H*2597(Rat #0394, Act #0367 of 1986)  General Bill, By R. Schwartz and 
C.L. Griffin
 A Bill to amend Section 16-23-50, as amended, Code of Laws of South Carolina,
 1976, relating to pistols, so as to change the word pistols to weapons and to
 permit the law enforcement agency to trade a confiscated weapon with a retail
 dealer licensed in this State for a weapon approved by the agency.

   03/14/85  House  Introduced and read first time HJ-1291
   03/14/85  House  Referred to Committee on Judiciary HJ-1291
   03/06/86  House  Recalled from Committee on Judiciary HJ-1341
   03/10/86  House  Amended HJ-1372
   03/10/86  House  Read second time HJ-1372
   03/11/86  House  Read third time and sent to Senate HJ-1391
   03/12/86  Senate Introduced, read first time, placed on calendar
                     without reference SJ-997
   03/25/86  Senate Read second time SJ-1176
   03/25/86  Senate Ordered to third reading with notice of
                     amendments SJ-1176
   04/03/86  Senate Read third time and enrolled SJ-1429
   04/09/86         Ratified R 394
   04/11/86         Signed By Governor
   04/11/86         Effective date 04/11/86
   04/11/86         Act No. 367
   04/17/86         Copies available

AN ACT TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PISTOLS, SO AS TO CHANGE THE WORD PISTOLS TO WEAPONS AND TO PERMIT THE LAW ENFORCEMENT AGENCY TO TRADE A CONFISCATED WEAPON WITH A RETAIL DEALER LICENSED IN THIS STATE FOR A WEAPON APPROVED BY THE AGENCY.

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

Penalty

SECTION 1. Section 16-23-50 of the 1976 Code is amended to read:

"Section 16-23-50. Any person including a dealer violating any of the provisions of this article is guilty of a felony and upon conviction must be fined not more than two thousand dollars or be imprisoned for not more than two years, or both. Any person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or be imprisoned for not more than one year, or both.

When a violation occurs within a municipality the fines collected must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines must be delivered to the county treasurer.

Any person convicted of violating the provisions of this article, in addition to the penalty provided herein, shall have the weapon involved in the violation confiscated. Notwithstanding any other provisions of law, the 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 receive the confiscated weapons may use them within their department, transfer them to another law enforcement agency, trade them with a retail dealer licensed to sell weapons in this State for a weapon approved by the agency, or destroy them. Records must be kept of all confiscated weapons received by the law enforcement agencies under the provisions of this article."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.