Current Status Introducing Body:House Bill Number:4413 Primary Sponsor:Jennings Committee Number:27 Type of Legislation:GB Subject:Children's Firearm Education and Protection Act Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Computer Document Number:DKA/3118AL.94 Introduced Date:19940111 Last History Body:House Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Jennings Keyserling Baxley Beatty Waites Inabinett Wilkes Rudnick Jaskwhich Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4413 House 19940111 Introduced, read first time, 27
referred to Committee
4413 House 19931215 Prefiled, referred to 27
Committee
View additional legislative information at the LPITS web site.
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 EDUCATION AND PROTECTION ACT OF 1994, 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; AND BY ADDING SECTION 44-1-250 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A MULTIFACETED PROGRAM TO EDUCATE THE CITIZENS OF THIS STATE ON FIREARM PROTECTION, TO REQUIRE A REPORT TO THE GENERAL ASSEMBLY, AND TO REQUIRE IMPLEMENTATION OF THE EDUCATION PROGRAM.
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:
Section 23-31-710. This act may be cited as the `Children's Firearm Education and Protection Act of 1994'.
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, a misdemeanor. Upon conviction, the person must be imprisoned not more than three years or fined not more than three thousand dollars, or both.
(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, a misdemeanor. Upon conviction, the person must be imprisoned not more than one year or fined not more than one thousand dollars, or both.
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 minor obtains, or obtains and discharges, the firearm in a lawful act of self-defense or defense of another person;
(6) 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;
(7) the minor obtains the firearm for target or sport shooting events or hunting.
Section 23-31-750. (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 23-31-760. (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 23-31-770. (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 23-31-780. (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 LOADED 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 LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR 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. The 1976 Code is amended by adding:
"Section 44-1-250. The Department of Health and Environmental Control is directed to develop a multifaceted program for the state's citizens to educate them on the provisions of the Children's Firearm Education and Protection Act of 1994. The program should include a variety of public education activities which stress keeping guns away from children by keeping guns and ammunition locked and stored separately and out of reach of children, purchasing only guns with safety features and keeping those safety features engaged at all times, or removing guns from homes where children live and play. The public education activities recommended should include mass media campaigns, safety information available at the point of purchase for new gun owners, and gun safety courses for new gun owners. The department shall report to the General Assembly on the development of this program within three months after the passage of this act and shall implement the program promptly thereafter.
SECTION 3. Section 1 of this act takes effect on January 1, 1995, or six months after approval by the Governor, whichever occurs later, and applies to offenses occurring on or after the effective date. Section 2 of this act takes effect upon approval by the Governor.