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SC S0018

SC S0018
Children's Access to Firearms


summary

Introduced
01/14/2025
In Committee
01/14/2025
Crossed Over
Passed
Dead

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Adding Section 16-23-540 So As To Create The Offense Of Criminally Negligent Storage Of A Firearm, Define Necessary Terms, And Establish Penalties For Violations.

AI Summary

This bill adds a new section to South Carolina law that criminalizes negligent firearm storage when a child gains access to a weapon, establishing clear definitions and penalties. The law defines a "child" as anyone under 18 and a "readily dischargeable firearm" as a loaded weapon, and it makes it an offense to fail to secure a firearm or leave it in a place where a child could easily access it. The bill creates graduated penalties, with a standard violation resulting in a misdemeanor punishable by up to $1,000 in fines or one year in jail, and a more serious penalty of up to $2,000 in fines or three years in prison if the child discharges the firearm and causes death or serious bodily injury. The law provides some affirmative defenses, such as supervised use for hunting or sporting purposes, lawful self-defense, or access gained through an unlawful entry. Additionally, the bill requires firearms retailers to post warnings about the law and provide written notice to purchasers, with violations of these requirements subject to fines between $1,000 and $5,000. Notably, for family members, law enforcement is instructed to delay arrest by seven days if the child who discharged the firearm caused harm only to themselves.

Committee Categories

Justice

Sponsors (1)

Last Action

Referred to Committee on Judiciary (on 01/14/2025)

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