H 3567 Session 109 (1991-1992)
H 3567 General Bill, By I.K. Rudnick and L.S. Whipper
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,
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.
02/21/91 House Introduced and read first time HJ-4
02/21/91 House Referred to Committee on Judiciary HJ-4
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, 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 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 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 and it has been 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 promptly conduct 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 such person."
SECTION 3. Section 23-31-190 of the 1976 Code is amended to read:
"Section 23-31-190. Any A person,
including a dealer violating any of the provisions 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.
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.
Any A person convicted of violating the provisions
of this article, in addition to the penalty provided herein, shall have the
pistol involved in such the violation 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 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.
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