Download This Version in Microsoft Word format
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 5, TITLE 16 AS ARTICLE 1 ENTITLED "GENERAL PROVISIONS"; AND BY ADDING ARTICLE 3 TO CHAPTER 5, TITLE 16 SO AS TO ENACT THE "SELF DEFENSE ACT OF 2008" PROVIDING THAT A PERSON OR ORGANIZATION WHICH CREATES A GUN-FREE ZONE IS LIABLE FOR DAMAGES UNDER CERTAIN CIRCUMSTANCES AND TO DEFINE THE TERM "GUN-FREE ZONE".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The existing provisions of Chapter 5, Title 16 of the 1976 Code are designated as Article 1 entitled "General Provisions".
SECTION 2. Chapter 5, Title 16 of the 1976 Code is amended by adding:
Section 16-5-300. This article may be cited as the 'Self Defense Act of 2008'.
Section 16-5-310. For the purposes of this article, the term 'gun-free zone' means any building, place, area, or curtilage open to the public, or in or upon a public conveyance, where a person's right or ability to keep or bear arms is infringed, restricted, or diminished in any way by statute, policy, rule, regulation, ordinance, utterance, or posted sign.
Section 16-5-320. (A) Notwithstanding another provision of law, any person, organization, entity, or agency of state government which creates a gun-free zone is liable for damages resulting from criminal conduct which occurs against a person in the gun-free zone if a reasonable person would believe that possession of a firearm by a person in the gun-free zone could have helped the person defend against the criminal conduct.
(B) If the criminal conduct is the result of a terrorist attack, as defined by federal law, or if a disabled person, a person who is a member of a minority, as defined by federal law, a senior citizen, or a child under the age of sixteen years old is injured, the court may apply treble damages."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 3:04 P.M.