South Carolina Legislature


 

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S 203
Session 119 (2011-2012)


S 0203 General Bill, By Campbell and Knotts
 A BILL TO AMEND SECTION 16-23-460 OF THE 1976 CODE, RELATING TO CARRYING
 CONCEALED WEAPONS, TO PROVIDE THAT THIS SECTION SUPERSEDES AND PREEMPTS ANY
 ORDINANCE THAT RESTRICTS CARRYING CONCEALABLE WEAPONS.

   12/01/10  Senate Prefiled
   12/01/10  Senate Referred to Committee on Judiciary
   01/11/11  Senate Introduced and read first time (Senate Journal-page 95Next)
   01/11/11  Senate Referred to Committee on Judiciary
                     (Senate Journal-page Previous95)
   01/09/12  Senate Referred to Subcommittee: Knotts (ch), Massey, Coleman



S. 203

A BILL

TO AMEND SECTION 16-23-460 OF THE 1976 CODE, RELATING TO CARRYING CONCEALED WEAPONS, TO PROVIDE THAT THIS SECTION SUPERSEDES AND PREEMPTS ANY ORDINANCE THAT RESTRICTS CARRYING CONCEALABLE WEAPONS.

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

SECTION    1.    Section 16-23-460 of the 1976 Code is 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 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.

(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.

(D)    The governing body of a county, municipality, or other political subdivision shall not enact a provision restricting the carrying of a concealed weapon prohibited by subsection (A) or excluded from the application of this section by subsections (B) and (C), and any provision previously enacted is preempted and superseded and is of no force and effect."

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

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