MaKayla’s Law Introduced to Amend Reckless Endangerment

 Posted on February 24, 2025 in Criminal Defense

HB 0167 and SB 033 have been introduced to enact "MaKayla’s Law." This bill amends the offense of reckless endangerment to specifically include the reckless failure to secure or lock a firearm when it results in a child under the age of 13 gaining possession of the firearm and injuring or killing the child or another person.

Unfortunately, far too many tragedies occur from unsecured firearms, and now parents or other adults who failed to secure the firearm could find themselves charged with reckless endangerment. If you are facing charges of reckless endangerment, speaking to an experienced Anderson County, TN criminal defense lawyer can be beneficial.

Why Is MaKayla’s Law Necessary?

Between 2015 and 2023, the state of Tennessee had 158 unintentional shootings by children – the third-highest rate of any state during that time period (following Louisiana and Mississippi). Overall, Tennessee has the 12th highest rate of gun deaths in the U.S., with no laws requiring gun owners to securely store their firearms. Following the Covenant School shooting in Nashville in 2023, lawmakers strengthened protections for the gun industry rather than passing gun safety legislation.

Across the United States, a child under the age of 18 gains access to a loaded gun and unintentionally shoots themselves or someone else at least once a day. The two age groups with the highest likelihood of an unintentional shooting are those between 14 and 17 and preschoolers aged five and younger. The victims of shootings by children are almost always other children, usually a sibling or friend. More than one thousand toddlers and preschoolers have shot themselves or someone else since 2015.   

What is Reckless Endangerment?

Under Tennessee law, a person commits reckless endangerment when he or she engages in conduct that places or could place another person in imminent danger of serious bodily injury or death. Currently, reckless endangerment is a Class A misdemeanor unless a deadly weapon is used in the commission of reckless endangerment; then, it is a Class E felony. Reckless endangerment by discharging a firearm into a habitation is a Class C felony unless the home was unoccupied at the time.  

Penalties for Reckless Endangerment

A Class A misdemeanor conviction can result in up to a year in jail and a fine of up to $2,500. A Class E felony conviction can result in not less than one year in jail and not more than six years, along with a fine as large as $3,000. A Class C felony conviction can result in between three and 15 years in prison, along with a fine of up to $10,000. If the bill above passes, it is likely to be charged as a Class A or Class B misdemeanor.  

Are There Defenses to Reckless Endangerment for Not Securing a Firearm?

All parents should keep any guns in the home securely stored where a child cannot access them. A defense to reckless endangerment for failing to secure a firearm could potentially be that the firearm was securely stored away, but an older child actively searched for the gun until he or she found it.

In another scenario, a person who has no children might not have a firearm securely stored away because he or she saw no need to do so. A relative with a child could have then come into the home, and that child found the gun and shot himself/herself or another person. In this instance, it would have been difficult for the owners of the home and the gun to anticipate these actions.  

Contact a Union County, TN Criminal Defense Attorney

If you have been charged with reckless endangerment – as the law currently stands – or any other criminal offense, you need a highly skilled Blount County, TN criminal defense lawyer from Jeffrey Coller, Knoxville Criminal Defense Attorney. A criminal conviction's penalties and collateral consequences can last for a very long time. Call 865-281-1000 today to schedule your free consultation and discuss your criminal charges.