H 3617 Session 110 (1993-1994)
H 3617 General Bill, By Jennings, Anderson, Bailey, J.M. Baxley, A.W. Byrd,
Cobb-Hunter, R.S. Corning, Harrison, Inabinett, M.F. Jaskwhich, Kelley,
W.D. Keyserling, Moody-Lawrence, J.H. Neal, Phillips, Quinn, Scott,
J.S. Shissias, C.Y. Waites, D.C. Waldrop and C.C. Wells
Similar(S 720)
A Bill to amend Chapter 31, Title 23, Code of Laws of South Carolina, 1976, by
adding Article 9 so as to enact the Children's Firearm Protection Act of 1993,
to require persons to keep firearms in a locked container or other reasonable
location or secure the firearm with a trigger-lock to prevent unauthorized and
unsupervised access to firearms by minors, to require retail dealers of
firearms to provide a written warning to purchasers of firearms and post a
warning to purchasers of firearms regarding the requirements of this Article,
to make it a crime for failure to comply with the provisions of this Article,
and to provide a penalty for violation.
03/03/93 House Introduced and read first time HJ-14
03/03/93 House Referred to Committee on Judiciary HJ-14
04/22/93 House Tabled in committee
A BILL
TO AMEND CHAPTER 31, TITLE 23, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 9 SO AS TO ENACT
THE CHILDREN'S FIREARM PROTECTION ACT OF 1993, TO
REQUIRE PERSONS TO KEEP FIREARMS IN A LOCKED
CONTAINER OR OTHER REASONABLE LOCATION OR SECURE
THE FIREARM WITH A TRIGGER-LOCK TO PREVENT
UNAUTHORIZED AND UNSUPERVISED ACCESS TO FIREARMS
BY MINORS, TO REQUIRE RETAIL DEALERS OF FIREARMS TO
PROVIDE A WRITTEN WARNING TO PURCHASERS OF
FIREARMS AND POST A WARNING TO PURCHASERS OF
FIREARMS REGARDING THE REQUIREMENTS OF THIS
ARTICLE, TO MAKE IT A CRIME FOR FAILURE TO COMPLY
WITH THE PROVISIONS OF THIS ARTICLE, AND TO PROVIDE
A PENALTY FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 31, Title 23, of the 1976 Code is amended by
adding:
"Article 9
Children's Firearm Protection Act of 1993
Section 23-31-710. This act may be cited as the `Children's Firearm
Protection Act of 1993'.
Section 23-31-720. As used in this article:
(1) `Trigger-locking device' means a device which prevents the
firearm from functioning and which, when applied to the weapon,
renders the weapon inoperable.
(2) `Loaded firearm' means a firearm which has an unexpended
cartridge or shell, consisting of a case which holds a charge of powder
and a bullet or shot, in, or attached in any manner to, the firearm,
including, but not limited to, in the firing chamber, magazine, or clip of
it attached to the firearm. A muzzle-loader firearm is considered to be
loaded when it is capped or primed and has a powder charge and ball or
shot in the barrel or cylinder.
(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) `Minor' means a person under fourteen years of age.
Section 23-31-730. (A) Except as provided in Section 23-31-740,
if a person keeps a loaded firearm on premises under his custody or
control and he knows or reasonably should know that a minor is likely
to gain access to the firearm without the supervision of the person who
has custody or control of the premises and the minor obtains access to
the firearm and causes death to himself or another person, the person is
guilty of criminal storage of a firearm in the first degree.
(B) Except as provided in Section 23-31-740, if a person keeps a
loaded firearm on premises under his custody or control and he knows
or reasonably should know that a minor is likely to gain access to the
firearm without the supervision of the person who has custody or control
of the premises and the minor obtains access to the firearm and causes
injury to himself or another person or causes the firearm to discharge,
but death does not occur, the person is guilty of criminal storage of a
firearm in the second degree.
Section 23-31-740. This article does not apply when:
(1) the minor obtains the firearm as a result of an illegal entry to any
premises by any person;
(2) the firearm is kept in a locked container or in a location which
a reasonable person would believe to be secure;
(3) the firearm is carried on the person or within such a close
proximity so that the individual can readily retrieve and use the firearm
as if carried on the person;
(4) the firearm is equipped with a trigger-locking device and the
device is on;
(5) the person is a peace officer, police officer, or law enforcement
officer, or a member of the armed forces or national guard and the minor
obtains the firearm during, or incidental to, the performance of the
person's duties;
(6) the minor obtains, or obtains and discharges, the firearm in a
lawful act of self-defense or defense of another person;
(7) the person who keeps a loaded firearm on premises under his
custody or control has no reasonable expectation, based on objective
facts and circumstances, that a minor is likely to be present on the
premises;
(8) the minor obtains the firearm for target or sport shooting events
or hunting.
Section 23-31-750. A person who is convicted of criminal storage of
a firearm must be:
(1) imprisoned for not more than three years or fined not more than
ten thousand dollars, or both, for criminal storage of a firearm in the first
degree;
(2) imprisoned not more than one year or fined not more than one
thousand dollars, or both, for criminal storage of a firearm in the second
degree.
Section 23-31-760. (A) If the person who violates this article is
related within the third degree of consanguinity to a minor who is
injured or dies as the result of an accidental shooting, the solicitor shall
consider, among other factors, the impact of the injury or death on the
person when deciding whether to prosecute a violation. It is the General
Assembly's intent that a person related within the third degree of
consanguinity to a minor who is injured or dies as the result of an
accidental shooting must be prosecuted only in those instances in which
the person related within the third degree of consanguinity behaved in
a grossly negligent manner or where similarly egregious circumstances
exist.
(B) This article may not restrict, in any manner, the factors that a
solicitor may consider when deciding whether to prosecute a person who
violated this article.
Section 23-31-770. (A) If the person who violates this article is the
person related within the third degree of consanguinity to a minor who
is injured or who dies as the result of an accidental shooting, no arrest
of the person for the violation of this article may occur until at least
seven days after the date upon which the accidental shooting occurred.
(B) In addition to the limitation contained in this article, a law
enforcement officer shall consider the health status of a minor who
suffers great bodily injury as the result of an accidental shooting before
arresting a person for a violation of this section, if the person to be
arrested is related within the third degree of consanguinity to the injured
minor. The intent of this subsection is to encourage law enforcement
officials to delay the arrest of a parent or guardian of a seriously injured
minor while the minor remains on life-support equipment or is in a
similarly critical medical condition.
Section 23-31-780. (A) The fact that the person who violates this
article attended a firearm safety training course before the purchase of
the firearm that is obtained by a minor in violation of this article must be
considered a mitigating factor by a solicitor when he is deciding whether
to prosecute the violation.
(B) In an action or trial commenced under this article, the fact that
the person who violated this article attended a firearm safety training
course before the purchase of the firearm that is obtained by a minor in
violation of this article is admissible.
Section 23-31-790. (A) Upon the retail sale or transfer of a
firearm, the seller shall deliver a written warning to the purchaser. The
warning, written in block letters not less than one-fourth inch in height
must state:
`IT IS UNLAWFUL AND PUNISHABLE BY IMPRISONMENT
AND FINE FOR ANY ADULT TO STORE OR LEAVE A
FIREARM IN ANY PLACE WITHIN THE REACH OR EASY
ACCESS OF A MINOR.'
(B) A retail dealer who sells firearms shall conspicuously post at
each purchase counter a warning written in block letters not less than
one inch in height that states:
`IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN
ANY PLACE WITHIN THE REACH OF EASY ACCESS OF A
MINOR.'
(C) A person who knowingly violates the provisions of this section
is guilty of a misdemeanor and, upon conviction, must be fined not less
than one thousand dollars nor more than five thousand dollars."
SECTION 2. This act takes effect upon approval by the Governor.
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