Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "South Carolina Constitutional Carry Act of 2013".
SECTION 2. Section 10-11-320(B) of the 1976 Code is amended to read:
"(B) This section does not apply to a person who possesses a concealable weapons' permit pursuant to Article 4, Chapter 31, Title 23 firearm and is authorized to park on the capitol grounds or in the parking garage below the capitol grounds. The firearm must remain in an attended vehicle or locked in the person's vehicle while on or below the capitol grounds and must be stored in a place in the vehicle that is not readily accessible to any person upon entry to or below the capitol grounds."
SECTION 3. Section 16-23-20 of the 1976 Code is amended to read:
"Section 16-23-20. (A) It is unlawful for anyone a person to carry about the person any a handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
(1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;
(2) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;
(3) members, or their invited guests, of organizations authorized by law to purchase or receive firearms from the United States or this State or regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits;
(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;
(5) a person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;
(6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States;
(7) members of authorized military or civil organizations while parading or when going to and from the places of meeting of their respective organizations;
(8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;
(9) a person in a vehicle if the handgun is:
(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance; or
(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;
(10) a person carrying a handgun unloaded and in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving one's residence or changing or moving one's fixed place of business;
(11) a prison guard while engaged in his official duties;
(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee's person and a location specified in item (9);
(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;
(14) a person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);
(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.
(16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.
(1) with the intent to commit a crime of violence. The intent to commit a crime of violence must not be inferred from the mere possession, carrying, or concealment of a loaded or unloaded handgun;
(2) into a:
(a) private residence of another person;
(b) law enforcement office or facility. A person may carry a handgun into a restroom that is part of a law enforcement facility, provided that the restroom does not allow public access to the law enforcement offices;
(c) jail or correctional office or facility;
(d) courthouse or courtroom;
(e) polling place on election days;
(f) office, facility, or business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(g) school or college athletic event not related to firearms;
(h) daycare or pre-school office or facility;
(i) church or other established religious sanctuary; or
(j) medical office or facility;
unless expressly authorized by a person with the apparent authority to give authorization;
(3) upon a private property owner's premises, if the owner or person in legal possession or control requests that handguns not be brought upon the premises or visible handguns not be brought upon the premises and posts the appropriate signs pursuant to subsection (C); or
(4) upon a public or private business or work place's premises, or while using machinery, vehicles, or equipment owned or operated by a public or private business or work place, if the owner or person in legal possession or control requests that handguns not be brought upon the premises or visible handguns not be brought upon the premises and posts the appropriate signs pursuant to subsection (C).
(B) The following persons may carry a handgun, whether concealed or not, anywhere within this State when carrying out the duties of their office:
(1) active Supreme Court justices;
(2) active court of appeals judges;
(3) active circuit court judges;
(4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges;
(7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges;
(11) active solicitors and assistant solicitors;
(12) active workers' compensation commissioners; and
(13) regular, salaried law enforcement officers and reserve police officers of an agency, municipality, or county of this State, uncompensated Governor's constables, law enforcement officers of the federal government or other states while in this State, and deputy enforcement officers of the Department of Natural Resources' Enforcement Division.
(C)(1) If the owner or person in legal possession or control of a private property as described in subsection (A)(3) or the owner or person in legal possession or control of a public or private business or work place as described in subsection (A)(4) requests that handguns not be brought upon the premises or that visible handguns not be brought upon the premises, the owner or person in legal possession or control shall conspicuously post signs as provided in this subsection.
(2) Signs must be posted at each entrance into a building where a person is prohibited from carrying a handgun and must:
(a) be clearly visible from outside the building;
(b) be eight inches wide by twelve inches tall in size;
(c) contain the words 'NO HANDGUNS ALLOWED' or 'NO VISIBLE HANDGUNS ALLOWED' in black one-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;
(d) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty-five degree angle from the horizontal; and
(e) be placed not less than forty inches nor more than sixty inches above the bottom of the building's entrance door.
(3) If the premises where handguns are prohibited does not have doors, the signs must:
(a) be thirty-six inches wide by forty-eight inches tall in size;
(b) contain the words 'NO HANDGUNS ALLOWED' or 'NO VISIBLE HANDGUNS ALLOWED' in black three-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;
(c) contain a black silhouette of a handgun inside a circle thirty-four inches in diameter with a diagonal line that is two inches wide and runs from the lower left to the upper right at a forty-five degree angle from the horizontal;
(d) be placed not less than forty inches nor more than ninety-six inches above the ground; and
(e) be posted in sufficient quantities to be clearly visible from any point of entry onto the premises.
(4) The posting of signs prohibiting the carrying of handguns pursuant to this subsection and concealable weapons pursuant to Section 23-31-235 may be accomplished by signs that contain the words 'NO HANDGUNS OR CONCEALABLE WEAPONS ALLOWED' provided the signs comply with the remaining requirements of this section and Section 23-31-235.
(D) This section must not be construed to expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately before the effective date of this section, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a handgun. Absence of a sign prohibiting handguns must not constitute negligence or establish a lack of duty of care."
SECTION 4. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to possess a firearm of any kind:
(1) on any a premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution,; or
(2) in any a publicly owned building,
without the express permission of the authorities in charge of the premises, or property, or building. The provisions of this subsection related to any a premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, Subitem (A)(1) do does not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 possesses a firearm,
when the weapon firearm remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle.
(B) It is unlawful for a person to enter the premises, or property, or building described in subsection (A) and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony, and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.
(E) For purposes of this section, the terms 'premises' and 'property' do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic.
(F) This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 possesses a firearm, when upon any premises, or property, or in a building, that is part of an interstate highway rest area facility."
SECTION 5. Section 16-23-430(B) of the 1976 Code is amended to read:
"(B) This section does not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 possesses a firearm, when the weapon firearm remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle."
SECTION 6. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460. (A) A person carrying a deadly weapon usually used for the infliction of personal injury concealed about his the person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality, the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days.
(B) The provisions of this This section do does not apply to:
(1) A a person carrying a concealed weapon upon his own the person's premises or pursuant to and in compliance with Article 4, Chapter 31 of Title 23; or
(2) peace officers in the actual discharge of their the peace officers' duties.
(C) The provisions of this This section also do does not apply to handguns, rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime of violence or in furtherance of a crime of violence."
SECTION 7. Section 16-23-465 of the 1976 Code is amended to read:
"Section 16-23-465. (A) In addition to the penalties provided for by Sections 16-11-330, 16-11-620, and 16-23-460, 23-31-220, and by Article 1, of Chapter 23, of Title 16, a person convicted of consuming alcoholic liquor, beer, or wine while carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor, and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three two years, or both.
In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked."
SECTION 8. Section 16-23-500 of the 1976 Code is amended to read:
"Section 16-23-500. (A) It is unlawful for a person who has been convicted of a violent crime, as defined by Section 16-1-60, that is classified as a felony offense, to possess a firearm or ammunition within this State.
(B) It is unlawful for a person who is convicted of a crime punishable by imprisonment for a term exceeding one year to possess a handgun or handgun ammunition within this State. This subsection does not apply to offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or similar offenses relating to the regulation of business practices, or a misdemeanor offense punishable by a term of imprisonment of two years or less.
(C) A person who violates the provisions of this section is guilty of a felony, and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(C)(D) In addition to the penalty provided in this section, the firearm or ammunition involved in the violation of this section must be confiscated. The firearm or ammunition must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated firearm or ammunition may use it the firearm or ammunition within the agency, transfer it the firearm or ammunition to another law enforcement agency for the lawful use of that agency, trade it the firearm or ammunition with a retail dealer licensed to sell firearms or ammunition in this State for a firearm, ammunition, or any other equipment approved by the agency, or destroy it the firearm or ammunition. A firearm or ammunition must not be disposed of in any manner until the results of any legal proceeding in which it the firearm or ammunition may be involved are finally determined. If the State Law Enforcement Division SLED seized the firearm or ammunition, the division SLED may keep the firearm or ammunition for use by its SLED's forensic laboratory. Records must be kept of all confiscated firearms or ammunition received by the law enforcement agencies under the provisions of pursuant to this section.
(D)(E) The judge that hears the case involving the violent offense, as defined by Section 16-1-60, that is classified as a felony offense, shall make a specific finding on the record that the offense is a violent offense, as defined by Section 16-1-60, and is classified as a felony offense."
SECTION 9. Section 51-3-145(G) of the 1976 Code is amended to read:
"(G) Possessing any a firearm, airgun air gun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns air guns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons, provided that such the firearms are unloaded and carried in a case or the trunk of a vehicle. except that in In designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. This subsection shall does not apply to a person carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, and the concealable weapon handgun and its ammunition."
SECTION 10. Section 51-13-80(A) of the 1976 Code is amended to read:
"(A) A person who enters Riverbanks Park property may shall not, without express permission of the executive director:
(1) frighten, annoy, kill, injure, feed or attempt to frighten, annoy, kill, injure, or feed a mammal, bird, reptile, amphibian, or other animal in the zoo or gardens;
(2) display advertising matter by signs or distribute advertising matter within the park area;
(3) sell or offer for sale goods, wares, services, or merchandise within the park area;
(4) use boisterous, insulting, or profane language or conduct himself behave in a disorderly, lewd, obscene, or lascivious manner in the park area;
(5) enter a portion of the park which is designated as restricted, enter an area during the hours of the day when the area is not open to the public, or enter the park or recreation area which is closed. The executive director shall post the hours during which the area is open to the public;
(6) keep, permit, or bring a mammal, bird, reptile, amphibian, or other animal, domestic or wild, in a zoo or garden area unless permitted by the Parks Service Animal Guidelines and approved by the executive director;
(7) carry on or about his person or discharge a gun, pistol, or firearm of any kind, including an air gun, bow and arrow, or dangerous weapon within or across the park, which does not apply to a person licensed to carry a concealed weapon unless the person discharges the firearm in defense of the person or other persons, or carry on or about the person a bow and arrow or dangerous weapon, except a firearm, within or across the park;
(8) wade, swim, fish, or boat within an area of the zoo or garden not so designated;
(9) drive or propel a vehicle in, over, or through the park area except in areas designated for driving or park purposes;
(10) operate a motor vehicle in the park area at a speed in excess of the posted speed limit;
(11) use the park or its recreation areas, grounds, or facilities to either perform or allow the performance of the following acts, unless the activity is authorized, permitted, or supervised by the executive director or his the executive director's designees:
(a) wilfully mark, deface, disfigure, injure, tamper with, or displace, or remove buildings, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines, or other public utilities or parts or appurtenances, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts, or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal;
(b) throw, discharge, or otherwise place, or cause to be placed in the waters of a fountain, pond, lake, stream, bay, or other body of water in or adjacent to the park or a tributary, stream, storm sewer, or drain flowing into these waters any a substance, matter, or things, liquid or solid, which will or may result in the pollution of these waters;
(c) dig or remove soil, rock, stones, trees, shrubs, or plants, down-timber, or other wood or materials, or make an excavation by tool, equipment, blasting, or other means, except that digging must be permitted in areas designated for this purpose;
(d) damage, cut, carve, transplant, or remove a tree or plant, injure the bark or pick the flowers or seeds of a tree or plant, or attach a rope, wire, or other contrivance to a tree or plant. A person may not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of an area;
(e) bring in, or dump, deposit, or leave bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse, or other litter, or place refuse or litter in waters in or contiguous to the park, or anywhere on the grounds, other than in the proper receptacles, where provided;
(f) endanger the safety of a person by conduct or act, prevent a person from using the park or its facilities, or interfere with use in compliance with this section;
(g) build or attempt to build a fire, except at places specifically designated for this purpose or as permitted by the park. A person may not drop, throw, or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper, or other inflammable material within the park;
(h) possess or consume alcoholic beverages, beer, or wine; provided, however, alcoholic beverages, beer, or wine, must be allowed:
(i) when possession and consumption is specifically authorized by the executive director and the event organizer obtains a permit or license if required by the South Carolina Department of Revenue for the possession or consumption of alcoholic beverages, beer, or wine at the event; or
(ii) at private functions, authorized by the executive director, for which the South Carolina Department of Revenue does not require a permit or license for the possession or consumption of alcoholic beverages, beer, or wine;
(i) possess, explode, discharge, or ignite fireworks unless specifically permitted by the park;
(j) park or leave automobiles, trucks, bicycles, unicycles, tricycles, scooters, mopeds, motorcycles, motorbikes, motorized carts, or other motorized vehicles in areas not specifically designated for that purpose or other than at unauthorized times; and
(k) vend, sell, peddle, or offer for sale a commodity or article, except sales conducted by or specifically permitted by the executive director."
SECTION 11. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.