Bill
H 3596
The Kingston Act creates criminal penalties for leaving unsecured firearms where a child can access them or allowing a child to use a firearm without direct supervision, aiming to
Note on source materials
- The packet you provided contains two different bill texts: (a) a short Massachusetts amendment about local/regional cultural council term limits, and (b) a full draft South Carolina statute titled the “Kingston Act” concerning access to firearms by children. This summary focuses on the Kingston Act (Access to Firearms by Children), because its substantive text matches the bill title.
Purpose and intent
- The Kingston Act is intended to reduce firearm deaths and injuries involving minors by (1) defining safe-supervision expectations when children handle firearms, (2) creating criminal offenses for leaving firearms unsecured where children can access them, and (3) creating offenses for permitting children to use firearms without required supervision. The bill affirms recognition of lawful supervised firearms training/hunting and cites the state constitutional right to bear arms.
Key definitions (selected)
- Child: a person 17 years of age or younger.
- Firearm: broadly defined to include weapons that expel a projectile by explosive action, frames/receivers, silencers, and destructive devices.
- Responsible adult: age 18+, not under influence, not impaired or institutionalized, not prohibited from possessing firearms by federal/state law or court order, not on probation/parole, not on sex-offender registries, and not listed on the child-abuse registry.
- Direct supervision: a responsible adult physically present with continual, undistracted involvement while the child has the firearm. Exception: children 14+ using rifles/shotguns in agriculture/forestry or during lawful hunts may be supervised by an adult who is available if needed even if not physically present.
- Physically present: within 10 yards outdoors; within arm’s reach indoors.
- Unsecured firearm: a firearm not secured by a locked disabling device, safe, or lock box. (Zip ties, rope, etc., do not qualify as secure.)
Offenses and penalties — graduated scheme
1. Unsecured firearm (leaving an unsecured firearm where a child could access it)
- Third degree: child displays/discharges firearm causing reasonable fear → misdemeanor, up to 1 year.
- Second degree: child discharges firearm causing bodily injury → felony, up to 20 years.
- First degree: child discharges firearm causing death → felony, up to 30 years.
- The fact a child could access the unsecured firearm is prima facie evidence of violation.
Exceptions and limits
- The bill expressly preserves lawful supervised uses (hunting, shooting sports, agricultural work) under the direct-supervision framework; the text also contains a section beginning “Nothing in this article may be construed…” but that portion is truncated in the provided draft, so additional statutory limits/clarifications may exist in the full draft.
Who would be affected
- Parents, guardians, household members, and other adults who possess firearms or permit children to use them; firearms owners generally (storage practices); hunters and agricultural families (subject to the direct-supervision exception); law enforcement, prosecutors, and courts (new criminal enforcement and sentencing exposures).
Procedural status / timeline (from supplied materials)
- Prefiled: 12/12/2024.
- Filed/Introduced (initial filing entries reference 12/12/2024 and 1/14/2025).
- Referred to Committee on Judiciary (12/12/2024; entry also shows 1/14/2025 referral).
- Hearing scheduled: 10/21/2025 (01:00 PM–05:00 PM, room B-2) per the docket entry.
- Note: some docket entries in the packet reference other committees and a different Massachusetts bill; verify the correct jurisdiction and docketing with the legislative clerk for the authoritative status.
Potential impacts to consider
- Could materially change safe-storage practices by creating criminal liability tied to child access and outcomes (fear, injury, death).
- The broad disqualifications for “responsible adult” could limit who may legally supervise child firearm use.
- Large potential penalties (felony exposure up to 20–30 years) may raise questions about proportionality and prosecutorial discretion.
- The law explicitly protects supervised, traditional uses (hunting, shooting sports), but enforcement will hinge on interpretation of “direct supervision” and evidentiary standards (e.g., the prima facie provision regarding access).
If you want, I can:
- Produce a side‑by‑side comparison of this draft with current South Carolina law on child access/storage,
- Identify similar statutes in other states for precedent, or
- Draft a plain‑language advisement for gun owners and parents summarizing compliance steps.
Compiled from official sources — confirm details with the bill’s official record.
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