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H 3522

Session 125 (2023-2024)

H 3522  General Bill, By Long, Burns, Chumley, Pace, Beach and Yow
 A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-23-420,
 RELATING TO POSSESSION OF FIREARMS ON SCHOOL PROPERTY AND CONCEALED WEAPONS,
 SO AS TO DELETE THE RESTRICTIONS PLACED ON HOLDERS OF CONCEALED WEAPON PERMITS
 ON CARRYING FIREARMS ON POST-SECONDARY SCHOOL PROPERTIES, AND TO MAKE
 TECHNICAL CHANGES; AND BY AMENDING SECTION 23-31-215, RELATING TO ISSUANCE OF
 WEAPON PERMITS, SO AS TO DELETE THE RESTRICTION PLACED ON THE CARRYING OF
 WEAPONS INTO COLLEGE ATHLETIC EVENTS, TO DELETE AN OBSOLETE CODE REFERENCE,
 AND TO MAKE TECHNICAL CHANGES.

   12/15/2022  House  Prefiled
   12/15/2022  House  Referred to Committee on Judiciary
   1/10/2023  House  Introduced and read first time (House Journal-page 198)
   1/10/2023  House  Referred to Committee on Judiciary (House Journal-page 198)
   1/12/2023  House  Member(s) request name added as sponsor: Yow

VERSIONS OF THIS BILL

12/15/2022

H 3522 General Bill, By Long, Burns, Chumley, Pace, Beach and Yow

A bill

to amend the South Carolina Code of Laws by amending Section 16-23-420, relating to Possession of firearms on school property and concealed weapons, so as to DELETE THE RESTRICTIONS PLACED ON HOLDERs OF CONCEALED WEAPON PERMITs ON CARRYING FIREARMs ON POST-SECONDARY SCHOOL PROPERTies, AND TO MAKE TECHNICAL CHANGES; and by amending Section 23-31-215, relating to Issuance of weapon permits, so as to DELETE THE RESTRICTION PLACED ON THE CARRYING OF WEAPONs INTO COLLEGE ATHLETIC EVENTs, TO DELETE AN OBSOLETE CODE REFERENCE, AND TO MAKE TECHNICAL CHANGES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16-23-420(A) of the S.C. Code is amended to read:

(A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property. The provisions of contained in this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon 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. The provisions contained in this subsection related to any premises or property owned, operated, or controlled by a college, university, technical college, or other post-secondary institution do not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23.

SECTION 2. Section 23-31-215(M) of the S.C. Code is amended to read:

(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

(1) law enforcement, correctional, or detention facility;

(2) courthouse or courtroom;

(3) polling place on election days;

(4) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

(5) school or college athletic event not related to firearms;

(6) daycare facility or preschool facility;

(7) place where the carrying of firearms is prohibited by federal law;

(8) church or other established religious sanctuary, unless express permission is given by the appropriate church official or governing body;

(9) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer; or

(10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises pursuant to Sections 23-31-220 and 23-31-235. Except that a property owner or an agent acting on his behalf, by express written consent, may allow individuals of his choosing choice to enter onto property regardless of any posted sign to the contrary. A person who violates a provision of this item, whether the violation is wilful or not, only may be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this subsection.

Except as provided for in item (10), a person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

Nothing contained in this subsection may be construed to alter or affect the provisions of contained in Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.

SECTION 3. This act takes effect upon approval by the Governor.

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