Amend the bill, as and if amended, in Section 16-25-20, as contained in SECTION 2, by inserting a new subsection at the end to read:
/ ( ) At the time a person is convicted of violating subsection (A), the court shall inform the person that he or she is ineligible to possess firearms or ammunition or to carry a concealed weapon pursuant to Section 16-25-30. The court shall order the person to transfer any firearms owned by the person or in the person's possession to a federally licensed firearms dealer, law enforcement, or a third party in accordance with Section 16-25-35." /
Amend the bill further, as and if amended, by striking 16-25-30(D), as contained in SECTION 3, and inserting:
/ (D) At the time a person is convicted of violating the provisions of Section 16-25-20 or 16-25-65, or upon the issuance of an order of protection pursuant to Chapter 4, Title 20, the court must deliver to the person a written form that conspicuously bears the following language: 'Pursuant to the provisions of Section 16-25-30 and 18 U.S.C. Section 922, it is unlawful for a person convicted of a violation of Section 16-25-20 or 16-25-65, or a person who is subject to a valid order of protection pursuant to Chapter 4, Title 20, that was issued after a hearing at which the person had an opportunity to participate, to ship, transport, possess, or receive a firearm or ammunition.' /
Amend the bill further, as and if amended, in 16-25-65, in SECTION 4, by inserting a new subsection at the end to read:
/ ( ) At the time a person is convicted of violating subsection (A), the court shall inform the person that he or she is ineligible to possess firearms or ammunition or to carry a concealed weapon pursuant to Section 16-25-30. The court shall order the person to transfer any firearms owned by the person or in the person's possession to a federally licensed firearms dealer, law enforcement, or a third party in accordance with Section 16-25-35." /
Amend the bill further, as and if amended, by inserting appropriately numbered new SECTIONS at the end to read:
/ SECTION __. Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-35. (A) Upon a conviction for a violation of Section 16-25-20 or Section 16-25-65, the convicting court shall inform the person that he or she is ineligible to possess firearms or ammunition or to carry a concealed weapon. The court shall order the person to transfer all firearms and firearms permits for the period of time as provided by law, including concealed weapons permits, owned by the person or in the person's possession.
(B) Upon issuance of an order of protection pursuant to Chapter 4, Title 20, the court shall inform the person subject to the order that he or she is ineligible to possess firearms or ammunition or to carry a concealed weapon. The court shall order the person to transfer any firearms and firearms permits, including concealed weapons permits, owned by the person or in the person's possession until such time as the person is no longer subject to an order of protection and is otherwise eligible to possess firearms.
(C) Within seventy-two hours of being convicted of a violation under Section 16-25-20 or 16-25-65, or of being served with an order of protection pursuant to Chapter 4, Title 20, the person shall transfer all firearms owned by the person or in the person's possession to state or local law enforcement officials, to a federally licensed firearms dealer, or to a third party who does not reside with the person and who may lawfully receive firearms. Within the same time period, the person shall transfer all firearms permits, including concealed weapons permits, to law enforcement.
(D) A law enforcement agency or federally licensed firearms dealer taking possession of a firearm under this section shall issue proof of transfer to the person transferring the firearm. The proof of transfer must indicate the number of firearms transferred, the period of time for which the firearm is transferred, and must include the name of the person, the date of transfer, and the serial number, make, and model of each transferred firearm.
(E) A person who is convicted under this section must obtain from a third party taking possession of a firearm under this section an affidavit signed under oath before a notary public acknowledging the period of time for which the person is transferring the firearm to the third party or agreeing to temporarily store the person's firearm until the person is no longer ineligible to possess firearms. The affidavit must indicate the number of firearms transferred, the period of time for which the firearm was transferred, and must include the name of the person, the date of transfer, and the serial number, make, and model of each transferred firearm. The third party shall affirm in the affidavit that the third party does not reside with the person and shall acknowledge in the affidavit that the third party may be held criminally responsible under Section 16-25-40 if the person gains access to a transferred firearm while the firearm is in the custody of the third party.
(F) Within forty-eight hours of being convicted of a violation under Section 16-25-20 or 16-25-65, or of being served with an order of protection pursuant to Chapter 4, Title 20, the person shall:
(1) File a copy of the proof of transfer or third party affidavit with the court and attest that all firearms owned by the person or in the person's possession at the time of conviction have been transferred in accordance with this section and that the person currently has no firearms in his or her possession; or
(2) Attest that, at the time of conviction, or at the time the order of protection was issued, the person owned no firearms and had no firearms in his or her possession, and that the person currently owns no firearms and has no firearms in his or her possession.
(G) Upon the expiration of an order of protection, a federally licensed firearms dealer or third party shall, at the respondent's request, return any temporarily transferred firearm to the person, unless the order is extended or the person is otherwise ineligible to possess firearms under state or federal law.
(H) Federally licensed firearms dealers may charge a fee in connection with the storage of any firearm pursuant to this section, and may establish policies for the disposition of abandoned firearms.
(I) Any firearm transferred to a law enforcement agency pursuant to this section shall be considered confiscated and the law enforcement agency shall dispose of the firearm in the same manner as confiscated firearms described in Section 16-23-50(B).
(J) South Carolina Court Administration may develop a form affidavit for use pursuant to this section."
SECTION __. Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-40. (A) It is unlawful for a third party who accepts a transferred firearm pursuant to Section 16-25-35 from a person convicted of a domestic violence offense or subject to an order of protection to allow the person to obtain possession of the transferred firearm while the transferor is ineligible to possess firearms.
(B) A person who violates this section is guilty of a misdemeanor and must be fined not less than one thousand dollars nor more than two thousand five hundred dollars or imprisoned not more than ninety days or both."
SECTION __. Section 20-4-60 of the 1976 Code is amended by adding:
"(G) When the court issues an order of protection, it shall inform the person subject to the order that he or she is ineligible to possess firearms or ammunition or to carry a concealed weapon pursuant to Section 16-25-30. The court shall order the person to transfer any firearms owned by the person or in the person's possession to a federally licensed firearms dealer, law enforcement, or a third party in accordance with Section 16-25-35 until such time as the person is no longer subject to an order of protection and is otherwise eligible to possess firearms." /
Renumber sections to conform.
Amend title to conform.