H 3116 Session 121 (2015-2016)
H 3116 General Bill, By Pitts, Hixon, Kennedy, Yow, Clemmons, Huggins, Gagnon,
Gambrell and Riley
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9
TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO KNOWINGLY
SOLICIT, PERSUADE, ENCOURAGE, OR ENTICE A LICENSED DEALER OR PRIVATE SELLER OF
FIREARMS OR AMMUNITION IN VIOLATION OF STATE OR FEDERAL LAW, OR KNOWINGLY
PROVIDE THAT PERSON WITH MATERIALLY FALSE INFORMATION TO DECEIVE HIM ABOUT THE
LEGALITY OF A TRANSFER OF A FIREARM OR AMMUNITION, OR WILFULLY PROCURE ANOTHER
PERSON TO ENGAGE IN CERTAIN ILLEGAL ACTIVITIES ARE GUILTY OF A FELONY, TO
PROVIDE PENALTIES, AND TO PROVIDE CERTAIN TERMS AND THEIR DEFINITIONS THAT
RELATE TO THESE OFFENSES.
12/11/14 House Prefiled
12/11/14 House Referred to Committee on Judiciary
01/13/15 House Introduced and read first time (House Journal-page 101)
01/13/15 House Referred to Committee on Judiciary
(House Journal-page 101)
03/09/15 House Member(s) request name added as sponsor: Kennedy
03/10/15 House Member(s) request name added as sponsor: Yow, Clemmons
03/17/15 House Member(s) request name added as sponsor: Huggins
03/18/15 House Committee report: Favorable with amendment
Judiciary (House Journal-page 36)
03/19/15 House Member(s) request name added as sponsor: Gagnon,
Gambrell, Riley (House Journal-page 22)
03/19/15 House Requests for debate-Rep(s). Delleney,
Bedingfield, VS Moss, Weeks, Hixon, Corley, Mack
(House Journal-page 22)
03/25/15 House Amended (House Journal-page 43)
03/25/15 House Read second time (House Journal-page 43)
03/25/15 House Roll call Yeas-100 Nays-0 (House Journal-page 45)
03/26/15 House Read third time and sent to Senate
(House Journal-page 49)
03/31/15 Senate Introduced and read first time (Senate Journal-page 7)
03/31/15 Senate Referred to Committee on Judiciary
(Senate Journal-page 7)
H. 3116
AMENDED
March 25, 2015
H. 3116
Introduced by Reps. Pitts, Hixon, Kennedy, Yow, Clemmons, Huggins, Gagnon, Gambrell and Riley
S. Printed 3/25/15--H.
Read the first time January 13, 2015.
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT CERTAIN PERSONS WHO KNOWINGLY SOLICIT, PERSUADE, ENCOURAGE, OR ENTICE A LICENSED DEALER OR PRIVATE SELLER OF FIREARMS OR AMMUNITION IN VIOLATION OF STATE OR FEDERAL LAW, OR KNOWINGLY PROVIDE THAT PERSON WITH MATERIALLY FALSE INFORMATION TO DECEIVE HIM ABOUT THE LEGALITY OF A TRANSFER OF A FIREARM OR AMMUNITION, OR WILFULLY PROCURE ANOTHER PERSON TO ENGAGE IN CERTAIN ILLEGAL ACTIVITIES ARE GUILTY OF A FELONY, TO PROVIDE PENALTIES, AND TO PROVIDE CERTAIN TERMS AND THEIR DEFINITIONS THAT RELATE TO THESE OFFENSES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Article 9
Fraudulent Firearms and Ammunition Purchase Prevention
Section 23-31-700. (A) For purposes of this section:
(1) 'Licensed dealer' means a person who is licensed pursuant to federal and state law to engage in the business of dealing in firearms.
(2) 'Private seller' means a person who sells or offers for sale any firearm or ammunition in this State.
(3) 'Ammunition' means a cartridge, shell, or projectile designed for use in a firearm.
(4) 'Materially false information' means information that portrays an illegal transaction as legal or a legal transaction as illegal.
(B) It is unlawful for a person to knowingly solicit, persuade, encourage or entice a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances which the person knows would violate the laws of this State.
(C) It is unlawful for a person to knowingly provide to a licensed dealer or private seller of firearms or ammunition materially false information with intent to deceive the dealer or seller about the legality of a transfer of a firearm or ammunition.
(D) It is unlawful for a person to wilfully procure another person to engage in conduct prohibited by this section.
(E) This section does not apply to a law enforcement officer certified by law enforcement of South Carolina acting in his official capacity or to a person acting at the direction of a law enforcement officer certified by law enforcement of South Carolina.
(F) A person who violates a provision of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, or imprisoned for not more than five years, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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