S 1514 General Bill, By I.E. Lourie and Passailaigue
 A Bill to amend Chapter 31 of Title 23, Code of Laws of South Carolina, 1976,
 by adding Article 9 so as to enact the Children's Firearm Accident Prevention
 Act of 1992, 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.

   04/28/92  Senate Introduced and read first time SJ-24
   04/28/92  Senate Referred to Committee on Judiciary SJ-24

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 ACCIDENT PREVENTION ACT OF 1992, 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

Section 23-31-710. This act may be cited as the `Children's Firearm Accident Prevention Act of 1992'.

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) `Child' means a person under fourteen years of age.

(4) `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.

Section 23-31-730. (A) Except as provided in Section 23-31-740, if a person keeps a loaded firearm on premises which is under his custody or control and he knows or reasonably should know that a child is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the child obtains access to the firearm and causes death to himself, herself, or any other 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 he keeps a loaded firearm on premises which is under his custody or control and he knows or reasonably should know that a child is likely to gain access to the firearm without the supervision of the person who has custody or control of the premises and the child obtains access to the firearm and causes injury to himself, herself, or any other person or causes the firearm to discharge, but death does not occur, he is guilty of criminal storage of a firearm in the second degree.

Section 23-31-740. This article does not apply whenever any of the following occurs:

(1) the child 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 thereto 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 or a member of the armed forces or national guard and the child obtains the firearm during, or incidental to, the performance of the person's duties;

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

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

Section 23-31-750. Criminal storage of a firearm is punishable as follows:

(1) criminal storage of a firearm in the first degree, by imprisonment for not more than three years or by a fine not exceeding ten thousand dollars, or both;

(2) criminal storage of a firearm in the second degree, by imprisonment not exceeding one year; or by a fine not exceeding one thousand dollars, or both.

Section 23-31-760. (A) If the person who allegedly violated this article is related within the third degree of consanguinity to a child who is injured or who 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 alleged to have violated this article when deciding whether to prosecute an alleged violation. It is the General Assembly's intent that a person related within the third degree of consanguinity to a child who is injured or who 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 otherwise restrict, in any manner, the factors that a solicitor may consider when deciding whether to prosecute a person who allegedly violated this article.

Section 23-31-770. (A) If the person who allegedly violated this article is the person related within the third degree of consanguinity to a child who is injured or who dies as the result of an accidental shooting, no arrest of the person for the alleged 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 child 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 child. The intent of this subdivision is to encourage law enforcement officials to delay the arrest of a parent or guardian of a seriously injured child while the child remains on life-support equipment or is in a similarly critical medical condition.

Section 23-31-780. (A) The fact that the person who allegedly violated this article attended a firearm safety training course before the purchase of the firearm that is obtained by a child in violation of this article must be considered a-6

mitigating factor by a solicitor when he is deciding whether to prosecute the alleged violation.

(B) In any action or trial commenced under this article, the fact that the person who allegedly violated this article attended a firearm safety training course before the purchase of the firearm that is obtained by a child in violation of this article must be 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 that states, in block letters not less than one-fourth inch in height:

`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 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 OF EASY ACCESS OF A MINOR.'

(C) A person knowingly violating 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.