H 3085 General Bill, By H.H. Keyserling, Keegan, I.K. Rudnick, C.Y. Waites and 
J.B. Wilder
 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 application 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.

   12/12/90  House  Prefiled
   12/12/90  House  Referred to Committee on Judiciary
   01/08/91  House  Introduced and read first time HJ-60
   01/08/91  House  Referred to Committee on Judiciary HJ-61

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.

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. 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.

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.

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) 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."

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.