Firearms are the leading cause of death for minors in the United States.[1] More than eighty percent of child suicides involve a gun belonging to a family member[2] and over forty-six million children have access to an unlocked and loaded gun in their household.[3] On March 20, 2018, 16-year-old Jaelynn Willey was shot and killed at Great Mills High School in Maryland by a 17-year-old boy using his father’s gun.[4] As a result of this tragic event, “Jaelynn’s Law”[5] went into effect in Maryland, targeting the prevention of youth suicide and emphasizing the importance of safe firearm storage in saving minors’ lives.[6]

Jaelynn’s Law prohibits an individual from storing or leaving “a loaded firearm in a location where the person knew or should have known that an under supervised minor has access to the firearm.”[7] The law defines a minor as an individual 17 years old or younger.[8] A violation of Jaelynn’s Law qualifies as a misdemeanor and holds a maximum fine of one thousand dollars.[9] Additionally, individuals convicted two or more times for a violation may not own a regulated firearm for five years.[10] If a violation results in “death or serious bodily injury to the minor or another person,” the individual may lose their right to own a firearm.[11] Lastly, the deputy Secretary for Public Health Services is required to develop a youth suicide prevention and firearm safety storage guide as a resource for the public.[12]

Critics of Jaelynn’s Law refer to the Second Amendment and argue that adults have a constitutional right to have a firearm ready for immediate use in their home for self-defense.[13] Specifically, MD. CODE ANN. PUB. SAFETY § 5-133(d)(2)(iv) allows possession of a handgun by a person under the age of 21 “for self-defense or the defense of others against a trespasser into the residence of the person in possession or into a residence in which the person in possession is an invited guest.”[14]

Furthermore, individuals opposing Jaelynn’s Law believe that Maryland may not pass firearm storage requirements which make the firearm unavailable for immediate self-defense.[15] In effect, Jaelynn’s Law does not allow adult gunowners in Maryland to have their guns ready for immediate use for self-defense if they are required to be stored away from the minors in their home.[16] Maryland gun rights advocates assert that a law restricting their right to use their firearm in their home for immediate self-defense is a violation of their Second Amendment right.[17]

Such constitutional arguments may raise doubts about the future of Jaelynn’s law.[18] However, critics overlook the fact that Jaelynn’s Law seeks to protect children from horrific tragedies such as the one that happened to Jaelynn Wiley.[19] Simply put, Jaelynn’s Law addresses one aspect of the law that all individuals should agree on: children should not be subjected to gun violence at the hands of irresponsible gun owners.

Raquel Hyatt is a third-year law student at the University of Baltimore, School of law and serves as the Resource Editor for Law Forum. Raquel received a Bachelor of Arts in Political Science and Theatre from James Madison University, in Harrisonburg, Virginia. She currently works for Silverman, Thompson, Slutkin, and White, LLC. Raquel will graduate in May 2025 and hopes to pursue a career in litigation.

[1] Children & Teens, Everytown for Gun Safety, https://everytownresearch.org/issue/child-and-teens/ (last visited Apr. 3, 2023).

[2] Id.

[3] 17 Facts About Gun Violence and School Shootings, Sandy Hook Promise, https://www.sandyhookpromise.org/blog/gun-violence/facts-about-gun-violence-and-school-shootings/ (last visited Apr 3., 2023) (“Nearly half of all parents with a weapon in the home wrongly believe their children don’t know where a gun is stored.”).

[4] Id.

[5] S.B. 858, 445^th Gen. Assemb., 2023 Sess. (Md. 2023).

[6] Matt Bush, Jaelynn’s Law Passes Maryland Senate, Tightening Requirements About Gun Storage, WYPR (Mar. 15, 2023 5:00 PM), https://www.wypr.org/wypr-news/2023-03-15/jaelynns-law-passes- maryland-senate-tightening-requirements-about-gun-storage. Around sixty-eight percent of guns used in school shootings are obtained from the home of the shooter’s friend or relative. See 17 Facts About Gun Violence and School Shootings, supra note 3.

[7] S.B. 858, 445^th Gen. Assemb., 2023 Sess. (Md. 2023).

[8] Id.

[9] Id.

[10] Id.

[11] Id.

[12] Id.

[13] Testimony in Opposition to HB 307/SB 858 “Firearm Safety- Storage Requirements and Youth Suicide Prevention (Jaelynn’s Law)”, MSI, https://www.marylandshallissue.org/jmain/legislation-tracker/326- hb307sb858opp (last visited Apr. 15, 2024).

[14] Id.

[15] Id.

[16] Id.

[17] Id.

[18] Id.

[19] Bush, supra note 5.