Can parents in the Carolinas be charged for not securing their guns? What the law says




  • In US
  • 2022-08-17 10:00:00Z
  • By Charlotte Observer
 

A toddler was hospitalized after being shot in the torso at an apartment in Lancaster, South Carolina on Monday, officials said.

The incident was the latest in a string of firearm incidents that have led to child injury or death.

Investigators have not released information about who the gun belonged to, the circumstances of the incident or whether charges are pending.

Since 2015, there have been at least 163 unintentional shootings by children that have resulted in injury or death in the Carolinas, according to Everytown for Gun Safety, a nonprofit that advocates against gun violence.

To safeguard against children using a firearm to harm themselves or others, most states have laws that grant prosecutors the right to charge adults for allowing unfettered access to weapons.

What North Carolina, South Carolina laws say

In North Carolina, state law says anyone who lives with a minor and stores a firearm in a place where they could gain access to it without the guardian's permission can be charged with a class 3 misdemeanor if the minor:

  • Displays the firearm in a public place in a careless, angry, or threatening manner

  • Causes personal injury or death to someone not in self-defense

  • Uses it to commit a crime

RELATED: Can North Carolina parents be charged with their kids' gun crimes?

A class 3 misdemeanor carries a maximum penalty of up to 10 days in jail and a fine of $200, according to state law.

South Carolina does not have any laws designed to prevent children from accessing firearms, meaning parents cannot be held liable if their children gain access to firearms stored in their homes, according to the Kaiser Family Foundation analysis of data compiled by the Giffords Law Center to Prevent Gun Violence.

How safe gun storage laws work in the Carolinas

Neither state has laws that require gun owners to keep their firearms locked in a secure place, according to the Kaiser Family Foundation.

However, federal law does not allow firearm dealers to sell guns to buyers who do not have secure gun storage or safety devices, according to the U.S. Department of Justice.

COMMENTS

More Related News

At Least 62 People Were Killed In Hurricane Ian, And The Death Toll Could Rise
At Least 62 People Were Killed In Hurricane Ian, And The Death Toll Could Rise

A little over 1 million people in Florida are without power as of Saturday evening.View Entire Post ›

Ian Latest: Biden Reaffirms Florida Aid as More Damage Emerges
Ian Latest: Biden Reaffirms Florida Aid as More Damage Emerges

(Bloomberg) -- Florida's hurricane damage is "likely to rank among the worst" in US history, President Joe Biden tweeted on Saturday, as Ian weakened to a...

About 1.7 million remain without power in Ian
About 1.7 million remain without power in Ian's path; storm treks through North Carolina: Live updates

The death toll rose to 27 as Ian, now a post-tropical cyclone, churned northward across central North Carolina toward Virginia. Live updates.

$100 million deli was a fraud orchestrated by NC residents, prosecutors say
$100 million deli was a fraud orchestrated by NC residents, prosecutors say
  • US
  • 2022-10-01 12:33:21Z

How does a modest deli become worth nine figures? Not through legal means, a new indictment alleges.

Four plead guilty in ballot fraud that canceled a congressional election in NC in 2018
Four plead guilty in ballot fraud that canceled a congressional election in NC in 2018
  • US
  • 2022-10-01 10:31:07Z

They participated in an illegal ballot harvesting scheme in the 9th Congressional District, which included parts of Fayetteville and Cumberland County

Leave a Comment

Your email address will not be published. Required fields are marked with *

Cancel reply

Comments

Top News: US