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Youth proposal to criminalize parental negligence in firearm access draws mixed legal reaction
Summary
Youth Legislator Walsh presented BDR 6, a proposal to remove the parental-knowledge requirement in Nevada law and allow criminal liability when minors access unsecured firearms; prosecutors urged narrower drafting while public defenders warned of strict-liability risks and disproportionate penalties.
Youth Legislator Elyssa (Lehi) Walsh presented BDR 6, a proposal to amend Nevada law so that parents or guardians could face civil and criminal liability, including a Category B felony, if a minor negligently accesses a legally owned firearm and uses it negligently or for willful misconduct.
Walsh framed the proposal with personal experience of a 2019 school lockdown and cited multiple Nevada incidents and research from the Giffords Law Center, arguing the change would hold adults accountable and deter negligent storage. “BDR 6 is about keeping that ‘what would I do’ as a thought,” Walsh said. “Vote BDR 6.”
Witnesses offered sharply different perspectives. Michael Watson of the Clark County District Attorney’s juvenile division said he welcomed increased parental accountability but warned that drafting must be narrower to avoid unintended consequences and to make prosecution feasible. “A bill that would tailor this to something along those lines that would make it easier to prosecute parents...would be helpful,” Watson said.
Assistant Public Defender John Puro and other defense attorneys urged caution. Puro described the measure as creating potential strict-liability crimes and questioned whether severe penalties will deter negligent storage. “I think this bill has good intentions, but its execution of those intentions are not going to accomplish the desired result,” he testified, recommending alternatives such as educational mandates or storage requirements.
Youth legislators pressed Walsh on definitions (what constitutes negligence or permitting access), whether locked storage would avoid liability, and how prosecutorial discretion might produce uneven outcomes across socioeconomic or racial lines. Walsh said she would be open to amendments to narrow the language.
The committee did not take a final vote on BDR 6; instead, members voted to select BDR 3 as the NYL bill. Witnesses agreed the issue of child access to firearms is serious and suggested a range of policy approaches—from targeted criminalization in narrow, proofable circumstances to noncriminal measures such as mandatory education or safe-storage programs.
The debate highlighted competing priorities: holding adults accountable to protect children and ensuring criminal laws do not create disproportionate penalties or unintended harms.
