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S 18

Children's Access to Firearms

2025-2026 Regular Session Introduced by Brad Hutto

The bill makes it a misdemeanor to store a firearm negligently so a child can access a readily dischargeable gun, with penalties and retailer warnings.

Referred to Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · S 18

Summary — S 18: "Children's Access to Firearms"

Status: Referred to Committee on Judiciary. Introduced Feb 13, 2025; reported June 26, 2025 (see Legislative Actions). Effective upon the Governor’s approval.

Note on text: the bill text provided would add Section 16‑23‑540 to Article 5, Chapter 23, Title 16 of the South Carolina Code and creates an offense described as “criminally negligent storage of a firearm.” (The file includes other unrelated legislative text; this summary focuses on the firearms provisions.)

Purpose

To reduce juvenile access to loaded firearms by creating a criminal offense when a child gains access to a “readily dischargeable” firearm due to criminal negligence by the person responsible for the firearm, to establish penalties, and to require retailers to post and provide a warning at point of sale.

Key provisions

Definitions
- Child: person under 18 years of age.
- Criminal negligence: defined as reckless disregard of the safety of others.
- Readily dischargeable firearm: a firearm loaded with ammunition, whether or not a round is chambered.
- Secure: steps a reasonable person would take to prevent a child’s access (examples: locked container, trigger lock).
- Serious bodily injury: substantial risk of death, disfigurement, or prolonged loss/impairment of bodily function.
- Immediate family: defined broadly to include spouse, parents, children, siblings, grandparents, in‑laws, etc.

Offense
- A person commits an offense if a child gains access to a readily dischargeable firearm and the person, with criminal negligence, either:
1. failed to secure the firearm; or
2. left the firearm in a manner the person knew or should have known a child could access it.

Affirmative defenses
- Access was supervised by an adult (18+) for hunting, sporting, or other lawful purposes.
- The child’s access was for lawful self‑defense of persons or property.
- Access resulted from an unlawful entry by any person.

Penalties
- General violation: misdemeanor — fine up to $1,000 and/or imprisonment up to 1 year.
- If the child discharges the firearm causing death or serious bodily injury: misdemeanor — fine up to $2,000 and/or imprisonment up to 3 years.

Arrest delay for family
- If the person alleged to have violated the statute is an immediate family member and the child’s discharge caused the child’s death or serious injury to themself, law enforcement may not arrest the person until the seventh day after the offense.

Retailer requirements and penalty
- Firearm retailers (retail/wholesale stores) must conspicuously post a warning at each purchase counter reading in block letters at least one inch high: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR.”
- Retailers must also deliver a written copy of that warning on sale or transfer.
- Knowingly violating the retailer posting/delivery requirement is a misdemeanor punishable by a fine of not less than $1,000 and not more than $5,000.

Effective date
- The act takes effect upon approval by the Governor.

Who would be affected

  • Firearm owners and custodians whose unsecured, loaded firearms are accessed by minors.
  • Retailers and sellers of firearms (posting and notice obligations).
  • Immediate family members whose child discharges a firearm: special arrest‑delay provision affects enforcement timing.
  • Law enforcement and courts (prosecution of new misdemeanor offense).

Procedural / timeline highlights (from provided actions)

  • Prefiled: Dec 11, 2024.
  • Introduced/read first time: Jan 14, 2025; referred to Judiciary.
  • Amended Feb 25, 2025 (S18 text struck and H2026 text inserted).
  • March 3–6, 2025: Senate non‑concurred in House amendment; conference committees appointed; rules suspended.
  • Reported (committee action) as of June 26, 2025 (reported by S2545).

Notes / points for consideration

  • The statute relies on fact‑based standards (e.g., “criminal negligence,” “secure,” “should have known”), which place emphasis on circumstances and reasonable‑person assessments in enforcement and prosecution.
  • The law creates misdemeanor penalties rather than felony exposure, but includes enhanced penalties where a child’s discharge causes death or serious injury.
  • The arrest‑delay provision for immediate family cases provides a brief period before arrest in certain tragic incidents; prosecutorial charging decisions remain subject to evidence and local policy.

Compiled from official sources — confirm details with the bill’s official record.

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