S 872 Session 109 (1991-1992)
S 0872 General Bill, By T.W. Mitchell
A Bill to amend Section 23-31-140, Code of Laws of South Carolina, 1976,
relating to application and restrictions to purchase a pistol, so as to
require a fingerprint card and photograph of all applicants, provide a
seven-day waiting period from date of application to date of purchase, and
require law enforcement authorities to check for felony criminal convictions
and report to the dealer within the seven-day period.
04/10/91 Senate Introduced and read first time SJ-7
04/10/91 Senate Referred to Committee on Judiciary SJ-7
A BILL
TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO APPLICATION AND
RESTRICTIONS TO PURCHASE A PISTOL, SO AS TO REQUIRE
A FINGERPRINT CARD AND PHOTOGRAPH OF ALL
APPLICANTS, PROVIDE A SEVEN-DAY WAITING PERIOD
FROM DATE OF APPLICATION TO DATE OF PURCHASE, AND
REQUIRE LAW ENFORCEMENT AUTHORITIES TO CHECK FOR
FELONY CRIMINAL CONVICTIONS AND REPORT TO THE
DEALER WITHIN THE SEVEN-DAY PERIOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-31-140 of the 1976 Code is amended to
read:
"Section 23-31-140. (A) Prior to the purchase of
Before purchasing 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(a), (b), (c), or (d), and
that he has not purchased a pistol within the previous thirty days;
(9) the signatures of applicant signature and
the dealer dealer's signature; and
(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 and seven days have elapsed
from the date of 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.
The person may obtain a special permit which will
to 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 The special permit must contain
such the 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 the 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 the 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 immediately 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 The division must search all
federal and state files and records to determine if the applicant is a
person falling within the classifications set forth in Section 16-23-30.
The division shall issue a report of its findings to the dealer within seven
days of the date of the application. The report must be kept with the
dealer's copy of the application. If the report reveals that the applicant
is within a classification listed in Section 16-23-30, a pistol may not be
sold to him. A firearm transaction record properly completed by the
purchaser and the dealer must be submitted to the division upon
completion of the sales transaction.
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."
SECTION 2. This act takes effect upon approval by the Governor.
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