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Current Status Bill Number:View additional legislative information at the LPITS web site.5157 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000531 Primary Sponsor:Barrett All Sponsors:Barrett Drafted Document Number:l:\council\bills\ggs\22686cm00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Pistols, unlawful to sell to person convicted of violent crime who received pardon for; Weapons, Crimes and Offenses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000531 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 16-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE, OFFER TO SELL, DELIVERY, LEASE, RENT, BARTER, EXCHANGE, OR TRANSPORT FOR SALE INTO THIS STATE OF ANY PISTOL TO CERTAIN PERSONS, AND THE UNLAWFUL PURCHASE, SALE, TRANSPORT, PAWNING, RECEIPT, OR POSSESSION OF A STOLEN PISTOL OR A PISTOL FROM WHICH THE ORIGINAL SERIAL NUMBER HAS BEEN REMOVED OR OBLITERATED, SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN BOTH CONVICTED OF A CRIME OF VIOLENCE AND RECEIVED A PARDON FOR THE CONVICTION IS SUBJECT TO THE PROVISIONS CONTAINED IN THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-30 of the 1976 Code is amended to read:
"Section 16-23-30. Notwithstanding any other provision of law, it shall be is unlawful for any a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange or transport for sale into this State any a pistol to:
(a) Any A person who has been convicted of a crime of violence in any a court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia, received a pardon for a crime of violence, or who is a fugitive from justice, or is a habitual drunkard or a drug addict, or one who has been adjudicated mentally incompetent.
(b) Any A person who is a member of a subversive organization.
(c) Any A person under the age of twenty-one, but this shall not apply to the issue of pistols to members of Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of pistols for instructions under the immediate supervision of a parent or adult instructor.
(d) Any A person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a pistol, such adjudication to be made upon application by any a police officer, or by any a prosecuting officer of this State, or sua sponte, by the court, but any a person who shall be is the subject of such an application shall be is entitled to reasonable notice and a proper hearing prior to any such adjudication.
(e) It shall be is unlawful for any a person covered in (a), (b), (c) or (d) of this section to possess or acquire pistols within this State.
(f) No person shall knowingly buy, sell, transport, pawn, receive or possess any a stolen pistol or one from which the original serial number has been removed or obliterated."
SECTION 2 This act takes effect upon approval by the Governor.
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