H 3161 General Bill, By Sellers
 A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE CARRYING OF A HANDGUN, SO AS TO PROVIDE THAT A PERSON
 WHO HAS BEEN ISSUED A CONCEALED WEAPONS PERMIT MAY SECURE HIS WEAPON UNDER A
 SEAT IN A VEHICLE OR IN ANY OPEN OR CLOSED STORAGE COMPARTMENT WITHIN THE
 VEHICLE'S PASSENGER COMPARTMENT; AND TO AMEND SECTION 16-23-10, AS AMENDED,
 RELATING TO DEFINITIONS FOR TERMS REGARDING HANDGUNS, SO AS TO REVISE THE
 DEFINITION OF THE TERM "LUGGAGE".

   12/07/10  House  Prefiled
   12/07/10  House  Referred to Committee on Judiciary
   01/11/11  House  Introduced and read first time (House Journal-page 68)
   01/11/11  House  Referred to Committee on Judiciary
                     (House Journal-page 68)

TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OF A HANDGUN, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN ISSUED A CONCEALED WEAPONS PERMIT MAY SECURE HIS WEAPON UNDER A SEAT IN A VEHICLE OR IN ANY OPEN OR CLOSED STORAGE COMPARTMENT WITHIN THE VEHICLE'S PASSENGER COMPARTMENT; AND TO AMEND SECTION 16-23-10, AS AMENDED, RELATING TO DEFINITIONS FOR TERMS REGARDING HANDGUNS, SO AS TO REVISE THE DEFINITION OF THE TERM "LUGGAGE".

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

SECTION    1.    Section 16-23-20(9)(a) of the 1976 Code, as last amended by Act 28 of 2007, is further amended to read:

"(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. If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment; or "

SECTION    2.    Section 16-23-10(10) of the 1976 Code, as added by Act 294 of 2004, is amended to read:

"(10)    'Luggage compartment' means the trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term 'luggage compartment' refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, truck, or sport utility vehicle, the term 'luggage compartment' refers to the area behind, but not under, the rearmost seat. In a truck, the term 'luggage compartment' refers to the area behind the rearmost seat, but not under the front seat."

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