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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Gilliard and Henegan
Document Path: l:\council\bills\bh\26349cm16.docx
Introduced in the House on January 12, 2016
Currently residing in the House Committee on Judiciary
Summary: Fraudulent Firearms Purchase Prevention
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/3/2015 House Prefiled 12/3/2015 House Referred to Committee on Judiciary 1/12/2016 House Introduced and read first time (House Journal-page 61) 1/12/2016 House Referred to Committee on Judiciary (House Journal-page 61)
View the latest legislative information at the website
VERSIONS OF THIS 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 IN VIOLATION OF STATE LAW, OR KNOWINGLY PROVIDE THAT PERSON WITH MATERIALLY FALSE INFORMATION TO DECEIVE HIM ABOUT THE LEGALITY OF A TRANSFER OF A FIREARM, 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.
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:
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) '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 to transfer a firearm 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 materially false information with intent to deceive the dealer or seller about the legality of a transfer of a firearm.
(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 a law enforcement agency of South Carolina acting in his official capacity or to a person acting at the direction of a law enforcement officer certified by a law enforcement agency of South Carolina.
(F) A person who violates a provision of this section is guilty of a felony and, upon conviction for a first offense, must be imprisoned for not more than ten years and fined fifty thousand dollars, or not more than twenty years and fined fifty thousand dollars for a second or subsequent offense."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on January 13, 2016 at 12:54 PM