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In wake of Richneck Elementary school shooting, Virginia lawmaker eyes new gun storage bill

Gun owners could face misdemeanor charges for not properly storing an unloaded firearm if the bill is passed.

RICHMOND, Va. — A Virginia lawmaker believes her bill could help answer the question of “What’s next?" after the high-profile shooting at Richneck Elementary School in Newport News.

“If we don’t put our money where our mouth is to try and prevent this from happening to anyone else, then words our are meaningless," State Sen. Jennifer Boysko told 13News Now. 

This January, a 6-year-old shot and badly injured his first-grade teacher, leading to questions surrounding the incident and how the child obtained the firearm in the first place. 

Months before the shooting, Sen. Boysko began working on legislation, which is now officially on the book in the 2023 General Assembly as Senate Bill 1139. It's a gun storage effort that would require gun owners to lock away firearms and ammunition in homes where a minor is present. 

Violations could lead to a Class 1 misdemeanor. 

"The argument republicans have is that, 'I want to keep my household safe.' Well, this still qualifies," she said. 

Sen. Boysko noted there are already laws on the books for cases like this. 

According to a Fiscal Impact Statement for the proposed legislation:

"Under current law, which the bill does not change, it is a Class 1 misdemeanor for any person to recklessly leave a loaded, unsecured firearm in such a manner as to endanger the life or limb of any child under the age of 14."

Sen. Boysko argues her bills fills the gap left by the current law, by taking those protections one step further.

"It's very difficult to prove reckless endangerment and intent. Would need to prove someone purposefully left it out and they knew the child would pick it up," she said. 

State Sen. Montgomer "Monty" Mason, whose district includes Richneck Elementary School, also serves as the chief co-patron on this bill.

The full summary of the bill reads:

"Requires any person who possesses a firearm in a residence where such person knows or reasonably should know that a minor under 18 years of age is present to store such firearm unloaded in a locked container, compartment, or cabinet and to store all ammunition in a separate locked container, compartment, or cabinet. The bill requires that the key or combination to such locked containers, compartments, or cabinets be inaccessible to any minor. The bill provides that a violation is a Class 1 misdemeanor, and, in a case where there is more than one firearm stored in violation of these provisions, a violation for each firearm shall constitute a separate Class 1 misdemeanor. The bill exempts any person in lawful possession of a firearm who carries such firearm on or about his person, the storage of antique firearms, and the lawful authorization of a minor to access a firearm."

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