H*3592 Session 107 (1987-1988)
H*3592(Rat #0549, Act #0492 of 1988) General Bill, By E.C. Stoddard
A Bill to amend Section 23-31-140, Code of Laws of South Carolina, 1976,
relating to the requirements for the purchase of a pistol, so as to provide
certain exceptions and to authorize a law enforcement agency or licensed
private security company to purchase more than one pistol during a thirty-day
period provided certain conditions are met; to amend Section 23-31-330,
relating to the application required for the possession of a machine gun,
sawed-off shotgun, or rifle, so as to exempt from the permit and registration
process a governmental entity which has a significant public safety
responsibility for the protection of life or property; and to repeal Section
23-31-195, relating to the application for and issuance of a pistol
collector's license.-amended title
01/21/88 House Introduced and read first time HJ-486
01/21/88 House Referred to Committee on Labor, Commerce and
Industry HJ-486
03/09/88 House Committee report: Favorable Labor, Commerce and
Industry HJ-1825
03/16/88 House Amended HJ-2145
03/16/88 House Objection by Rep. Koon, Bennett & K. Bailey HJ-2147
03/17/88 House Objection withdrawn by Rep. Koon & K. Bailey HJ-2171
03/17/88 House Debate adjourned until Wednesday, March 23, 1988
HJ-2171
03/23/88 House Amended HJ-2248
03/23/88 House Read second time HJ-2252
03/24/88 House Read third time and sent to Senate HJ-2339
03/24/88 Senate Introduced and read first time SJ-12
03/24/88 Senate Referred to Committee on Judiciary SJ-12
04/13/88 Senate Committee report: Favorable with amendment
Judiciary SJ-64
04/14/88 Senate Amended SJ-199
04/14/88 Senate Read second time SJ-200
04/19/88 Senate Read third time SJ-36
04/19/88 Senate Returned SJ-36
04/21/88 House Concurred in Senate amendment and enrolled HJ-3159
04/28/88 Ratified R 549
05/02/88 Signed By Governor
05/02/88 Effective date 05/02/88
05/02/88 Act No. 492
05/24/88 Copies available
(A492, R549, H3592)
AN ACT TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE REQUIREMENTS FOR THE PURCHASE OF A PISTOL, SO AS TO PROVIDE
CERTAIN EXCEPTIONS AND TO AUTHORIZE A LAW ENFORCEMENT AGENCY OR LICENSED PRIVATE
SECURITY COMPANY TO PURCHASE MORE THAN ONE PISTOL DURING A THIRTY-DAY PERIOD
PROVIDED CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 23-31-330, RELATING TO THE
APPLICATION REQUIRED FOR THE POSSESSION OF A MACHINE GUN, SAWED-OFF SHOTGUN, OR
SAWED-OFF RIFLE, SO AS TO EXEMPT FROM THE PERMIT AND REGISTRATION PROCESS A
GOVERNMENTAL ENTITY WHICH HAS A SIGNIFICANT PUBLIC SAFETY RESPONSIBILITY FOR THE
PROTECTION OF LIFE OR PROPERTY; AND TO REPEAL SECTION 23-31-195 RELATING TO THE
APPLICATION FOR AND ISSUANCE OF A PISTOL COLLECTOR'S LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
Repeal
SECTION 1. Section 23-31-195 of the 1976 Code is repealed.
Application
SECTION 2. Section 23-31-330 of the 1976 Code is amended to read:
"Section 23-31-330. (A) Every person permitted by Section 23-31-320 to
possess a machine gun, or sawed-off shotgun or sawed-off rifle, and any person
elected to or appointed to any office or position which entitles the person to
possess a machine gun, or sawed-off shotgun or sawed-off rifle, upon taking
office, shall file with the State Law Enforcement Division on a blank to be
supplied by the division on request an application which is properly sworn. The
application must be approved by the sheriff of the county in which the applicant
resides or has his principal place of business and include the applicant's name,
residence and business address, physical description, whether or not ever charged
or convicted of any crime, municipal, state, or otherwise, and where, if charged,
and when it was disposed of. The applicant shall also give a description,
including the serial number and make, of the machine gun, or sawed-off shotgun
or sawed-off rifle, which he possesses or desires to possess. The State Law
Enforcement Division shall file the application in its office. The division
shall register the applicant together with the information required in the
application in a book or index to be kept for that purpose, assign to him a
number, and issue to him a card which shall bear the signature of the applicant
and which he shall keep with him while he has the machine gun, or sawed-off
shotgun or sawed-off rifle, in his possession. This registration must be made
on the date application is received and filed with the division. The
registration expires on December thirty-first of the year in which the license
is issued.
(B) No permit or registration required by the provisions of this section is
required where weapons are possessed by a governmental entity which has a
significant public safety responsibility for the protection of life or
property."
Application
SECTION 3. Section 23-31-140 of the 1976 Code is amended to read:
"Section 23-31-140. (A) Prior to the purchase of a pistol, the purchaser
shall complete an application in triplicate in the presence of the dealer. The
application to be furnished by the division must contain the applicant's (1)
name;
(2) residence and business address; (3) date and place of birth; (4) social
security number; (5) South Carolina driver's license number or South Carolina
Department of Highways and Public Transportation identification card number; (6)
physical description; (7) fingerprint card and photograph of applicant if
applicant does not have items (4) and (5); (8) a signed sworn statement by the
applicant that he is not within any classification set forth in item (a), (b),
(c), or (d) of Section 16-23-30, and that he has not purchased a pistol within
the previous thirty days; (9) the signatures of applicant and the dealer; (10)
and such other personal identifying information as may be required by the
division.
(B) No person is allowed to purchase a pistol from a dealer unless he has
fully completed the application.
(C) No person is allowed to purchase more than one pistol on each application
and no person is allowed to purchase more than one pistol during each thirty-day
period.
(D) The provisions of subsection (C) do not apply to (1) a law enforcement
agency provided that the conditions of subsection (E) are met, (2) an agency duly
authorized to perform law enforcement duties, (3) county and municipal penal
facilities and the State Department of Corrections, (4) a private security
company licensed to do business within this State, or (5) a person whose pistol
is stolen or irretrievably lost and who feels that it is essential that he
immediately purchase a pistol may obtain a special permit which will enable him
to purchase a pistol upon his sworn affidavit to the chief of police, or his
designated agent, of the municipality in which the applicant resides or if the
applicant resides outside the corporate limits of a municipality, to the sheriff,
or his designated agent, of the county in which the applicant resides. This
affidavit must cite the facts and reasons why the applicant cannot wait for a
thirty-day period to purchase a pistol. This special permit must contain such
information as required by the division and must be on a form furnished by the
division. The issuing officer shall retain a copy of the permit and forward a
copy to the Division. The application must be signed by the dealer effecting the
sale and must contain such information as may be required by the division.
(E) A law enforcement agency or a private security company licensed under the
provisions of Title 40, Chapter 17, may purchase more than one pistol during a
thirty-day period as long as the following conditions are met:
(1) the pistols purchased are for use in this State;
(2) ownership of the pistols is retained by the law enforcement agency or
licensed security company;
(3) multiple purchases under this provision must be made on a special
application form to be provided by the division;
(4) the multiple purchase form is signed by the chief of the law enforcement
agency or the chief executive officer of the licensed private security company,
whose name appears on the company license;
(5) the number of pistols purchased may not exceed the number of security
guards registered under the provisions of Title 40, Chapter 17, and employed in
this State;
(6) a letter of authorization, in triplicate, signed by the agency director,
company representative, or their designees, certifying the purchaser to be a
representative of the agency or company with delegated authority to purchase
pistols for the agency or company. The letter of authorization must contain such
information as may be required by the division.
(F) No person is allowed to purchase a pistol from a dealer unless he is a
resident of this State. For the purpose of this article, the possession of a
valid South Carolina driver's
license or Department of Highways and Public Transportation identification card
constitutes proof of residency.
(G) Upon proper completion of the application the dealer shall submit the
original application to the division, retain a copy for his records, and give a
copy to the applicant upon his purchase of a pistol. The application to be
submitted to the division must be accompanied by a firearm transaction record
properly completed by the purchaser and the dealer.
For purposes of this section, the purchase of a pistol does not include the
redeeming of a pistol by its owner after it has been pledged to secure a
loan."
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |