Blair Holt Firearm Owner Licensing and Record of Sale Act of 2026

(hh) Child access prevention

(1) Definition of child. In this subsection, the term child means an individual who has not attained 18 years of age.

(2) Prohibition and penalties. Except as provided in paragraph (3), it shall be unlawful for any person to keep a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person, if—

(A) that person—

(i) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and

(ii) either—

(I) knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365) to, the child or any other individual; or

(II) knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and

(B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other individual.

(3) Exceptions. Paragraph (2) shall not apply if—

(A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device;

(B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity;

(C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or

(D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept.