S*332 Session 112 (1997-1998)
S*0332(Rat #0347, Act #0297 of 1998) General Bill, By Hayes
Similar(H 3547)
A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED
WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED
PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, TO ALLOW
A CONFISCATED PISTOL TO BE DESTROYED BY THE LAW ENFORCEMENT AGENCY THAT
CONFISCATED THE WEAPON, AND TO PROVIDE THAT A WEAPON MUST NOT BE DISPOSED OF
IN ANY MANNER UNTIL A FINAL DETERMINATION OF ANY LEGAL PROCEEDING IT MAY BE
INVOLVED IN IS ISSUED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION
OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE
COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY
THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO
NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A
MAYOR FOR DISPOSAL, TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED BY THE LAW
ENFORCEMENT AGENCY THAT CONFISCATED THE WEAPON, AND TO PROVIDE THAT A WEAPON
MUST NOT BE DISPOSED OF UNTIL A FINAL DETERMINATION OF ANY LEGAL PROCEEDING IT
MAY BE INVOLVED IN IS ISSUED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING
TO THE FORFEITURE AND DESTRUCTION OF PISTOLS OR HANDGUNS DECLARED TO BE
CONTRABAND, SO AS TO PROVIDE THAT THESE WEAPONS MUST BE FORFEITED TO OR SEIZED
BY A MUNICIPAL OR COUNTY LAW ENFORCEMENT AGENCY, TO NOT ALLOW THESE WEAPONS TO
BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE
THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED AFTER A FINAL DETERMINATION
OF ANY LEGAL PROCEEDING THEY MAY BE INVOLVED IN IS ISSUED; TO REPEAL SECTION
16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL
CONFISCATED OR FORFEITED WEAPONS; AND TO ADD SECTION 23-31-240 SO AS TO
PROVIDE THAT CERTAIN ACTIVE JUDGES, SOLICITORS, ASSISTANT SOLICITORS, AND
WORKERS' COMPENSATION COMMISSIONERS WHO POSSESS A VALID CONCEALABLE WEAPONS
PERMIT MAY CARRY A CONCEALABLE WEAPON ANYWHERE IN THE STATE.-AMENDED TITLE
02/06/97 Senate Introduced and read first time SJ-3
02/06/97 Senate Referred to Committee on Judiciary SJ-3
01/21/98 Senate Committee report: Favorable Judiciary SJ-5
01/27/98 Senate Amended SJ-344
01/27/98 Senate Read second time SJ-344
01/28/98 Senate Read third time and sent to House SJ-16
01/28/98 House Introduced and read first time HJ-17
01/28/98 House Referred to Committee on Judiciary HJ-18
03/25/98 House Committee report: Favorable with amendment
Judiciary HJ-18
03/31/98 House Amended HJ-16
03/31/98 House Read second time HJ-17
04/01/98 House Read third time and returned to Senate with
amendments HJ-23
04/02/98 Senate House amendment amended SJ-30
04/02/98 Senate Returned to House with amendments SJ-30
04/08/98 House Concurred in Senate amendment and enrolled HJ-34
05/21/98 Ratified R 347
05/27/98 Signed By Governor
05/27/98 Effective date 05/27/98
06/10/98 Copies available
06/10/98 Act No. 297
(A297, R347, S332)
AN ACT TO AMEND SECTION 16-23-50, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
PENALTIES, FINES, AND FORFEITURE PROCEDURES
ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL,
SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE
TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR
DISPOSAL, TO ALLOW A CONFISCATED PISTOL TO BE
DESTROYED BY THE LAW ENFORCEMENT AGENCY THAT
CONFISCATED THE WEAPON, AND TO PROVIDE THAT A
WEAPON MUST NOT BE DISPOSED OF IN ANY MANNER UNTIL
A FINAL DETERMINATION OF ANY LEGAL PROCEEDING IT
MAY BE INVOLVED IN IS ISSUED; TO AMEND SECTION
16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO
THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN
THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO
ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A
CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL
DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE
TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR
DISPOSAL, TO ALLOW A CONFISCATED WEAPON TO BE
DESTROYED BY THE LAW ENFORCEMENT AGENCY THAT
CONFISCATED THE WEAPON, AND TO PROVIDE THAT A
WEAPON MUST NOT BE DISPOSED OF UNTIL A FINAL
DETERMINATION OF ANY LEGAL PROCEEDING IT MAY BE
INVOLVED IN IS ISSUED; TO AMEND SECTION 23-31-180, AS
AMENDED, RELATING TO THE FORFEITURE AND
DESTRUCTION OF PISTOLS OR HANDGUNS DECLARED TO BE
CONTRABAND, SO AS TO PROVIDE THAT THESE WEAPONS
MUST BE FORFEITED TO OR SEIZED BY A MUNICIPAL OR
COUNTY LAW ENFORCEMENT AGENCY, TO NOT ALLOW
THESE WEAPONS TO BE TRANSFERRED TO A CLERK OF
COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE
WEAPONS TO BE EITHER DESTROYED OR DISPLAYED AFTER
A FINAL DETERMINATION OF ANY LEGAL PROCEEDING THEY
MAY BE INVOLVED IN IS ISSUED; TO REPEAL SECTION
16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF
COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED
WEAPONS; AND TO ADD SECTION 23-31-240 SO AS TO PROVIDE
THAT CERTAIN ACTIVE JUDGES, SOLICITORS, ASSISTANT
SOLICITORS, AND WORKERS' COMPENSATION
COMMISSIONERS WHO POSSESS A VALID CONCEALABLE
WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON
ANYWHERE IN THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Disposal of confiscated pistols
SECTION 1. Section 16-23-50(B) of the 1976 Code is amended to
read:
(B) 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 agency that receives the
confiscated pistol may use it within the agency, transfer it to another law
enforcement agency for the lawful use of that agency, trade it with a retail
dealer licensed to sell pistols in this State for a pistol or any other
equipment approved by the agency, or destroy it. A weapon must not be
disposed of in any manner until the results of any legal proceeding in
which it may be involved are finally determined. 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.
Disposal of confiscated weapons
SECTION 2. Section 16-23-405(2) of the 1976 Code is amended to
read:
"(2) A person convicted of a crime, in addition to a penalty, shall have
a weapon used in the commission or in furtherance of the crime
confiscated. Each weapon 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
agency that receives the confiscated weapon may use it within the agency,
transfer it to another law enforcement agency for the lawful use of that
agency, trade it with a retail dealer licensed to sell pistols in this State for
a pistol or other equipment approved by the agency, or destroy it. A
weapon must not be disposed of in any manner until the results of any
legal proceeding in which it may be involved are finally determined. A
firearm seized by the State Law Enforcement Division may be kept by the
division for use by its forensic laboratory."
Disposal of forfeited or seized pistols or handguns
SECTION 3. Section 23-31-180 of the 1976 Code is amended to read:
"Section 23-31-180. No licensed retail dealer may hold, store, handle,
sell, offer for sale, or otherwise possess in his place of business a pistol or
other handgun which has a die-cast, metal alloy frame or receiver which
melts at a temperature of less than eight hundred degrees Fahrenheit.
A pistol or other handgun possessed or sold by a dealer in violation of
this article is declared to be contraband and must be forfeited to or seized
by the law enforcement agency in the municipality where forfeited or
seized or to the law enforcement agency in the county where forfeited or
seized if forfeited or seized outside a municipality. The weapon must be
destroyed by the law enforcement agency which seized the weapon or the
law enforcement agency to which the weapon is forfeited. A weapon
must not be disposed of in any manner until the results of any legal
proceeding in which it may be involved are finally determined.
However, a law enforcement agency may use the weapon for display
purposes after the weapon has been rendered inoperable."
Repeal
SECTION 4. Section 16-23-500 of the 1976 Code is repealed.
Concealable weapon permit
SECTION 5. Article 4, Chapter 31, Title 23 of the 1976 Code is
amended by adding:
"Section 23-31-240. Notwithstanding any other provision contained
in this article, the following persons who possess a valid permit pursuant
to this article may carry a concealable weapon anywhere within this State,
when carrying out the duties of their office:
(1) active Supreme Court justices;
(2) active judges of the court of appeals;
(3) active circuit court judges;
(4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges;
(7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges;
(11) active solicitors and assistant solicitors; and
(12) active workers' compensation commissioners."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1998. |