South Carolina General Assembly
113th Session, 1999-2000

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Bill 43


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      43
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Jackson
All Sponsors:                     Jackson, Glover, Washington, Short
Drafted Document Number:          l:\s-res\dj\002fire.kad.doc
Residing Body:                    Senate
Subject:                          Children's Firearm Accident Prevention 
                                  Act of 1999, Weapons, Minors, Crimes and 
                                  Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000317  Scrivener's error corrected
------  20000315  Scrivener's error corrected
Senate  20000314  Committee report: Favorable with       11 SJ
                  amendment
Senate  19990112  Introduced, read first time,           11 SJ
                  referred to Committee
Senate  19981118  Prefiled, referred to Committee        11 SJ


              Versions of This Bill
Revised on March 14, 2000 - Word format
Revised on March 15, 2000 - Word format
Revised on March 17, 2000 - Word format

View additional legislative information at the LPITS web site.


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

COMMITTEE REPORT

March 14, 2000

S. 43

Introduced by Senators Jackson, Glover, Washington and Short

S. Printed 3/14/00--S. [SEC 3/17/00 4:10 PM]

Read the first time January 12, 1999.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 43), to amend Title 16 of the Code of Laws of South Carolina, 1976, relating to crimes and offenses, by adding Chapter 24, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/A BILL

TO AMEND TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING CHAPTER 24, THE "CHILDREN'S FIREARM ACCIDENT PREVENTION ACT OF 2000".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 16 of the 1976 Code is amended by adding:

"Chapter 24

Children's Firearm Accident Prevention Act of 2000

Section 16-24-10. This act may be cited as the `Children's Firearm Accident Prevention Act of 2000'.

Section 16-24-20. As used in this article:

(1) 'Trigger-locking device' means a device which prevents a 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 eighteen 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 16-24-30. (A) Except as provided in Section 16-24-40, a person who keeps a loaded firearm on premises which are under his custody or control where 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 is guilty of:

(1) criminal storage of a loaded firearm in the first degree if the child obtains access to the firearm and causes death to himself, herself, or any other person;

(2) criminal storage of a loaded firearm in the second degree if the child obtains access to the firearm and causes injury to himself, herself, or any other person, but death does not occur.

(B)(1) A person who violates subsection (A)(1) is guilty of a misdemeanor, and upon conviction, must be imprisoned for not more than three years or fined not more than two thousand dollars, or both.

(2) A person who violates subsection (A)(2) is guilty of a misdemeanor, and upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both.

(C) No insurance policy issued pursuant to Title 38 shall limit or exclude coverage as a result of a conviction under the provisions of this section.

Section 16-24-40. This chapter 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 so that it can be readily retrieved;

(4) the firearm is equipped with a trigger-locking device and the device is on;

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

(8) the person is in preparation for, engaged in the act of, or returning from hunting or sport shooting, and the accident is not a result of criminal negligence, as defined in Section 50-1-85.

Section 16-24-50. (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 PERSON TO STORE OR LEAVE A LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(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 LOADED FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(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. /

Renumber sections to conform.

Amend title to conform.

EDWARD E. SALEEBY, for Committee.

A BILL

TO AMEND TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES, BY ADDING CHAPTER 24, THE "CHILDREN'S FIREARM ACCIDENT PREVENTION ACT OF 1999".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 16 of the 1976 Code is amended by adding:

"Chapter 24

Children's Firearm Accident Prevention Act of 1999

Section 16-24-10. This act may be cited as the `Children's Firearm Accident Prevention Act of 1999'.

Section 16-24-20. As used in this article:

(1) 'Trigger-locking device' means a device which prevents a 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 eighteen 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 16-24-30. (A) Except as provided in Section 16-24-40, a person who keeps a loaded firearm on premises which are under his custody or control where 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 must store the loaded firearm in a locked container.

(1) If the firearm is not stored in a locked container 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.

(2) If the firearm is not stored in a locked container 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.

(B) (1) A person who violates subsection (A)(1) is guilty of criminal storage of a firearm in the first degree and, upon conviction, must be imprisoned for not more than three years or fined not more than two thousand dollars, or both.

(2) A person who violates subsection (A)(2) is guilty of criminal storage of a firearm in the second degree and, upon conviction, must be imprisoned for not more than one year or fined not more than one thousand dollars, or both.

Section 16-24-40. This chapter 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 so that it can be readily retrieved;

(4) the firearm is equipped with a trigger-locking device and the device is on;

(5) the person is a law enforcement 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; or

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

Section 16-24-50. (A) If a person who violates this chapter 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 prosecuting the violation shall consider the impact of the injury or death on that person when deciding whether to prosecute person for the violation.

(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 violates this chapter.

Section 16-24-60. (A) If a person who violates this chapter 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 arrest of the person for the violation of this chapter shall not occur until at least seven days after the date upon which the accidental shooting occurred.

(B) In addition to the limitation contained in subsection (A), if the person to be arrested for violating this chapter is related within the third degree of consanguinity to a child who suffers serious bodily injury as a result of an accidental shooting, a law enforcement officer shall consider the health status of the injured child before arresting the person for violating this chapter.

Section 16-24-70. (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 PERSON TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN THE REACH OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(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 OR EASY ACCESS OF A CHILD UNDER THE AGE OF EIGHTEEN'.

(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.

----XX----


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