S 841 Session 123 (2019-2020) S 0841 General Bill, By Hembree
TO AMEND SECTION 16-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE CHAPTER REGARDING OFFENSES INVOLVING WEAPONS, SO AS TO ADD NECESSARY TERMS; TO AMEND ARTICLE 1, CHAPTER 23, TITLE 16, BY ADDING SECTION 16-23-25, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO SELL, OFFER TO SELL, DELIVER, LEASE, RENT, BARTER, EXCHANGE, OR TRANSPORT FOR SALE IN THIS STATE ANY HANDGUN TO A PERSON WHO IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER THE AGE OF EIGHTEEN TO POSSESS OR ATTEMPT TO POSSESS A HANDGUN WITHIN THIS STATE, AND TO PROVIDE FOR EXCEPTIONS; TO AMEND SECTION 16-23-30, RELATING TO THE UNLAWFUL CARRYING OF A HANDGUN, TO DELETE THE USE OF THE TERM "HANDGUN" AND REPLACE IT WITH "FIREARM", TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO SELL, OFFER TO SELL, DELIVER, LEASE, RENT, BARTER, EXCHANGE, TRANSPORT FOR SALE INTO THIS STATE, OR OTHERWISE DISPOSE OF ANY FIREARM TO A PERSON KNOWING OR HAVING REASONABLE CAUSE TO BELIEVE THAT THE PERSON MEETS A CERTAIN CATEGORY; TO AMEND SECTION 16-23-50, RELATING TO PENALTIES, DISPOSITION OF FINES, AND THE FORFEITURE AND DISPOSITIONS OF HANDGUNS, TO REDUCE THE PENALTY FOR A FIRST OFFENSE FIREARM VIOLATION, TO PROVIDE FOR ENHANCED PENALTIES FOR SUBSEQUENT VIOLATIONS, TO DELETE THE USE OF THE TERM "HANDGUN" AND REPLACE IT WITH "FIREARM", TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT RECEIVES A FIREARM PURSUANT TO THIS SECTION SHALL ADMINISTRATIVELY RELEASE THE FIREARM TO AN INNOCENT OWNER UNDER CERTAIN CIRCUMSTANCES; AND TO REPEAL SECTIONS 16-23-500 AND 23-31-1040 OF THE 1976 CODE. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 16-23-10 of the 1976 Code is amended to read: "Section 16-23-10. When used in this article: (1) 'Handgun' means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges. (2) 'Dealer' means any person engaged in the business of selling firearms at retail or any person who is a pawnbroker.
(10) 'Adjudicated as a mentally defective' means a determination by a court of competent jurisdiction that a person, as a result of marked subnormal intelligence, mental illness, mental incompetency, mental condition, or mental disease is a danger to himself or to others; or lacks the mental capacity to contract or manage the person's own affairs. The term includes a finding of insanity by a court in a criminal case and those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility by a criminal court. (11) 'Committed to a mental institution' means a formal commitment of a person to a mental institution by a court of competent jurisdiction. The term includes commitment to a mental institution involuntarily and commitment to a mental institution for mental defectiveness, mental illness, and other reasons, such as drug use. (12) 'Mental institution' includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals for mental retardation or mental illness, including a psychiatric ward in a general hospital. (13) 'Ammunition' means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in a firearm, other than an antique firearm. The term does not include: (a) a shotgun shot or pellet not designed for use as the single, complete projectile load for one shotgun hull or casing; or (b) an unloaded, nonmetallic shotgun hull or casing that does not have a primer. (14) 'Antique firearm' means a firearm as defined by Section 16-23-210(f). (15) 'Firearm' means a weapon that will, is designed to, or may readily be converted to, expel a projectile by the action of an explosive; the frame or receiver of the weapon; a firearm muffler or firearm silencer; or a destructive device; but the term does not include an antique firearm. (16) 'Firearm frame or receiver' means the part of a firearm that provides housing for the hammer, bolt, or breechblock and the firing mechanism and the part that is usually threaded at its forward portion to receive the barrel. (17) 'Firearm muffler or firearm silencer' means a device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in the assembly or fabrication." SECTION 2. Article 1, Chapter 23, Title 16 of the 1976 Code is amended by adding: "Section 16-23-25. (A) It is unlawful for a person to sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale in this State any handgun to a person who is under the age of eighteen, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve; National Guard; State Militia; or R. O. T. C., when on duty or training, or the temporary loan of handguns for instruction under the immediate supervision of a parent or adult instructor. (B) It is unlawful for a person who is under the age of eighteen to possess or attempt to possess a handgun within this State unless the person is under the immediate supervision of a parent or an adult instructor or unless the person is on duty or training as a member of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C." SECTION 3. Section 16-23-30 of the 1976 Code is amended to read:
"Section 16-23-30. (A) It is unlawful for a person to
(1) (2) is a fugitive from justice; (3) is an unlawful user of or addicted to any controlled substance as defined in Section 44-53-110; (4) has been adjudicated as mentally defective or who has been committed to a mental institution; (5) who, having been a citizen of the United States, has renounced his citizenship;
(6) (7) is subject to a court order that restrains the person from harassing, stalking, or threatening a household member as defined in Section 16-25-10, or the child of a household member, except that this paragraph shall only apply to a court order that: (a) was issued after a hearing of which the person received actual notice, and at which the person had the opportunity to participate; and (b) includes a finding that the person represents a credible threat to the physical safety of the household member or child; or
(a) was issued after a hearing in which the person was provided reasonable notice and had the opportunity to be heard; and (b) includes a finding that the person represents a credible threat to the physical safety of another.
(B) It is unlawful for a person enumerated in subsection (A) to possess or
(C) A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen SECTION 4. Section 16-23-50 of the 1976 Code is amended to read:
"Section 16-23-50. (A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty (2) A person violating the provisions of Section 16-23-20 and Section 16-23-25 is guilty of a misdemeanor and, upon conviction, for a first offense must be fined not more than one thousand dollars or imprisoned not more than one year, or both. For a second offense, the offender is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than three years, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(B)(1) In addition to the penalty provided in this section, the (2) A law enforcement agency that receives a firearm pursuant to this section shall administratively release the firearm to an innocent owner. The firearm must not be released to the innocent owner until the results of any legal proceedings in which the firearm may be involved are finally determined and the requirements of 17-28-300, et seq. have been met. Before the firearm may be released, the innocent owner shall provide the law enforcement agency with proof of ownership; shall certify that the innocent owner neither was a consenting party to nor had knowledge of the use of the firearm that made it subject to confiscation; and shall certify that the innocent owner will not release the firearm to the person who was charged with the violation of the section that resulted in the confiscation of the firearm. The law enforcement agency shall notify the innocent owner when the firearm is available for release. If the innocent owner fails to recover the firearm within thirty days after notification of the release, the law enforcement agency may maintain or dispose of the firearm as otherwise provided in this section." SECTION 5. Sections 16-23-500 and 23-31-1040 of the 1976 Code are repealed. SECTION 6. This act takes effect upon approval by the Governor.
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