S 0301 General Bill, By L.E. Richter, Cork, Elliott, Gregory, Leventis, McGill, 
Mescher, O'Dell, M.T. Rose and Setzler
 A Bill to amend Section 23-31-180, Code of Laws of South Carolina, 1976,
 relating to the classification of certain firearms as contraband, so as to
 prohibit a licensed retail firearms dealer from selling or otherwise
 possessing "armor-piercing ammunition" and to provide that such ammunition is
 declared to be contraband; to amend Section 16-23-500, relating to the
 disposition of confiscated weapons, so as to provide for the destruction of
 confiscated "armor-piercing ammunition"; and to amend Section 16-23-520,
 relating to the prohibition on the use, manufacture, possession, purchase, or
 sale of teflon-coated ammunition, so as to also include armor-piercing
 ammunition within this prohibition.

   01/10/95  Senate Introduced and read first time SJ-127
   01/10/95  Senate Referred to Committee on Judiciary SJ-127

A BILL

TO AMEND SECTION 23-31-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF CERTAIN FIREARMS AS CONTRABAND, SO AS TO PROHIBIT A LICENSED RETAIL FIREARMS DEALER FROM SELLING OR OTHERWISE POSSESSING "ARMOR-PIERCING AMMUNITION" AND TO PROVIDE THAT SUCH AMMUNITION IS DECLARED TO BE CONTRABAND; TO AMEND SECTION 16-23-500, RELATING TO THE DISPOSITION OF CONFISCATED WEAPONS, SO AS TO PROVIDE FOR THE DESTRUCTION OF CONFISCATED "ARMOR-PIERCING AMMUNITION"; AND TO AMEND SECTION 16-23-520, RELATING TO THE PROHIBITION ON THE USE, MANUFACTURE, POSSESSION, PURCHASE, OR SALE OF TEFLON-COATED AMMUNITION, SO AS TO ALSO INCLUDE ARMOR-PIERCING AMMUNITION WITHIN THIS PROHIBITION.

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

SECTION 1. Section 23-31-180 of the 1976 Code is amended to read:

"Section 23-31-180. (A) No licensed retail dealer may hold, store, handle, sell, offer for sale, or otherwise possess in his place of business a pistol or other handgun which has a die-cast, metal alloy frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit.

A pistol or other handgun possessed or sold by a dealer in violation of this article is declared to be contraband and must be forfeited to the municipality where seized or to the county where seized if outside a municipality. The weapon must be disposed of as provided by Section 16-23-500.

However, any law enforcement agent may register and use these weapons in the line of duty.

(B)(1) No licensed retail dealer may hold, store, handle, sell, offer for sale, or otherwise possess in his place of business armor piercing ammunition. Ammunition possessed or sold by a dealer in violation of this article is declared to be contraband and must be forfeited to the municipality where seized or to the county where seized if outside a municipality. The ammunition must be disposed of as provided by Section 16-23-500. However, any law enforcement agent may use this ammunition in the line of duty.

(2) The term `armor piercing ammunition' means:

(a) a projectile or projectile core which may be used in a handgun and which is constructed entirely (excluding the presence of traces of other substances) from one or a combination of tungsten alloys, steel, iron, brass, bronze, beryllium copper, depleted uranium, or polymers; or

(b) a full jacketed projectile larger than .22 caliber designed and intended for use in a handgun and whose jacket has a weight of more than 25 percent of the total weight of the projectile.

(3) The term `armor piercing ammunition' does not include shotgun shot required by federal or state environmental or game regulations for hunting purposes, a frangible projectile designed for target shooting, a projectile which SLED finds is primarily intended to be used for sporting purposes, or any other projectile or projectile core which SLED finds is intended to be used for industrial purposes, including a charge used in an oil and gas well perforating device.

(4) SLED shall recommend classification of specific projectiles as armor-piercing ammunition to the General Assembly, as appropriate."

SECTION 2. Section 16-23-500 of the 1976 Code is amended to read:

"Section 16-23-500. The clerk of court in each county and the mayor of each town and city or his designee shall keep a written record of all weapons, as defined by Section 16-23-405, or armor-piercing ammunition, as defined in Section 23-31-180, confiscated or forfeited to the custody of the clerk of court, mayor, or other municipal official. The record shall include the make, caliber, and serial number of the weapon and a notation of the legal proceeding which resulted in the confiscation or forfeiture.

At the end of each quarter the clerk of court and the mayor or his designee shall sell at public sale or by sealed bids to a dealer licensed under the provisions of Article 3 of Chapter 31 of Title 23 who is the highest bidder, after one public notice published in a newspaper of general circulation in the appropriate municipality or county, all confiscated or forfeited weapons then held by the clerk of court or the mayor. Weapons may not be sold until the results of the legal proceeding in which they are involved have been finally determined.

When the highest price offered for any weapon is less than twenty-five dollars or if it is a weapon described in Section 23-31-180, armor-piercing ammunition, as defined in Section 23-31-180, or any other weapon possession of which is unlawful, a weapon or ammunition may not be sold but must be destroyed by the official conducting the sale. Any other bid may also be rejected by the person conducting the sale if he determines the bid to be inadequate.

All public sales provided for in this section are subject to the provisions of Section 16-23-30. Proceeds of sales by clerks of court must be deposited in the general fund of the county and proceeds of sales by city or town officials must be deposited in the city or town treasury."

SECTION 3. Section 16-23-520 of the 1976 Code is amended to read:

"Section 16-23-520. It is unlawful for a person to use, transport, manufacture, possess, distribute, sell, or buy any ammunition or shells that are coated with polytetrafluoroethylene (teflon) or any armor-piercing ammunition, as defined in Section 23-31-180.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both."

SECTION 4. This act takes effect upon approval by the Governor.