COLUMBIA, S.C. — A new bill could allow law enforcement in South Carolina to seize firearms and ammunition from people who pose an “imminent risk” to themselves or others.
The bill, known as the "Red Flags Act," was filed by Senator Darrell Jackson, D- Richland. It outlines a process for law enforcement and solicitors to request a warrant from a judge to seize weapons. The state could hold guns for up to a year if the probate court deems someone an imminent risk,
"You have families whose lives have been tragically, tragicaly impacted by someone who should never have a gun, never have a weapon,” Jackson said.
It starts with a request from a solicitor or two law enforcement officers. Once they file a complaint, the judge can issue a warrant to seize their guns. Grounds for seizure could include recent threats, acts of violence toward oneself or others, or cruelty toward animals. If the judge issues a warrant, law enforcement can seize guns and ammunition immediately.
But that is only the beginning. Once the warrant is executed, the person has to have a hearing in probate court within seven days of the seizure. The judge then has a separate set of requirements to consider.
- Reckless use or brandishing of a firearm
- A history of physical force
- Having been admitted to a psychiatric hospital
- A history of substance abuse
At the hearing, the state must prove, by clear and convincing evidence, that the individual poses an imminent risk. If the state fails to meet that burden of proof, the weapons must be returned immediately. If the judge decides the person poses an imminent risk, the state will keep the firearms for up to one year. If the judge decides against it, the guns must be returned immediately.
The legislation also allows individuals to transfer ownership of their seized firearms to someone else who is legally allowed to possess them.
However, opponents of the bill, including gun rights advocates, worry the measure could overstep boundaries. Jerry Stoudemire of Gun Owners of South Carolina says the bill lacks control.
“They would go in a persons house and clean all the firearms out of it. And these are people that hunt, they fish, they carry while they are fishing too," said Stoudemire. "I don’t think the bill has a steering wheel on it. They can’t control it once they get it,” Stoudemire said.
But Jackson says the judge's determination of probable cause safeguards from that type of overreach.
"Someone just can't call and says, so-and-so needs to have your guns taken away, and someone goes and does that. It is a step by step process, and we've tried to put safeguards in it, but I am open to other safeguards for those who are concerned about an overreach," said Jackson.
Kershaw County Sheriff Lee Boan says that they typically only seize guns under specific circumstances, such as when they are stolen or used in the commission of a crime. He says they don't seize guns on the grounds of behavior.
"If they're involuntarily committed to a mental health facility or something, then a probate judge can make a determination on whether they can possess a firearm or not, and that's something that'll go on their file, where, if they go to try to purchase a gun, they'll get flagged for that. But nothing that we've ever went to somebody's house and took their guns," said Boan.
The bill will be referred to the Judiciary Committee. On January 14, lawmakers will reconvene at the State House.