H 3697 Session 110 (1993-1994)
H 3697 General Bill, By I.K. Rudnick and Inabinett
A Bill to amend Section 16-23-50, as amended, Code of Laws of South Carolina,
1976, relating to the penalty for the violation of certain pistol laws and
Section 23-31-190, relating to the violation of certain firearms laws, so as
to increase the penalties for violations; and to amend Section 23-31-140, as
amended, relating to applications to purchase a pistol, so as to require a
waiting period of seven days from the date of application before delivery of
the pistol to the purchaser and require the South Carolina Law Enforcement
Division to promptly conduct a search and notify the dealer if the purchaser
is ineligible to purchase the pistol.
03/11/93 House Introduced and read first time HJ-12
03/11/93 House Referred to Committee on Judiciary HJ-12
A BILL
TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR
THE VIOLATION OF CERTAIN PISTOL LAWS AND SECTION
23-31-190, RELATING TO THE VIOLATION OF CERTAIN
FIREARMS LAWS, SO AS TO INCREASE THE PENALTIES FOR
VIOLATIONS; AND TO AMEND SECTION 23-31-140, AS
AMENDED, RELATING TO APPLICATIONS TO PURCHASE A
PISTOL, SO AS TO REQUIRE A WAITING PERIOD OF SEVEN
DAYS FROM THE DATE OF APPLICATION BEFORE DELIVERY
OF THE PISTOL TO THE PURCHASER AND REQUIRE THE
SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO
PROMPTLY CONDUCT A SEARCH AND NOTIFY THE DEALER
IF THE PURCHASER IS INELIGIBLE TO PURCHASE THE PISTOL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-50 of the 1976 Code, as last amended by
Act 457 of 1988, is further amended to read:
"Section 16-23-50. (A) Any A
person, including a dealer, violating any of the provisions
who violates a provision of this article, except Section
16-23-20, is guilty of a felony and, upon conviction, must be fined not
more than two ten thousand dollars or be
imprisoned for not more than two ten years, or
both. Any A person violating the provisions
who violates a provision of Section 16-23-20 is guilty of a
misdemeanor and, upon conviction, must be fined not more than
one five thousand dollars or be imprisoned
for not more than one year five years, or both.
(B) 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.
(C) 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. 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 23-31-140(B) of the 1976 Code is amended to
read:
"(B)(1) No person is may
allowed to purchase a pistol from a dealer unless he has fully
completed the application which must be forwarded to the division
the same day it is completed. No pistol may be delivered to the
purchaser until seven days have elapsed from the date of the
application.
(2) A law enforcement agency, upon receiving the information,
shall conduct promptly a search of its records and records to which it has
access and notify the dealer within the seven-day period by telephone
and in writing if it finds that the person is ineligible under the provisions
of this article to possess a firearm. When the division notifies the dealer
that a person is ineligible under the provisions of this article to possess
a firearm, it is unlawful for the dealer to sell or deliver a pistol or
revolver to the person."
SECTION 3. Section 23-31-190 of the 1976 Code is amended to read:
"Section 23-31-190. (A) Any A
person, including a dealer, violating any of the
provisions who violates a provision of this article,
shall be deemed is guilty of a felony and, upon
conviction, shall must be fined not more than
two ten thousand dollars or be imprisoned
for not more than two ten years, or both.
(B) When a violation occurs within a municipality the fines
collected shall must be delivered to the municipality by
the clerk of court. If the violation occurs outside a municipality,
the fines shall must be delivered to the county treasurer.
(C) Any person convicted of violating the provisions of
this article, in In addition to the penalty provided
herein in this article, shall have the pistol
involved in such the violation must be
confiscated. Notwithstanding any other provisions of law, such
The pistol shall 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
shall may use them within their department, transfer
them to another law enforcement agency, or destroy them.
Records shall must be kept of all confiscated pistols
received by the law enforcement agencies under the provisions of this
article."
SECTION 4. This act takes effect upon approval by the Governor.
-----XX----- |