CGS 29-37i:
Ethan's Law Safe Storage Requirements

Connecticut General Statutes Section 29-37i, commonly known as Ethan's Law, establishes mandatory safe storage requirements for all firearms kept on premises under a person's control. The law is named after Ethan Song, a 15-year-old from Guilford, Connecticut who was shot and killed on January 31, 2018 while handling a pistol at a neighbor's house. The firearms there were secured with operable gun locks, but the keys and ammunition were inside the same box.^[1]

Legislative History

• 1990 (Original enactment). Required secure storage of loaded firearms on premises under a person's control when the person knew or reasonably should have known that a minor under 16 was likely to gain access without a parent's or guardian's permission.
• 2019 (Public Act 19-5, Ethan's Law): Raised the age threshold from 16 to 18, expanded the requirement to include both loaded and unloaded firearms, and was named Ethan's Law in honor of Ethan Song.^[1]
• 2023 (HB 6667 / Public Act 23-53): Removed the condition that the person knows or reasonably should know that a minor is likely to gain access to the firearm or that a resident of the premises is ineligible to possess a firearm, is subject to a risk protection order or poses a risk of imminent personal injury. The storage requirement now applies whether or not minors are present. The law now applies to all firearms, loaded or unloaded, on any premises under the person's control.^[2]

Current Storage Requirements

Under the current version of CGS 29-37i, effective October 1, 2023, no person may store or keep any firearm on premises under their control unless one of the following conditions is met:^[3]

• The firearm is kept in a securely locked box or other container or in a manner that a reasonable person would believe to be secure. Or
• The person carries the firearm on their person or within such close proximity that they can readily retrieve and use it as if it were carried on their body.

A firearm left in an unlocked drawer, on a nightstand, or in another place violates the law unless it is kept in a manner which a reasonable person would believe to be secure or is close enough for the person to readily retrieve and use it as if carried on their person, even if no minor or prohibited person is present in the household. The person may instead carry the firearm on their person or keep it close enough to readily retrieve and use it as if carried on their person.

Criminal Penalties

The companion penalty statute, CGS 53a-217a, establishes that criminally negligent storage of a firearm is a Class D felony. A person is guilty of this offense when they violate the storage provisions of Section 29-37i and another person obtains the firearm and causes injury or death to themselves or any other person, except when access results from unlawful entry and, if the firearm is stolen, it is reported stolen as required by law.^[4] The penalties for a Class D felony include:

• Up to 5 years imprisonment
• A fine of up to $5,000
• Up to 3 years of probation, or up to 5 years when the court so decides case by case

Civil Liability

In addition to criminal penalties, CGS 52-571g imposes strict civil liability on a person whose act or omission violates CGS 29-37i. If a violation of the safe storage requirement results in a person under the age of 18, a resident of the premises who is ineligible to possess a firearm under state or federal law, or a resident of the premises who poses a risk of imminent personal injury to themselves or to other individuals obtaining a firearm and causing injury or death to themselves or another person, the person responsible for the violation is strictly liable for civil damages.^[6] Strict liability does not require a separate showing that the person responsible for the storage violation was negligent, but it applies only when the violation leads to a minor or a resident described above obtaining the firearm and causing injury or death.

Parental Responsibility

CGS 53-206f creates an additional layer of responsibility for parents and guardians. A parent or guardian of a minor child who knows that the child possesses a firearm and is ineligible to possess it, and who fails to make reasonable efforts to halt such possession, is guilty of a class A misdemeanor, or a class D felony if the child causes the injury or death of another person with the firearm.^[5]

What This Means for Gun Owners

Firearms owners should invest in a gun safe, lockbox, or other secure container that meets the "reasonable person" standard. Placing a firearm in a locked room satisfies the storage requirement only if it is kept in a securely locked box or other container or in a manner that a reasonable person would believe to be secure. Gun owners may carry the firearm on their person or keep it close enough to readily retrieve and use as if carried on their person. Otherwise, they must store it in a securely locked box or other container or in a manner that a reasonable person would believe to be secure.

See also: Connecticut Safe Storage Compliance Guide