; and (ii) either— (I) knows, or recklessly disregards the risk, that a child will use the firearm to cause the death of, or serious bodily injury (as defined in section 1365) to, the child or any other individual; or (II) knows, or reasonably should know, that possession of the firearm by a child is unlawful under Federal or State law; and (B) a child uses the firearm and the use of that firearm causes the death of, or serious bodily injury to, the child or any other individual. (3) Exceptions Paragraph (2) shall not apply if— (A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device; (B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity; (C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or (D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept. . IV ENFORCEMENT 401. Criminal penalties (a) Failure To possess firearm owner license; failure To comply with denial and revocation requirements; failure To comply with qualifying firearm sale or transfer requirements; failure To maintain or permit inspection of records Section 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) Whoever knowingly violates subsection (aa), (bb), (cc), or (ee) of section 922 shall be fined under this title, imprisoned not more than 10 years, or both. . (b) Failure To comply with universal background checks; failure To timely report loss or theft of a qualifying firearm