S 681 Session 111 (1995-1996)
S 0681 General Bill, By M.T. Rose
Similar(H 3730)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 4
to Chapter 31, Title 23 so as to enact the "Law Abiding Citizens Self-Defense
Act of 1995" and to provide the requirements for the State Law Enforcement
Division to issue permits to allow certain individuals to carry concealed
weapons.
03/29/95 Senate Introduced and read first time SJ-9
03/29/95 Senate Referred to Committee on Judiciary SJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO
AS TO ENACT THE "LAW ABIDING CITIZENS
SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE
REQUIREMENTS FOR THE STATE LAW ENFORCEMENT
DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN
INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended
by adding:
"Article 4
Concealed Weapon Permits
Section 23-31-205. This article may be cited as the `Law
Abiding Citizens Self-Defense Act of 1995'.
Section 23-31-210. As used in this article:
(1) `Resident' means an individual who is a resident of South
Carolina for at least one hundred eighty days preceding the date on
which an application to carry a weapon is submitted under this
section.
(2) `Picture identification' means:
(a) a valid South Carolina driver's license; or
(b) an official photographic identification card issued by the
Department of Revenue and Taxation, a federal or state law
enforcement agency, an agency of the United States Department of
Defense, or United States Department of State.
(3) `Proof of residence' means a person's current address on the
original or certified copy of:
(a) a valid South Carolina driver's license;
(b) an official identification card issued by the Department of
Revenue and Taxation, a federal or state law enforcement agency,
an agency of the United States Department of Defense, or United
States Department of State;
(c) a voter registration card; or
(d) another document that SLED may determine that fulfills
this requirement.
(4) `Proof of training' means an original document or certified
copy of the document supplied by an applicant that certifies that he
is either:
(a) a person who, within three years before filing an
application, has completed a basic or advanced firearms education
course offered by a state, county, or municipal law enforcement
agency or a nationally recognized organization that promotes gun
safety;
(b) an instructor certified by the National Rifle Association or
another competent national organization that promotes the safe use
of firearms;
(c) a person who, within three years before filing an
application, has completed the South Carolina hunter education
course or is an instructor for this program;
(d) an active duty police firearms instructor;
(e) a person who has a competitive shooting classification;
(f) a member of the active or reserve military, or a member
of the National Guard.
(5) `Concealable weapon' means a weapon having a length of
less than twelve inches measured along its greatest dimension.
Section 23-31-215. (A) Notwithstanding another provision of
law, a permit to carry a concealable weapon must be issued by
SLED to a resident who is at least twenty-one years of age and who
is not prohibited by state law from possessing the weapon upon
submission of:
(1) a completed application signed by the person;
(2) three current one inch by one inch full face color
photographs of the person;
(3) proof of residence;
(4) proof of training; and
(5) payment of a twenty-five dollar application fee.
(B) SLED shall issue a written statement to an unqualified
applicant specifying its reasons for denying the application within
thirty days from the date the application was received, otherwise
SLED shall issue a concealable weapon permit.
(C) Denial of an application may be appealed. The appeal must
be in writing and state the basis for the appeal. The appeal must be
submitted to the Chief of SLED within thirty days from the date the
denial notice is received. The chief shall issue a written decision
within ten days from the date the appeal is received. An adverse
decision shall specify the reasons for upholding the denial and may
be reviewed by the Circuit Court.
(D) SLED shall make permit applications available to the public.
A permit application form shall require an applicant to supply:
(1) name, including maiden name if applicable;
(2) date and place of birth;
(3) sex;
(4) race;
(5) height;
(6) weight;
(7) eye and hair color;
(8) current residence address; and
(9) all residence addresses for the three years preceding the
application date.
(E) The permit application form shall require the applicant to
certify that:
(1) he is not a person prohibited under state law from
possessing a weapon;
(2) he understands the permit is revoked and must be
surrendered immediately to SLED if the permit holder becomes a
person prohibited under state law from possessing a weapon; and
(3) all information contained in his application is true and
correct to the best of his knowledge.
(F) Medical personnel, law enforcement agencies and their
personnel, who in good faith provide information regarding a
person's application, must be exempt from liability that may arise
from issuance of a permit.
(G) A permit application must be submitted in person or by mail
to SLED headquarters which shall verify the legibility and accuracy
of the required documents.
(H) SLED shall maintain a list of all permit holders and the
current status of each permit. The list of permit holders must be
treated by SLED and by all law enforcement agencies which receive
a copy of a portion of it as confidential and exempt from release
pursuant to the Freedom of Information Act request or other action
seeking to compel release in order to protect the legitimate privacy
rights of permit holders.
(I) A permit is valid statewide unless revoked because the
person has:
(1) become a person prohibited under state law from
possessing a weapon;
(2) moved his permanent residence to another state; or
(3) voluntarily surrendered the permit.
Once a permit is revoked, it must be surrendered to a sheriff,
police department, a SLED agent, or by certified mail to the Chief
of SLED.
(J) A permit holder must have the permit identification card in
possession whenever he is carrying a concealed weapon. A permit
holder must present the permit identification card to a law
enforcement office upon request when the permit holder is carrying
a concealed weapon. A permit holder immediately must report the
loss or theft of a permit identification card to SLED headquarters.
(K) SLED shall issue a replacement for lost, stolen, damaged, or
destroyed permit identification cards. A five dollar replacement fee
is charged. Change of permanent address within South Carolina
must be communicated in writing to SLED within ten days of the
change with a fee of five dollars. SLED shall then issue a new
permit with the new address. The original permit shall remain in
force until receipt of the corrected permit identification card by the
permit holder at which time it must be destroyed by the permit
holder.
(L) Possession of a permit issued under this section does not
authorize the permit holder to carry a concealed weapon into a
facility or on board an aircraft where prohibited by state or federal
law.
(M) Valid permits to carry concealed weapons held by residents
of and issued by states which honor permits issued in accordance
with this section must be honored by this State. SLED shall
maintain a list of those states with which South Carolina has
reciprocity, and shall make that list available to the public.
(N) A permit issued pursuant to this article is not required for
persons:
(1) identified in Section 16-23-20;
(2) carrying a self-defense device generally considered to be
nonlethal including the substance commonly referred to as `pepper
gas';
(3) carrying a concealable weapon in a manner not prohibited
by law."
SECTION 2. This act takes effect upon approval by the
Governor.
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