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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-435 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PARENT OR GUARDIAN TO INTENTIONALLY, KNOWINGLY, OR RECKLESSLY PERMIT HIS CHILD TO POSSESS A FIREARM WHICH MAY BE USED IN VIOLATION OF THE LAW REGARDING CARRYING FIREARMS ON SCHOOL PROPERTY, TO PROVIDE A PENALTY, AND TO CREATE CIVIL LIABILITY UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-435. (A) It is unlawful for a parent or guardian to intentionally, knowingly, or recklessly permit a child under the age of eighteen to possess a firearm if he is aware of a substantial risk that the child may carry the firearm onto elementary or secondary school property in violation of the provisions of Section 16-23-430.
(B) A parent or guardian who violates the provisions of subsection (A) is guilty of misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(C) In addition to the provisions of subsection (B), a parent or guardian who violates the provisions of subsection (A) also may be held liable for civil damages for injury, death, or property damage if proximately caused by the brandishing or discharging of a firearm."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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