Printed Page 4530, May 29
| Printed Page 4550, May 29
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Printed Page 4530, May 29
| Printed Page 4550, May 29
| "Section 16-23-20. It shall be is unlawful for anyone to carry about the person, whether concealed or not, any pistol, whether concealed or not, except as follows:
(1) Regular, salaried law enforcement officers and reserve police officers of a 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, and deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources.
(2) Members of the Armed Forces of the United States or of the National Guard, organized reserves, or the State Militia when on duty.
(3) Members of organizations authorized by law to purchase or receive firearms from the United States or this State, or regularly enrolled members of clubs organized for the purpose of target shooting or collecting modern and antique firearms while such these members are at or going to or from their places of target practice or their shows and exhibits.
(4) Licensed hunters or fishermen while engaged in hunting or fishing and or going to and or from their places of hunting or fishing.
(5) Any person regularly engaged in the business of manufacturing, repairing, repossession, or dealing in firearms, or the agent or representative of such this person while possessing, using, or carrying a pistol in the usual or ordinary course of such the business.
(6) Guards engaged in protection of property of the United States or any agency thereof.
(7) Any authorized military or civil organizations while parading or the members thereof when going to and from the places of meeting of their respective organizations.
(8) Any person in his home, or upon his real property, or fixed place of business.
(9) Any person in any a vehicle where the pistol is secured in a closed glove compartment, closed console, or closed trunk.
(10) Any person carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one's residence or the changing or moving of one's his fixed place of business.
(11) Any prison guard while engaged in his official duties.
(12) Any person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol about his person, in circumstances and under conditions set forth in such the permit.
SECTION 4. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460. Any person carrying a dirk, slingshot, metal knuckles, razor, or other deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, shall must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon so carried concealed, and must be fined in the sum of not less than two hundred dollars nor more than five hundred dollars and not less than two hundred dollars or imprisoned not less than thirty days nor more than ninety days nor less than thirty days. Nothing herein contained may be construed to apply to (1) persons carrying concealed unconcealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) to peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, or shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime."
SECTION 5. Section 16-23-465 of the 1976 Code is amended to read:
"Section 16-23-465. In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of unlawfully carrying a pistol or firearm onto the premises of 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 years, or both.
In addition to the penalties described above, a person who violates this section while carrying an unconcealed weapon pursuant to Article 4, Chapter 31, Title 23 must have his unconcealed weapon permit revoked."
SECTION 6. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into onto any premises or property owned, operated, or controlled by a private or public school, college, or university building, technical college, other post-secondary institution, or any publicly owned building, or have in his possession in the area immediately adjacent to these buildings, a firearm
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, the premises or property 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 apartments 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 thereof, 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."
SECTION 7. The 1976 Code is amended by adding:
"Section 23-31-217. Nothing in this article shall affect the provisions of Section 16-23-20."
SECTION 8. Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a weapon upon his premises.
The posting by the employer, owner, or person in legal possession or control of a sign stating "No Weapons Allowed" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that unconcealed weapons not be brought upon the premises or into the work place. A person who brings a weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the
SECTION 9. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article shall forbid prohibits any member of the General Assembly or any officer or employee or persons otherwise authorized and required to perform duties within the capitol building from performing their normal duties, including the carrying of firearms, except as may be limited by the rules of either House within their respective chambers."
SECTION 10. Section 40-17-120 of the 1976 Code is amended to read:
"Section 40-17-120. (A) Except as provided in subsection (D), the division may grant to a person licensed or registered in accordance with this chapter a permit to carry a pistol, revolver, or other firearm. Application for the permit must be made on forms provided by the division, and the fee is twenty dollars a year. The permit is for one year and application for renewal must be on a form furnished by the division. The permit is not transferable.
(B) No person may be issued a permit until he has presented to the division proof that he is proficient in the use of firearms and has received a minimum of four hours' classroom instruction.
(C) A person engaged in the private security business or registered in accordance with Section 40-17-80 and issued a permit in accordance with this section may carry a firearm in an open and fully-exposed manner only while on duty, in uniform, and going to and from work. However, the division in its discretion may issue an additional written permit to the person to carry the firearm about his person, concealed or not, even though he is not in uniform nor on duty if the division determines that the additional permit will enable the permittee to better perform his assigned duties. No additional permit may be issued to a permittee to be effective in a place where alcoholic beverages, beer, or wine are sold or consumed.
(D) Permits for carrying firearms must not be issued pursuant to this section to persons registered as private detectives. Nothing in this section prohibits a private detective from carrying an unconcealed weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23.
(E) A person licensed or registered in accordance with this chapter may, in addition to the permit issued pursuant to subsections (A) through (C) of this section, apply for a permit pursuant to Article 4, Chapter 31, Title 23."
SECTION 12. No person who holds a permit issued pursuant to this article may carry a weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
SECTION 13. Notwithstanding any other provision of this act, any requirement of or allowance for the posting of signs prohibiting the carrying of a weapon upon any premises may be satisfied by a sign expressing the prohibition in written language interdict or universal sign language.
SECTION 14. No person may carry a weapon into a motor vehicle or public or private conveyance without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have any weapons permit revoked for five years.
SECTION 15. Notwithstanding any provision of law, any person may carry an unconcealed weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
SECTION 16. Notwithstanding any other provision of law, the provisions of this article authorizing a person to carry an unconcealed weapon after issuance of a permit under this article are effective only after a favorable vote by a majority of those persons voting in a statewide referendum, which must be held at the time of the next general election. The question to be placed on the ballot must substantially read as follows: "Shall the current law authorizing the State Law Enforcement Division to issue concealed weapon permits to only those individuals who by virtue of their employment or business are regularly exposed to dangerous circumstances be retained or shall the current law be repealed and replaced with the `Law Abiding Citizens Self-Defense Act' which would require SLED to issue unconcealed weapon permits to any person who meets
SECTION 17. Section 23-31-20 of the 1976 Code is amended to read:
"Section 23-31-20. Residents A resident of any state contiguous to this State may purchase rifles and shotguns in this State; provided, such residents conform if the resident conforms to applicable provisions of statutes and regulations of this State, the United States, and of the contiguous state in which such persons reside the person resides."
SECTION 18. Section 23-31-120 of the 1976 Code is repealed.
SECTION 19. This act takes effect thirty days after approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MARTIN explained the amendment.
Rep. MARTIN spoke in favor of the amendment.
Rep. CANTY spoke against the amendment.
Rep. KLAUBER moved immediate cloture on the entire matter.
Rep. J. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Beck Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Delleney Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Hodges Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law
Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whipper, L. Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Davenport Govan Harvin Hines, J. Hines, M. Howard Inabinett Keyserling Lee Lloyd Martin McElveen McMahand McTeer Neal Rogers Scott Sheheen Wilder
So, immediate cloture was ordered.
Rep. J. YOUNG moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Allison Askins Bailey Beck Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Hodges Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Waldrop Walker Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, T. Canty Clyburn Cobb-Hunter Hines, J. Howard Inabinett Keyserling Lee Lloyd McElveen Neal Scott Whipper, L. Wilder
So, the amendment was tabled.
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.
Rep. McELVEEN proposed the following Amendment No. 3A (Doc Name P:\amend\PFM\9474AC.96), which was tabled.
Amend the bill, as and if amended, Section 23-31-215, page 6, by deleting subsection (K) and inserting:
/(K) A permit holder must have his permit identification card in his possession and visible whenever he carries a concealed weapon. SLED shall design the permit to be a distinctive color or shape so that members of the public can identify those who carry a concealed weapon as authorized in this article and to be of such size that it can practically be worn on the clothing of the permitted person. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction for the first offense, must be fined fifty dollars. Any subsequent violation of this subsection, upon conviction, results in revocation of the permit and a fine of five hundred dollars./
Renumber sections to conform.
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Rep. J. YOUNG spoke against the amendment and moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Beck Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Hutson Jennings Keegan Kinon Kirsh Klauber Knotts Koon Lanford
Law Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw Meacham Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, R. Spearman Stoddard Tripp Trotter Tucker Waldrop Walker Wells Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Anderson Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Hines, J. Howard Inabinett Keyserling Lee Lloyd Martin McElveen McMahand McTeer Neal Neilson Rogers Scott Sheheen Whipper, L.
So, the amendment was tabled.
The SPEAKER granted Rep. WILKES a temporary leave of absence.
Rep. McTEER proposed the following Amendment No. 4A (Doc Name P:\amend\DKA\3834CM.96), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Printed Page 4530, May 29
| Printed Page 4550, May 29
|