Criminally negligent storage of firearms
If enacted, this bill could significantly impact state laws regarding firearm storage and safety. It requires gun owners to take reasonable steps to secure firearms from minors, introducing heightened responsibilities for firearm owners. The law establishes a misdemeanor penalty structure, where negligently failing to secure firearms can result in fines up to $1,000 and up to one year of imprisonment, escalating to $2,000 and up to three years for cases where a child discharges the firearm and causes injury or death. This move aligns with growing concerns over gun safety, particularly regarding children and firearms.
House Bill 3587 proposes to amend the South Carolina Code of Laws by introducing the offense of criminally negligent storage of a firearm. This legislation seeks to hold individuals responsible if a child gains access to a readily dischargeable firearm due to the individual's failure to secure it properly. This bill clearly defines key terms, including what constitutes a 'child' and 'criminal negligence', and outlines the necessary precautions an individual must take to prevent minors from accessing firearms. Furthermore, the bill establishes penalties for those who violate its provisions, with fines and potential imprisonment for varying degrees of negligence.
While the intent of HB 3587 is to enhance firearm safety, there may be points of contention among legislators and the public. Some advocates for gun rights may view the bill as an unnecessary restriction that could criminalize responsible gun ownership practices. Additionally, the provisions may be criticized for their potential implications on personal responsibility and the definition of negligence. Moreover, the affirmative defenses provided in the bill could spark debates regarding accountability, particularly in cases where access to the firearm was gained due to unlawful entry or legitimate supervision.