Reference is to Printer's Date 3/18/15.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-510.
(A) Except as provided in subsection
(D), no person, whether the person has a concealed weapons
permit or not, shall carry a handgun, whether concealed or not,
into any of the following places without the permission of the
owner or a person in control of the premises:
(1)
a police, sheriff, or highway patrol station or any other
law enforcement office or facility;
(2)
a detention facility, prison, or jail or any other
correctional facility or office;
(3)
a courthouse or courtroom;
(4)
a polling place on election day;
(5)
an office or the business meeting of the governing body of
a county, public school district, municipality, or special
purpose district;
(6)
a school or college athletic event not related to
firearms;
(7)
a place where the carrying of firearms is prohibited by
federal law; or
(8)
a daycare facility or a preschool facility.
(B) A person who
wilfully violates subsection (A) is guilty of a misdemeanor,
and, upon conviction, must be fined not less than one thousand
dollars or imprisoned not more than one year, or both, at the
discretion of the court, and shall have any permit issued to him
under Article 4, Chapter 31 revoked for five years.
(C) When carrying a
handgun, whether concealed or not, a person must inform a law
enforcement officer of the fact he is carrying a handgun when an
officer:
(1)
initiates an investigatory stop of the person including,
but not limited to, a traffic stop;
(2)
identifies himself as a law enforcement officer; and
(3)
requests identification or a driver's license from the
person.
(D) The provisions of
subsection (A) do not apply to peace officers in the actual
discharge of their duties."
SECTION 2. Section 16-23-20 of the 1976 Code, as last amended by Act 123 of 2014, is further amended to read:
"(A) It is
unlawful for anyone to carry about the person any handgun,
whether concealed or not, except as follows, unless
otherwise specifically prohibited by law: with the
intent to use the handgun unlawfully against another person. The
intent to use a handgun unlawfully against another person shall
not be inferred from the mere possession, carrying, or
concealment of the handgun, whether it is loaded or
unloaded.
(B) No
person shall carry a handgun off of any real property the person
occupies as a resident, owner, or lessee if the person is under
twenty-one years of age or carries the handgun in a manner that
openly exposes it to common observation, with the following
exceptions:
(1)
regular, salaried law enforcement officers, and reserve
police officers of a state agency, 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, deputy
enforcement officers of the Natural Resources Enforcement
Division of the Department of Natural Resources, and retired
commissioned law enforcement officers employed as private
detectives or private investigators;
(2)
members of the Armed Forces of the United States, the
National Guard, organized reserves, or the State Militia when on
duty;
(3)
members, or their invited guests, of organizations
authorized by law to purchase or receive firearms from the
United States or this State or regularly enrolled members, or
their invited guests, of clubs organized for the purpose of
target shooting or collecting modern and antique firearms while
these members, or their invited guests, are at or going to or
from their places of target practice or their shows and
exhibits;
(4)
licensed hunters or fishermen who are engaged in hunting
or fishing or going to or from their places of hunting or
fishing while in a vehicle or on foot;
(5)
a person regularly engaged in the business of
manufacturing, repairing, repossessing, or dealing in firearms,
or the agent or representative of this person, while possessing,
using, or carrying a handgun in the usual or ordinary course of
the business;
(6)
guards authorized by law to possess handguns and engaged
in protection of property of the United States or any agency of
the United States;
(7)
members of authorized military or civil organizations
while parading or when going to and from the places of meeting
of their respective organizations;
(8)
a person in his home or upon his real property or
a person who has the permission of the owner or the
person in legal possession or the person in legal control of
the a home or real property;
(9)
a person in a vehicle if the handgun is:
(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 weapon 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
(b)
concealed on or about his person, and he has a valid
concealed weapons permit pursuant to the provisions of Article
4, Chapter 31, Title 23;
(10)
a person carrying a handgun unloaded and in a secure
wrapper from the place of purchase to his home or fixed
place of business or while in the process of changing or moving
one's residence or changing or moving one's fixed place of
business;
(11)
a prison guard while engaged in his official duties;
(12)
a person who is granted a permit under provision
of law by the State Law Enforcement Division to carry a handgun
about his person, under conditions set forth in the permit,
and while transferring the handgun between a place
of concealment on or about the permittee's
person and a location specified in item (9);
(13)
the owner or the person in legal possession or the
person in legal control of a fixed place of business, while at
the fixed place of business, and the employee of a fixed place
of business, other than a business subject to Section 16-23-465,
while at the place of business; however, the employee may
exercise this privilege only after: (a) acquiring a permit
pursuant to item (12), and (b) obtaining a person
who has obtained the permission of the owner or person in
legal control or legal possession of the premises;
(14)
a person engaged in firearms-related activities while on
the premises of a fixed place of business which
conducts, as a regular course of its business,
activities related to sale, repair, pawn, firearms training, or
use of firearms, unless the premises is posted with a
sign limiting possession of firearms to holders of permits
issued pursuant to item (12);
(15)
a person while transferring a handgun directly from or to
a vehicle and a location specified in this section where one may
legally possess the handgun.
(16)
Any any person on a motorcycle
when the pistol is secured in a closed saddlebag or other
similar closed accessory container attached, whether permanently
or temporarily, to the motorcycle.;
(17)
a person who possesses or exposes the handgun
while in justified defense of self, property, or another; or
(18)
a person who is over twenty-one years old or who
is carrying in accordance with subitem (9)(b) of this section
and who inadvertently exposes to another person a handgun in a
holster or other retention device that the person intended to
keep concealed on or about his person."
SECTION 4. Section 16-23-420 of the 1976 Code, as last amended by Act 32 of 2009, is further amended to read:
"Section 16-23-420.
(A) It is unlawful for a person to
knowingly possess a firearm of any kind on any premises
or property owned, operated, or controlled by a private or
public school, college, university, technical college, other
post-secondary institution, or in any publicly owned building,
without the express permission of the authorities in charge of
the premises or property. The provisions of this subsection
related to any premises or property owned, operated, or
controlled by a private or public school, college, university,
technical college, or other post-secondary institution, do not
apply to a person who is authorized to carry a concealed weapon
pursuant to Article 4, Chapter 31, Title 23 when the weapon
firearm that remains concealed from common
observation inside an attended or locked motor vehicle and
is 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
either possessed by a person with a valid permit issued
pursuant to Article 4, Chapter 31 or is not loaded and in a
locked container or a locked firearms rack that is in or on the
motor vehicle. The provisions of this section related to
publicly owned buildings do not apply to any portion of the
property leased to an individual or a business or to the
occupants or invitees of such leased premises during reasonable
ingress to or egress from the leased premises.
(B) It is unlawful for
a person to enter the threaten other persons
with a firearm on 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 an apartment 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 of them, 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.
(F) This section does
not apply to a person who is authorized to carry concealed
weapons pursuant to Article 4, Chapter 31 of Title 23 when upon
any premises, property, or building that is part of an
interstate highway rest area facility."
SECTION 5. Section 16-23-430 of the 1976 Code, as last amended by Act 32 of 2009, is further amended to read:
"Section 16-23-430.
(A) It shall be unlawful for any
person, except state, county, or municipal law enforcement
officers or personnel authorized by school officials, to carry
on his person, while on any elementary or secondary school
property, a knife, with a blade over two inches long, a
blackjack, a metal pipe or pole, firearms, or any other type of
weapon, device, or object which may be used to inflict bodily
injury or death.
(B) This section does
not apply to a person who is authorized to carry a concealed
weapon pursuant to Article 4, Chapter 31, Title 23 when the
weapon that remains concealed from common
observation inside an attended or locked motor vehicle and
is 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
and, in the case of a firearm, is either possessed by a
person with a valid permit issued pursuant to Article 4, Chapter
31 or is not loaded and in a locked container or a locked
firearm rack that is in or on the motor vehicle.
(C) A person who
violates the provisions of this section is guilty of a felony
and, upon conviction, must be fined not more than one thousand
dollars or imprisoned not more than five years, or both. Any
weapon or object used in violation of this section may be
confiscated by the law enforcement division making the
arrest."
SECTION 6. Section 16-23-460 of the 1976 Code, as last amended by Act 337 of 2008, is further amended to read:
"Section 16-23-460.
(A) A person carrying a deadly weapon
usually used for the infliction of personal injury concealed
about his person with the intent to use the weapon unlawfully
against another person is guilty of a misdemeanor, must
forfeit to the county, or, if convicted in a municipal court, to
the municipality, the concealed weapon, and must be fined not
less than two hundred dollars nor more than five hundred dollars
or imprisoned not less than thirty days nor more than ninety
days. The intent to use a weapon unlawfully against another
person shall not be inferred by the mere possession, carrying,
or concealment of the weapon, including the possession, carrying
or concealment of a loaded or unloaded firearm. In the case of
handguns, violations shall be determined by the provisions
contained in Section 16-23-20(A).
(B) The provisions of
this section do not apply to:
(1)
A person carrying a concealed weapon upon his own premises
or pursuant to and in compliance with Article 4, Chapter 31 of
Title 23; or
(2)
peace officers in the actual discharge of their duties.
(C) The provisions of
this section also do not apply to rifles, shotguns, dirks,
slingshots, metal knuckles, knives, or razors unless they are
used with the intent to commit a crime or in furtherance of a
crime."
SECTION 7. Section 16-23-465 of the 1976 Code, as last amended by Act 123 of 2014, is further amended to read:
"Section 16-23-465.
(A) 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,
Sections 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.
(B)(1) This section
does not apply to a person carrying a concealable weapon
pursuant to and in compliance with Article 4, Chapter 31, Title
23; however, the person shall not consume alcoholic liquor,
beer, or wine while carrying the concealable weapon on the
business' premises. A person who violates this item may be
charged with a violation of subsection (A).
(2)
A property owner, holder of a lease interest, or operator
of a business may prohibit the carrying of concealable weapons
into the business by posting a "NO CONCEALABLE WEAPONS
ALLOWED" sign in compliance with Section 23-31-235. A
person who carries a concealable weapon into a business with a
sign posted in compliance with Section 23-31-235 may be charged
with a violation of subsection (A).
(3)
A property owner, holder of a lease interest, or operator
of a business may request that a person carrying a concealable
weapon leave the business' premises, or any portion of the
premises, or request that a person carrying a concealable weapon
remove the concealable weapon from the business' premises, or
any portion of the premises. A person carrying a concealable
weapon who refuses to leave a business' premises or portion of
the premises when requested or refuses to remove the concealable
weapon from a business' premises or portion of the premises when
requested may be charged with a violation of subsection
(A)."
SECTION 8. Section 23-31-215 of the 1976 Code, as last amended by Act 123 of 2014, is further amended to read:
"(A)
Notwithstanding any other provision of law, except
subject to subsection (B), SLED must issue a
permit, which is no larger than three and one-half inches by
three inches in size, to carry a concealable weapon to a
resident or qualified nonresident who is at least twenty-one
years of age and who is not prohibited by state law from
possessing the weapon upon submission of:
(1)
a completed application signed by the person;
(2)
a photocopy of a driver's license or photographic
identification card;
(3)
proof of residence or if the person is a qualified
nonresident, proof of ownership of real property in this
State;
(4)
proof of actual or corrected vision rated at 20/40 within
six months of the date of application or, in the case of a
person licensed to operate a motor vehicle in this State,
presentation of a valid driver's license;
(5)
proof of training;
(6)
payment of a fifty-dollar application fee. This fee must
be waived for disabled veterans and retired law enforcement
officers; and
(7)
a complete set of fingerprints unless, because of a
medical condition verified in writing by a licensed medical
doctor, a complete set of fingerprints is impossible to submit.
In lieu of the submission of fingerprints, the applicant must
submit the written statement from a licensed medical doctor
specifying the reason or reasons why the applicant's
fingerprints may not be taken. If all other qualifications are
met, the Chief of SLED may waive the fingerprint requirements of
this item. The statement of medical limitation must be attached
to the copy of the application retained by SLED. A law
enforcement agency may charge a fee not to exceed five dollars
for fingerprinting an applicant.
(B) Upon submission of
the items required by subsection (A), SLED must conduct or
facilitate a local, state, and federal fingerprint review of the
applicant. SLED also must conduct a background check of the
applicant through notification to and input from the sheriff of
the county where the applicant resides or if the applicant is a
qualified nonresident, where the applicant owns real property in
this State. The sheriff within ten working days after
notification by SLED, may submit a recommendation on an
application. Before making a determination whether or not to
issue a permit under this article, SLED must consider the
recommendation provided pursuant to this subsection. If the
fingerprint review and background check are favorable, SLED must
issue the permit.
(C) SLED shall issue a
written statement to an unqualified applicant specifying its
reasons for denying the application within ninety days from the
date the application was received; otherwise, SLED shall issue a
concealable weapon permit. If an applicant is unable to comply
with the provisions of Section 23-31-210(4), SLED shall offer
the applicant a handgun training course that satisfies the
requirements of Section 23-31-210(4). The course shall cost
fifty dollars. SLED shall use the proceeds to defray the
training course's operating costs. If a permit is granted by
operation of law because an applicant was not notified of a
denial within the ninety-day notification period, the permit may
be revoked upon written notification from SLED that sufficient
grounds exist for revocation or initial denial.
(D) Denial of an
application may be appealed. The appeal must be in writing and
state the basis for the appeal. The appeal must be submitted to
the Chief of SLED within thirty days from the date the denial
notice is received. The chief shall issue a written decision
within ten days from the date the appeal is received. An adverse
decision shall specify the reasons for upholding the denial and
may be reviewed by the Administrative Law Court pursuant to
Article 5, Chapter 23, Title 1, upon a petition filed by an
applicant within thirty days from the date of delivery of the
division's decision.
(E) SLED must make
permit application forms available to the public. A permit
application form shall require an applicant to supply:
(1)
name, including maiden name if applicable;
(2)
date and place of birth;
(3)
sex;
(4)
race;
(5)
height;
(6)
weight;
(7)
eye and hair color;
(8)
current residence address; and
(9)
all residence addresses for the three years preceding the
application date.
(F) The permit
application form shall require the applicant to certify
that:
(1)
he is not a person prohibited under state law from
possessing a weapon;
(2)
he understands the permit is revoked and must be
surrendered immediately to SLED if the permit holder becomes a
person prohibited under state law from possessing a weapon;
and
(3)
all information contained in his application is true and
correct to the best of his knowledge.
(G) Medical personnel,
law enforcement agencies, organizations offering handgun
education courses pursuant to Section 23-31-210(4), and their
personnel, who in good faith provide information regarding a
person's application, must be exempt from liability that may
arise from issuance of a permit; provided, however, a weapons
instructor must meet the requirements established in Section
23-31-210(4) in order to be exempt from liability under this
subsection.
(H) A permit
application must be submitted in person, by mail, or online to
SLED headquarters which shall verify the legibility and accuracy
of the required documents. If an applicant submits his
application online, SLED may continue to make all contact with
that applicant through online communications.
(I) SLED must maintain
a list of all permit holders and the current status of each
permit. SLED may release the list of permit holders or verify an
individual's permit status only if the request is made by a law
enforcement agency to aid in an official investigation, or if
the list is required to be released pursuant to a subpoena or
court order. SLED may charge a fee not to exceed its costs in
releasing the information under this subsection. Except as
otherwise provided in this subsection, a person in possession of
a list of permit holders obtained from SLED must destroy the
list.
(J) A permit is valid
statewide unless revoked because the person has:
(1)
become a person prohibited under state law from possessing
a weapon;
(2)
moved his permanent residence to another state and no
longer owns real property in this State;
(3)
voluntarily surrendered the permit; or
(4)
been charged with an offense that, upon conviction, would
prohibit the person from possessing a firearm. However, if the
person subsequently is found not guilty of the offense, then his
permit must be reinstated at no charge.
Once a permit is revoked, it must be
surrendered to a sheriff, police department, a SLED agent, or by
certified mail to the Chief of SLED. A person who fails to
surrender his permit in accordance with this subsection is
guilty of a misdemeanor and, upon conviction, must be fined
twenty-five dollars.
(K) A permit
holder must have his permit identification card in his
possession whenever he carries a concealable weapon. When
carrying a concealable weapon pursuant to Article 4, Chapter 31,
Title 23, a permit holder must inform a law enforcement officer
of the fact that he is a permit holder and present the permit
identification card when an officer:
(1) identifies himself as a law enforcement officer; and
(2) requests identification or a driver's license from a permit
holder.
A permit holder immediately must report the
loss or theft of a permit identification card to SLED
headquarters. A person who violates the provisions of this
subsection is guilty of a misdemeanor and, upon conviction, must
be fined twenty-five dollars.
(L) SLED shall issue a
replacement for lost, stolen, damaged, or destroyed permit
identification cards after the permit holder has updated all
information required in the original application and the payment
of a five-dollar replacement fee. Any change of permanent
address must be communicated in writing to SLED within ten days
of the change accompanied by the payment of a fee of five
dollars to defray the cost of issuance of a new permit. SLED
shall then issue a new permit with the new address. A permit
holder's failure to notify SLED in accordance with this
subsection constitutes a misdemeanor punishable by a twenty-five
dollar fine. The original permit shall remain in force until
receipt of the corrected permit identification card by the
permit holder, at which time the original permit must be
returned to SLED.
(M) A permit
issued pursuant to this section does not authorize a permit
holder to carry a concealable weapon into a:
(1) law enforcement, correctional, or detention facility;
(2) courthouse or courtroom;
(3) polling place on election days;
(4) office of or the business meeting of the governing body of a
county, public school district, municipality, or special purpose
district;
(5) school or college athletic event not related to
firearms;
(6) daycare facility or preschool facility;
(7) place where the carrying of firearms is prohibited by
federal law;
(8) church or other established religious sanctuary unless
express permission is given by the appropriate church official
or governing body;
(9) hospital, medical clinic, doctor's office, or any other
facility where medical services or procedures are performed
unless expressly authorized by the employer; or
(10) place clearly marked with a sign prohibiting the carrying
of a concealable weapon on the premises pursuant to Sections
23-31-220 and 23-31-235. Except that a property owner or an
agent acting on his behalf, by express written consent, may
allow individuals of his choosing to enter onto property
regardless of any posted sign to the contrary. A person who
violates a provision of this item, whether the violation is
wilful or not, only may be charged with a violation of Section
16-11-620 and must not be charged with or penalized for a
violation of this subsection.
Except as provided for in item (10), a person who wilfully
violates a provision of this subsection is guilty of a
misdemeanor and, upon conviction, must be fined not less than
one thousand dollars or imprisoned not more than one year, or
both, at the discretion of the court and have his permit revoked
for five years.
Nothing contained in this subsection may be
construed to alter or affect the provisions of Sections
10-11-320, 16-23-420, 16-23-430, 16-23-465, 16-23-510
44-23-1080, 44-52-165, 50-9-830, and
51-3-145, unless specifically provided for in this
section.
(N) Valid out-of-state
permits to carry concealable weapons held by a resident of
a reciprocal state another state must be
honored by this State, provided, that the reciprocal
state requires an applicant to successfully pass a criminal
background check and a course in firearm training and safety. A
resident of a reciprocal state carrying a concealable weapon in
South Carolina is subject to and must abide by the laws of South
Carolina regarding concealable weapons. SLED shall maintain and
publish a list of those states as the states with which South
Carolina has reciprocity.
(O) A permit issued
pursuant to this article is not required for a
person:
(1) specified in Section 16-23-20,
items (1) through (5) and items (7) through (11);
(2) carrying a
self-defense device generally considered to be nonlethal
including the substance commonly referred to as "pepper
gas"; or
(3) carrying a
concealable weapon in a manner not prohibited by law.
(P) Upon renewal, a
permit issued pursuant to this article is valid for five years.
Subject to subsection (Q), SLED shall renew a currently valid
permit upon:
(1)
payment of a fifty-dollar renewal fee by the applicant.
This fee must be waived for disabled veterans and retired law
enforcement officers;
(2)
completion of the renewal application; and
(3)
picture identification or facsimile copy thereof.
(Q) Upon submission of
the items required by subsection (P), SLED must conduct or
facilitate a state and federal background check of the
applicant. If the background check is favorable
reveals no information which would be disqualifying under the
provisions of this section, SLED must renew the permit.
(R) No provision
contained within this article shall expand, diminish, or affect
the duty of care owed by and liability accruing to, as may exist
at law immediately before the effective date of this article,
the owner of or individual in legal possession of real property
for the injury or death of an invitee, licensee, or trespasser
caused by the use or misuse by a third party of a concealable
weapon. Absence of a sign prohibiting concealable weapons shall
not constitute negligence or establish a lack of duty of
care.
(S) At least thirty
days before a permit issued pursuant to this article expires,
SLED shall notify the permit holder by mail or online if
permitted by subsection (H) at the permit holder's address of
record that the permit is set to expire along with notification
of the permit holder's opportunity to renew the permit pursuant
to the provisions of subsections (P) and (Q).
(T) During the first
quarter of each calendar year, SLED must publish a report of the
following information regarding the previous calendar year:
(1)
the number of permits;
(2)
the number of permits that were issued;
(3)
the number of permit applications that were denied;
(4)
the number of permits that were renewed;
(5)
the number of permit renewals that were denied;
(6)
the number of permits that were suspended or revoked;
and
(7)
the name, address, and county of a person whose permit was
revoked, including the reason for the revocation pursuant to
subsection (J)(1).
The report must include a breakdown of such information by
county.
(U) A concealable
weapon permit holder whose permit has been expired for no more
than one year may not be charged with a violation of Section
16-23-20 but must be fined not more than one hundred
dollars."
SECTION 9. Section 23-31-220 of the 1976 Code is amended to read:
"Section 23-31-220.
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, including a person who is licensed under this
article, from carrying a concealable 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 of private property to allow or
prohibit the carrying of a concealable weapon, including a
person who possesses a concealable weapons permit, upon his
premises.
The posting by the employer, owner, or
person in legal possession or control of a sign stating 'No
Concealable Weapons Allowed' shall constitute notice to a
person, including a person holding a permit issued
pursuant to this article, that the employer, owner, or
person in legal possession or control requests that concealable
weapons not be brought upon the premises or into the work place.
A person who brings a concealable 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 provisions of this
paragraph must have his any permit
issued to him pursuant to this article revoked for a
period of one year. The prohibition contained in this section
does not apply to persons specified in Section 16-23-20,
item (1) peace officers engaged in the lawful
performance of their official duties."
SECTION 10. Section 23-31-225 of the 1976 Code is amended to read:
"Section 23-31-225. No person, including a person who holds a permit issued pursuant to Article 4, Chapter 31, Title 23, may carry a concealable 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, nor may any person remain on the premises while in possession of the weapon if asked by the owner or person who is in legal control or possession of the premises to leave or to remove the weapon from the premises. 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 11. Section 23-31-180 of the 1976 Code is repealed.
SECTION 12. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 13. This act
takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.