H 3547 General Bill, By Knotts, Bauer, Koon, L.H. Limbaugh, Rice and Whatley

Similar(S 332)
 A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED
 WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED
 PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO
 ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405,
 RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION
 OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A
 LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH
 CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO
 A CLERK OR COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO
 BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE
 FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT
 ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT
 OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR
 DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS
 OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.

   02/27/97  House  Introduced and read first time HJ-4
   02/27/97  House  Referred to Committee on Judiciary HJ-4
   05/07/97  House  Committee report: Favorable Judiciary HJ-29
   05/08/97  House  Read second time HJ-29
   05/08/97  House  Unanimous consent for third reading on next
                     legislative day HJ-31
   05/09/97  House  Read third time and sent to Senate HJ-2
   05/13/97  Senate Introduced and read first time SJ-12
   05/13/97  Senate Referred to Committee on Judiciary SJ-12

COMMITTEE REPORT

May 7, 1997

H. 3547

Introduced by Reps. Knotts, Bauer, Limbaugh, Rice, Koon and Whatley

S. Printed 5/7/97--H.

Read the first time February 27, 1997.

To whom was referred a Bill (H. 3547), to amend Section 16-23-50, as amended, Code of Laws of South Carolina, 1976, relating to the penalties, fines, and forfeiture procedures associated with the unlawful carrying of a pistol, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

DOUG SMITH, for Committee.

TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.

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

SECTION 1. Section 16-23-50(B) of the 1976 Code, as last amended by Section 36J, Part II, Act 497 of 1995, is further amended to read:

"(B) In addition to the penalty provided in this section, the pistol involved in the violation of this article must be confiscated. The pistol must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated pistols may use them within their department, transfer them to another law enforcement agency for their lawful use, transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500, or trade them with a retail dealer licensed to sell pistols in this State for a pistol or any other equipment approved by the agency, or destroy them. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."

SECTION 2. Section 16-23-405(2) of the 1976 Code is amended to read:

"(2) Any A person convicted of a crime, in addition to any a penalty, shall have any a weapon used in the commission or in furtherance of the crime confiscated. Each such weapon must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that received the confiscated weapons shall may use them within their departments, transfer them to another law enforcement agency for their lawful use, or transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500 trade them with a retail dealer licensed to sell pistols in this State for a pistol or other equipment approved by the agency, or destroy them. Firearms seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory."

SECTION 3. Section 23-31-180 of the 1976 Code, as last amended by Act 556 of 1990, is further amended to read:

"Section 23-31-180. 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 destroyed.

However, any a law enforcement agent agency may register and use these weapons in the line of duty for display purposes after the weapons have been rendered inoperable."

SECTION 4. Section 16-23-500 of the 1976 Code is repealed.

SECTION 5. This act takes effect upon approval by the Governor.