South Carolina General Assembly
110th Session, 1993-1994

Bill 720


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    720
Primary Sponsor:                Cork
Committee Number:               11
Type of Legislation:            GB
Subject:                        Children's Firearm Protection
                                Act of 1993
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       DKA/4578AL.93
Introduced Date:                19930421
Last History Body:              Senate
Last History Date:              19930421
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Cork
                                Glover
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

720   Senate  19930421      Introduced, read first time,    11
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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; AND TO AMEND CHAPTER 32, TITLE 59, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, BY ADDING SECTION 59-32-25 SO AS TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP AND IMPLEMENT A GUN SAFETY PROGRAM FOR SCHOOLS.

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. Chapter 32, Title 59 of the 1976 Code is amended by adding:

"Section 59-32-25. In addition to the comprehensive health education program, the department shall develop a gun safety program for public health for implementation in the schools of this State."

SECTION 3. This act takes effect upon approval by the Governor.

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