South Carolina H 3596: Access to firearms by children

Bill Text

2025-2026 Bill 3596 Text of Previous Version (Dec. 12, 2024) - South Carolina Legislature Online 

 South Carolina General Assembly
126th Session, 2025-2026

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS by enacting "THE KINGSTON ACT" BY ADDING ARTICLE 6 TO CHAPTER 23, TITLE 16 SO AS TO TITLE THE ARTICLE "ACCESS TO FIREARMS BY CHILDREN," DEFINE NECESSARY TERMS, AND TO CREATE THE OFFENSES OF UNSECURED FIREARM AND UNSUPERVISED CHILD FIREARM USE AND PROVIDE GRADUATED PENALTIES FOR VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "The Kingston Act."

SECTION 2. Chapter 23, Title 16 of the S.C. Code is amended by adding:

Article 6

Access to Firearms by Children

 Section 16-23-610. (A) It is the intent of the General Assembly to recognize that historically parents and guardians of children in this State have supervised and trained children in the safe use of firearms for hunting, shooting sports, and self defense.

 (B) The General Assembly finds that:

 (1) Section 20, Article I of the South Carolina Constitution, 1895, guarantees the right of the people to bear arms, and this right shall not be infringed;

 (2) firearm deaths and injuries involving minors are frequently caused by a lack of responsible adult supervision;

 (3) children should be allowed to access firearms while under the direct supervision of a responsible adult; and

 (4) adults who fail to supervise children who have access to firearms should be held accountable for this failure.

 Section 16-23-620. As used in this article, the term:

 (1) "Firearm" means:

 (a) any weapon, including a starter gun, which will, or is designed to or may readily be converted to, expel a projectile by the action of an explosive;

 (b) the frame or receiver of any such weapon;

 (c) any firearm muffler or firearm silencer; or

 (d) any destructive device.

 (2) "Destructive device" means:

 (a) any explosive, incendiary, or poison gas;

 (b) any type of weapon by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one half inch in diameter; and

 (c) any combination of parts either designed or intended for use in converting any device into any destructive device described in subitem (a) or (b) and from which a destructive device may be readily assembled.

 (3) "Responsible adult" means a person eighteen years of age or older who:

 (a) is not under the influence of drugs, alcohol, or some combination of the two;

 (b) is not impaired in the ability to adequately provide for his own care;

 (c) is not a resident of a nursing care facility, community residential care facility, psychiatric hospital, or any residential program operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs;

 (d) is not prohibited from possessing a firearm pursuant to the Gun Control Act of 1968;

 (e) is not prohibited from possessing a firearm pursuant to South Carolina law;

 (f) is not prohibited from possessing a firearm as a result of an order of protection, bond condition, sentencing order, or other court order;

 (g) is not on state or federal probation or parole;

 (h) is not on the National Sex Offender Registry;

 (i) is not on the sex offender registry in this State or any other state; and

 (j) is not on the Central Registry and Database of Child Abuse and Neglect.

 (4) "Direct supervision" means supervision provided by a responsible adult who is physically present with the child and who maintains continual and undistracted involvement with the child while the child is in possession of a firearm. However, if a child is fourteen years of age or older and is in possession of a rifle or shotgun while working in agriculture or forestry or during the course of a lawful hunt, then 'direct supervision' means supervision provided by a responsible adult who is available if and when needed even if not physically present.

 (5) "Physically present" means within ten yards of the child if outdoors and within arms reach of the child if indoors.

 (6) "Unsecured firearm" means a firearm that is not secured by a locked:

 (a) device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device; or

 (b) safe, gun safe, lock box, or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only be means of a key, a combination, or other similar means. Zip ties, rope, string, bands, cords, and wire do not meet this definition.

 (7) "Locked" or "lock" means the utilization of a mechanism that ensures a firearm cannot be used or accessed without utilizing the appropriate key, combination, or other similar