with a trigger lock, one might be more incentivized to leave it around the house, not securely locked for example, or generally pay less attention or be less concerned by the presence of said gun in the home. 

This is a false sense of security that should be considered when purchasing a trigger lock or generally owning a gun in your home.  This proves that a trigger lock might be a better security measure when accompanied by another form of security, a gun case for example.  

While this may be a downside to trigger locks, an upside is their inexpensive nature.  Trigger locks can be found for as little as five dollars, and they are extremely accessible.  You can find trigger locks on websites such as Amazon, or sporting goods stores. 

Gun cases is a locked case meant for storing guns.  Gun cases may be more expensive than trigger locks, however they can be more effective safety measures, depending on the quality and material of the gun case.  When purchasing a gun case, be aware of the discrepancy of quality between brands and the myriad of materials that can be used to create a gun case.  

Another benefit of a gun case is that in most cases, they can be locked securely and used for traveling purposes, depending on which state you are in.  

These gun cases are also great for keeping children safe and away from guns, as well as any other unauthorized handlers of your gun.  Gun cases can also be found as most sporting goods stores and even Amazon.

Strong boxes and security cases are another option that can be used to store guns safely.  Similar to gun cases, these can be locked in order to store your gun and protect it from unauthorized users or from general accidents.  

Strong boxes and security cases are another accessible option for gun owners as they are readily sold on sites such as Amazon and other online retailers.  This is another one that could be paired well with a trigger lock to increase safety and precaution.  

One major benefit of strong boxes and security cases are their high level of security combined with their portability.  

However, one downside to these strong boxes and security cases is the price as these boxes and cases tend to be a little bit more on the pricey side, especially compared to safety measures like the trigger locks.

Locking steel gun cabinets may be the right option for your household if you have many guns or a larger gun as these locking steel gun cabinets tend to be larger.  They are effective due to the locking and steel aspects of the cabinets, which help make homes safer environments for guns and gun owners.  

These cabinets are also great because they are usually lighter in weight and more portable storage units for guns.  

Locking steel gun cabinets can be effective against crimes, bulgarlies, and theft because of the steel and locking features.  They also tend to be cheaper, so that is another added bonus.  

Gun safes are another possible way for gun owners to store their guns safely at home because of their multiple locking features.  Gun safes generally house a complex lock and therefore make it harder to break into than other options.  

For this reason, gun safes may be your best bet if you are fearful of intruders or burglars stealing your gun or guns.  

Additionally they can be very effective to keep children safe in the home and away from guns.  Many gun safes come with various bells and whistles, including things such as thumb print scanners, water protection measures, or various types of locks and locking devices.  

These are all reasons why so many people use gun safes for gun safety measures in their homes and households.  

Each of these various options for gun safety all have their benefits and consequences, so one must choose carefully and consider all possible options to encourage gun safety in the home.  

Some of these gun storage safety measures are best utilized together, such as the trigger locks, or some are best for certain households, such as those with children or pets.  

Therefore, lots of consideration must be taken when trying to decide on which forms of gun storage to use, but I am certain everyone reading this article will be able to find an option or options that are right for them.  

What Is The Best Place For a Gun Safe?

Should you decide to use a gun safe for your gun storage, where is the best place to put it?  One must put much thought into this question as the location can greatly vary the effectiveness of the gun safe, in terms of gun safety measures.  

This will depend greatly on your personal circumstances, what exactly you store in your gun safe, who else lives in your home with you, if you are worried about theft of your gun, and many other factors that should be taken into consideration.

Location Options for Gun Storage in the Home:

  • Garage
  • Kitchen
  • Bathroom
  • Home office
  • Basement
  • Living room
  • Master Bedroom

Now we will evaluate the pros and cons of each of these locations, and see which option will work best for your household.  

Keep in mind this will vary greatly for each reader!  The most important thing to do is consider which factors are most important to you (theft, children, etc), and go from there.  

The garage is usually not the best option for most people, however it can be a positive  place because it is generally not as frequented by people living in the home or guests. 

 Additionally, most people’s garages are not a target of burglaries or theft.  This means garages can be a safer place to keep your gun if you are concerned about being robbed or having your gun stolen. 

 On the other hand, garages are not a great place to store your gun because of other materials and chemicals you may store in your garage. 

 If you have chemicals or fuels in your garage that would not mix well with your gun, or could potentially cause an accident in the home, the garage may not be your best bet for gun storage.

The kitchen is generally not a great place to store guns either, as fire safety becomes a big issue.  Fire safety is important, especially when being mixed with guns, because this could potentially create a huge issue for you and the other people living inside your home. 

 If you opt to store your gun in your kitchen, be careful of placing it too close to the stove, oven, or other appliances of this nature. 

 The kitchen is also a room that is usually bustling with people cooking or hanging out, especially if your family likes to entertain, you may have lots of guests in this room.  This could be problematic if you have children or do like to entertain.  

Another point is that kitchens do not tend to have extra storage space, so there is not a practical way to store your gun in your kitchen.

The bathroom could also be a problematic location because of the mixing of water and guns.  Water from a toilet, sink, shower, or bathtub could potentially damage a gun and create corrosion.  

This is a huge risk for gun owners as this can permanently damage your gun.  This can potentially make your gun unsafe to use in the future. It may be in your best interest to not store your gun in a bathroom for this reason. 

 On the positive side, the master bedroom could possibly be a good location because of the proximity to the master bedroom and yourself during a night time break in.  This means you would be able to access your gun quickly in a defensive situation.  

A home office could be a good option for gun storage because usually not many people hang out in the home office, therefore children getting into the guns would most likely not be an issue.  

Additionally, a home office may have additional locks and security measures in place due to the privacy necessary for business or personal uses of a home office.  

Because of these potential security measures, the gun would be even more safe from issues like home robberies, burglaries, and crime. A home office may also have more storage options available to store the gun long term.  

The basement in your home may be a great option due to the low access for people, increasing the safety measures for accidents regarding children getting into guns.  The basement is also usually more immune to robbery than other rooms in the house, so this is also a plus.  

A negative of the basement for gun storage is the presence of the water heater, which could potentially create issues and accidents with guns, if something were to happen. 

 Additionally, basements are more prone to flooding because of the presence of gas pipes, water pipes, washers, dryers, and other appliances of this nature.  This could damage the guns, and make them unusable in the future, which is not beneficial to the gun owner in this position.

The living room might be a poor choice for gun storage because this is a place where many people hang out and often people entertain in this room, meaning there are lots of people in this room at any one time.  

This is problematic because not everyone is authorized or equipped to handle a gun, specifically children could be an issue for this reason. 

 Another point of concern is the fact that the fireplace is usually in this room.  For obvious reasons, one would not want to mix the fireplace and gun storage. Some fireplaces are wood burning, while others are gas burning, which each create unique and complex issues of their own. 

Either type would be extremely dangerous to house that is attempting to safely store a gun as an accident would be easy to create.  

Therefore, I would not advise keeping your gun in your living room because it could pose as a danger or threat to children or guests.  

Lastly, the master bedroom could be an ideal location for gun storage.  This is due to its privacy and low access for other people. This would be ideal to prevent against robberies or burglaries.  

Additionally, it is most effective in a defensive situation because if someone broke into your home in the middle of the night, you are closest to your gun already.  If your gun was stored in your basement during a night time robbery, your gun would be almost useless because it is not guaranteed that you will be able to access it depending on the location and timing of the perpetrator.  

Overall, the location you choose to store your gun in your home is extremely important for safety and effectiveness.  Therefore, you must put a lot of thought into this decision as it depends on many varying factors, and there is no one correct answer for everyone.  

Can You Have a Gun Safe In Your Car?

Many people might think that keeping your gun safe in your car could be easier than in the house, and maybe even better to keep it away from your family and pets.  However, this is not the case. 

In many states, this exact situation is actually illegal or legal but with many restrictions.  

             For example, in California, if you are transporting a gun in your car, it must be kept in the truck (or a different locked container if there is not a trunk in the car) and it must be unloaded. 

               It is even more ideal if this locked container is part of the car, but it can not be the glove compartment due to the law.  

This storage space could be problematic because of the accessibility for criminals to steal one’s weapon.  It is much easier to steal a gun from a car than it would be in a home, in most cases.  

Some issues regarding safety of storing a gun safe in your car could include:

  • Accessibility for children or people who ride with you
  • Proximity to gas and engine in the event of an accident
  • Theft
  • Legal issues depending on the state
  • Crossing borders
  • It is difficult to hide in the car, making it easier for thieves to find

Overall, storing a gun in your car is most likely not the best course of action due to the possibility of theft and because of specific state laws making this illegal. 

Additionally, the proximity of a gun to the car’s engine and fuel could potentially be an issue in the case of an accident.

Eric

Member of the Eastern Nebraska Gun Club, firearm enthusiast and blogger.

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