Senator MATTHEWS proposed the following amendment (AHB\3094C020.BH.AHB21):

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION__ .A. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-540.(A) As used in this section:

(1) 'Child' means a person under eighteen years of age.

(2) 'Firearm' means a rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive.

(3) 'Locked container' means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. The term includes the locked utility or glove compartment of a motor vehicle.

(4) 'Trigger-locking device' means a device which prevents a firearm from functioning and which, when locked on the firearm, renders the firearm inoperable.

(B) A person who stores or leaves on premises u nder his control a firearm in a condition that the firearm can be discharged and in a manner that the person knows, or reasonably should have known, that a child is likely to gain access to the firearm without the permission of the child's parent or guardian is guilty of child endangerment with a firearm if a child gains access to the firearm without the lawful permission of the child's parent or guardian whether or not the child causes personal injury or death with the firearm not in self-defense.

(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned for not more than three years, or both.

(D)The provisions of this section do not apply when any of the following occur, the:

(1) child obtains the firearm as a result of an illegal entry to any premises of a person;

(2) firearm is kept in a locked container or in a location which a reasonable person would believe to be secure;

(3) firearm is carried on the person or within such close proximity that the person can readily retrieve and use the firearm as if carried on the person;

(4) firearm is locked with a trigger-locking device;

(5) child obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person; or

(6) firearm is kept on any premises which is under the custody or control of a person who has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.

(E)(1) Upon the retail sale or transfer of a firearm, the seller shall deliver a written warning to the purchaser that states, in block letters not less than one-fourth inch in height:

'IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE, FOR ANY PERSON TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(2) A retail dealer who sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height:

'IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(3) A person who knowingly violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars."

B.This SECTION takes effect upon approval by the Governor. /