Kentucky to consider bill that would hold parents accountable for children’s gun crimes

Kentucky is gearing up to potentially pass a new law in the upcoming legislative session that would hold parents accountable for their juvenile child’s involvement in a crime that includes the use of a firearm. State Rep. Kim Banta, a Republican from Erlanger, has introduced a bill that mirrors existing laws that make parents responsible for property damage and car accidents caused by their minor children.

Under current Kentucky law, parents can be held liable for up to $2,500 in cases where their children vandalize property. Additionally, the guardian who signs a minor’s driver’s license application is considered jointly and severally liable for any negligence or damages caused by the minor behind the wheel.

Rep. Banta emphasized that her proposed legislation is not aimed at restricting gun sales or enforcing gun control measures. Instead, she wants to underscore the importance of parental responsibility and awareness of their children’s actions, whether it involves driving a car or handling a firearm.

The bill would impute negligence or willful misconduct of a minor child on their parents or guardians for civil damages resulting from injuries caused by a person with a gun. Factors that would determine parental liability include whether the parent allowed the child access to the gun, had knowledge of previous gun-related offenses, or believed the minor had a propensity for violence.

Rep. Banta cited a recent incident in Kentucky where 15-year-olds were involved in a dispute over drugs, leading to one of the youths retrieving a gun from home and shooting two others. She stressed that minors lack the mental maturity to make sound decisions in high-pressure situations, making it crucial for parents to supervise and secure firearms in the household.

While foster parents would be exempt from the proposed law, all other parents or legal guardians would be subject to its provisions. The bill is set to be presented in January, and if it advances to a committee vote, there is a strong possibility it will proceed to a full floor vote and eventually reach Gov. Andrew Beshear’s desk for approval.

As of now, Gov. Beshear, a Democrat, has not provided a response to inquiries about the bill. The Kentucky legislature is currently dominated by Republican majorities in both chambers, indicating a favorable environment for the bill’s passage.

In conclusion, the proposed legislation seeks to reinforce parental accountability in preventing juvenile involvement in firearm-related crimes, without infringing on Second Amendment rights. It underscores the importance of responsible gun ownership and supervision, particularly in households with minors.