South Carolina General Assembly
119th Session, 2011-2012

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H. 5084

STATUS INFORMATION

General Bill
Sponsors: Rep. Pitts
Document Path: l:\council\bills\swb\5211cm12.docx

Introduced in the House on March 28, 2012
Currently residing in the House Committee on Judiciary

Summary: Penalties for unlawfully carrying a firearm

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/28/2012  House   Introduced and read first time (House Journal-page 11)
   3/28/2012  House   Referred to Committee on Judiciary 
                        (House Journal-page 11)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/28/2012

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-23-465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF CERTAIN BUSINESSES THAT SELL ALCOHOLIC BEVERAGES, SO AS TO DELETE THE REFERENCE TO PENALTIES ASSOCIATED WITH THE OFFENSES OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON AND THE UNLAWFUL CARRYING OF CERTAIN CONCEALED DEADLY WEAPONS, TO DELETE THE PROVISION THAT REVOKES THE CONCEALED WEAPONS PERMIT OF A PERSON WHO VIOLATES THIS SECTION, TO REDUCE THE PENALTY FOR A VIOLATION OF THIS PROVISION, TO PROVIDE THAT THE PENALTIES IN THIS SECTION ARE IN ADDITION TO THOSE ASSOCIATED WITH THE OFFENSES OF ENTERING A PREMISES AFTER BEING WARNED NOT TO OR FAILING TO LEAVE A PREMISES AFTER BEING ASKED TO LEAVE, AND THE UNLAWFUL CARRYING OF A CONCEALED WEAPON ONTO A PREMISES BY A PERSON WHO HAS BEEN ISSUED A CONCEALED WEAPONS PERMIT, AND TO REVISE THE CIRCUMSTANCE IN WHICH THIS SECTION APPLIES.

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

SECTION    1.    Section 16-23-465 of the 1976 Code, as last amended by Act 274 of 2002, is further 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, 16-11-620 and 23-31-220 a person convicted of carrying a pistol or firearm into 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 two years, or both, when the person:

(1)    carries a firearm into any business which sells alcoholic liquor, beer, or wine for consumption on the premises and which at the time of the offense was clearly and conspicuously posted in accordance with Section 23-31-220;

(2)    carries a firearm in any business which sells alcoholic liquor, beer, or wine for consumption on the premises and refuses to leave or to remove the firearm from the premises when asked to do so by a person legally in control of the premises; or

(3)    consumes alcohol while carrying a firearm in any business which sells alcoholic liquor, beer, or wine for consumption on the premises.

In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked."

SECTION    2.    This act takes effect upon approval by the Governor.

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