The bill S. 18 aims to amend the South Carolina Code of Laws by introducing Section 16-23-540, which establishes the offense of criminally negligent storage of a firearm. It defines key terms such as "child," "criminal negligence," and "secure," and outlines the responsibilities of firearm owners to prevent children from accessing readily dischargeable firearms. Under this new provision, individuals can be charged with a misdemeanor if a child gains access to a firearm due to the owner's failure to secure it or if the firearm is left in an accessible manner. The bill also provides affirmative defenses for certain situations where a child's access to the firearm is supervised or results from unlawful entry.

Penalties for violations vary, with standard offenses resulting in fines up to $1,000 or imprisonment for up to one year. However, if a child discharges the firearm and causes death or serious bodily injury, the penalties increase to fines up to $2,000 or imprisonment for up to three years. Additionally, the bill mandates that firearm retailers post a warning about the legal responsibilities regarding firearm storage and provide a written copy of this warning to purchasers. Violations of this requirement can also result in misdemeanor charges with fines ranging from $1,000 to $5,000. The act will take effect upon approval by the Governor.

Statutes affected:
12/11/2024: 16-23-540
Latest Version: 16-23-540