Bill > S0007

This bill establishes a new "Red Flags Act" in South Carolina that allows law enforcement or solicitors to petition a probate court for a warrant to temporarily seize firearms and ammunition from an individual who is deemed to pose an imminent risk of personal injury to themselves or others. The bill outlines a detailed process where law enforcement must conduct an independent investigation and establish probable cause before filing a complaint, with judges considering factors such as recent threats of violence, acts of cruelty to animals, history of physical force, prior involuntary psychiatric hospitalization, and substance abuse. If a warrant is issued, law enforcement can search and seize firearms, and the probate court must hold a hearing within seven days to determine whether the firearms should be returned. At the hearing, the state must prove by "clear and convincing evidence" that the person poses a risk, and if so, the firearms can be held for up to one year. The bill also provides a mechanism for the person to transfer their seized firearms to another eligible person, and mandates that the Department of Mental Health be notified if the court finds the individual poses an imminent risk. The act will take effect upon the Governor's approval.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=7&session=126&summary=B