H*3730 Session 111 (1995-1996)
H*3730(Rat #0534, Act #0464 of 1996) General Bill, By W.J. Young, Allison,
Askins, Bailey, J.M. Baxley, D.W. Beatty, Boan, G. Brown, H. Brown, J. Brown,
T. Brown, A.W. Byrd, B.D. Cain, Cato, Cave, C.D. Chamblee, Clyburn, Cobb-Hunter,
Cooper, Cotty, J.L.M. Cromer, Dantzler, Davenport, Delleney, Easterday,
L.L. Elliott, Fair, J.G. Felder, Fleming, R.C. Fulmer, Gamble, Govan,
H.M. Hallman, Harrell, J.L. Harris, Harrison, Harvin, B.H. Harwell, Haskins,
R.J. Herdklotz, J. Hines, J.H. Hodges, T.E. Huff, H.G. Hutson, Inabinett,
Jennings, Keegan, Kelley, Kennedy, M.H. Kinon, Klauber, Knotts, Koon, Lanford,
Law, L.H. Limbaugh, Limehouse, Littlejohn, Lloyd, C.V. Marchbanks, L.M. Martin,
Mason, J.G. McAbee, McCraw, J.T. McElveen, Meacham, Moody-Lawrence, Neilson,
Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott,
Seithel, Sharpe, J.S. Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille,
E.C. Stoddard, Stuart, P.H. Thomas, Townsend, Tripp, Trotter, Vaughn,
D.C. Waldrop, Walker, C.C. Wells, Whatley, Whipper, Wilder, Wilkes, Wilkins,
D. Williams, Witherspoon, S.S. Wofford, H.G. Worley, D.A. Wright and
Young-Brickell
Similar(S 681)
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 1996" and to provide the requirements for the State Law Enforcement
Division to issue permits to allow certain individuals to carry concealed
weapons.-amended short title
03/02/95 House Introduced and read first time HJ-8
03/02/95 House Referred to Committee on Judiciary HJ-9
04/19/95 House Committee report: Favorable with amendment
Judiciary HJ-11
04/26/95 House Objection by Rep. Wright, Cotty, Quinn, Harrison,
Anderson, McMahand, Breeland, Cave, Neal, Scott,
Williams, Witherspoon, Clyburn, Hines,
Marchbanks, Herdklotz, Keegan, Kelley, Wilkes &
Davenport HJ-63
05/11/95 House Amended HJ-60
05/11/95 House Debate interrupted HJ-68
05/16/95 House Amended HJ-40
05/16/95 House Read second time HJ-67
05/16/95 House Roll call Yeas-80 Nays-29 HJ-67
05/17/95 House Read third time and sent to Senate HJ-27
05/18/95 Senate Introduced and read first time SJ-39
05/18/95 Senate Referred to Committee on Judiciary SJ-39
04/03/96 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-10
04/24/96 Senate Special order SJ-77
05/08/96 Senate Debate adjourned SJ-29
05/16/96 Senate Debate interrupted
05/21/96 Senate Amended SJ-48
05/21/96 Senate Debate interrupted SJ-85
05/22/96 Senate Amended SJ-62
05/22/96 Senate Read second time SJ-62
05/23/96 Senate Read third time and returned to House with
amendments SJ-95
05/28/96 House Point of order-Senate amendments not printed and
on members' desks for 24 hours HJ-111
05/29/96 House Non-concurrence in Senate amendment HJ-135
05/30/96 Senate Senate insists upon amendment and conference
committee appointed Sens. Peeler, Courtney, Bryan SJ-5
05/30/96 House Conference committee appointed J. Young, Klauber
& Simrill HJ-54
06/12/96 House Conference report received and adopted HJ-21
06/12/96 House Roll call Yeas-78 Nays-35 HJ-37
06/12/96 Senate Conference report received and adopted SJ-22
06/13/96 House Ordered enrolled for ratification HJ-2
06/26/96 Ratified R 534
07/24/96 Signed By Governor
07/24/96 Effective date 08/23/96 (This Act takes effect 30
days after approval)
08/07/96 Copies available
08/07/96 Act No. 464
(A464, R534, H3730)
AN ACT 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 1996" AND TO PROVIDE THE
REQUIREMENTS FOR THE STATE LAW ENFORCEMENT
DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN
INDIVIDUALS TO CARRY CONCEALED WEAPONS; BY ADDING
ARTICLE 6 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT
IT IS UNLAWFUL TO USE A FIREARM WHILE UNDER THE
INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE; TO
AMEND SECTION 16-23-20, RELATING TO THE UNLAWFUL
CARRYING OF A PISTOL, SO AS TO REVISE THE
CIRCUMSTANCES IN WHICH A HUNTER OR FISHERMAN MAY
CARRY A PISTOL AND TO MAKE A TECHNICAL CHANGE; TO
AMEND SECTION 16-23-460, AS AMENDED, RELATING TO THE
UNLAWFUL CARRYING OF CERTAIN CONCEALED WEAPONS,
SO AS TO REVISE THE TYPE OF CONCEALED WEAPONS THAT
MAY BE CARRIED WITH AND WITHOUT A PERMIT AND TO
REVISE THE PENALTY; TO AMEND SECTION 16-23-465, AS
AMENDED, RELATING TO THE PENALTY FOR UNLAWFULLY
CARRYING A FIREARM ONTO A PREMISES OF A BUSINESS
SELLING CERTAIN ALCOHOLIC BEVERAGES, SO AS TO
PROVIDE THAT A PERSON CONVICTED OF THIS OFFENSE WHO
POSSESSED A CONCEALABLE WEAPON PERMIT MUST HAVE
HIS PERMIT REVOKED; TO AMEND SECTION 16-23-420, AS
AMENDED, RELATING TO CARRYING OR DISPLAYING A
FIREARM IN OR AROUND AN EDUCATIONAL INSTITUTION OR
A PUBLIC BUILDING, SO AS TO REVISE THE LOCATIONS IN
WHICH A FIREARM MAY NOT BE CARRIED ONTO; BY ADDING
SECTION 23-31-217 SO AS TO PROVIDE THAT NOTHING
CONTAINED IN ARTICLE 4, CHAPTER 31, TITLE 23 AFFECTS
THE PROVISIONS CONTAINED IN SECTION 16-23-20; TO
PROVIDE THAT NOTHING CONTAINED IN ARTICLE 4, CHAPTER
31, TITLE 23 SHALL BE CONSTRUED TO LIMIT, DIMINISH, OR
INFRINGE ON CERTAIN RIGHTS; TO AMEND SECTION 10-11-340,
RELATING TO PERFORMANCE OF DUTIES BY MEMBERS OF
THE GENERAL ASSEMBLY AND PERSONS REQUIRED TO
PERFORM DUTIES WITHIN THE CAPITOL BUILDING, SO AS TO
REVISE THE PERSONS THIS PROVISION APPLIES TO; TO
AMEND SECTION 40-17-120, AS AMENDED, RELATING TO
PERMITS TO CARRY FIREARMS, SO AS TO PROVIDE THAT THIS
PROVISION DOES NOT PRECLUDE A PRIVATE DETECTIVE
FROM OBTAINING A CONCEALABLE WEAPON PERMIT AND
THAT A PERSON ISSUED A PERMIT TO CARRY A WEAPON
PURSUANT TO THIS PROVISION MAY ALSO OBTAIN A
CONCEALABLE WEAPON PERMIT; TO PROVIDE THAT
NOTHING CONTAINED IN THIS ACT AFFECTS THE VALIDITY
OF CERTAIN PERMITS ISSUED PURSUANT TO ARTICLE 3,
CHAPTER 31, TITLE 23; TO PROVIDE THAT A PERSON HOLDING
A CONCEALABLE WEAPON PERMIT PURSUANT TO ARTICLE 4,
CHAPTER 31, TITLE 23 MAY NOT CARRY A CONCEALABLE
WEAPON INTO THE RESIDENCE OF ANOTHER PERSON
WITHOUT THE PERMISSION OF CERTAIN PERSONS AND TO
PROVIDE PENALTIES; TO PROVIDE THE MANNER IN WHICH
THE POSTING OF SIGNS PROHIBITING THE CARRYING OF A
CONCEALABLE WEAPON UPON A PREMISES MAY BE
SATISFIED; TO PROVIDE THAT A PERSON MAY CARRY A
CONCEALABLE WEAPON FROM A MOTOR VEHICLE TO
CERTAIN RENTED ROOMS; AND TO REPEAL SECTION 23-31-120
RELATING TO PERSONS TO WHOM WEAPON PERMITS MAY BE
ISSUED.
Be it enacted by the General Assembly of the State of South
Carolina:
Concealed weapons permits
SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by
adding:
"Article 4
Concealed Weapons Permits
Section 23-31-205. This article may be cited as the `Law Abiding
Citizens Self-Defense Act of 1996'.
Section 23-31-210. As used in this article:
(1) `Resident' means an individual who is a resident of South
Carolina for at least twelve months preceding the date on which an
application to carry a weapon is submitted under this section or military
personnel on permanent change of station orders.
(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 successfully completed a basic or advanced handgun education course
offered by a state, county, or municipal law enforcement agency or a
nationally recognized organization that promotes gun safety. This
education course must be a minimum of eight hours and must include,
but is not limited to:
(i) information on the statutory and case law of this State
relating to handguns and to the use of deadly force;
(ii) information on handgun use and safety;
(iii) information on the proper storage practice for handguns with
an emphasis on storage practices that reduces the possibility of accidental
injury to a child; and
(iv) the actual firing of the handgun in the presence of the
instructor;
(b) an instructor certified by the National Rifle Association or
another SLED-approved competent national organization that promotes
the safe use of handguns;
(c) a person who can demonstrate to the Director of SLED or his
designee that he has a proficiency in both the use of handguns and state
laws pertaining to handguns;
(d) an active duty police handgun instructor;
(e) a person who has a SLED-certified or approved competitive
handgun shooting classification; or
(f) a member of the active or reserve military, or a member of the
National Guard who has had handgun training in the previous three
years.
SLED shall promulgate regulations containing general guidelines for
courses and qualifications for instructors which would satisfy the
requirements of this item. For purposes of subitems (a) and (b), `proof
of training' is not satisfied unless the organization and its instructors
meet or exceed the guidelines and qualifications contained in the
regulations promulgated by SLED pursuant to this item.
(5) `Concealable weapon' means a firearm having a length of less
than twelve inches measured along its greatest dimension that must be
carried in a manner that is hidden from public view in normal wear of
clothing except when needed for self-defense, defense of others, and the
protection of real or personal property.
Section 23-31-215. (A) Notwithstanding any other provision of law,
except subject to subsection (B) of this section, 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 actual or corrected vision rated at 20/40 within six
months of the date of application or, in the case of a person licensed to
operate a motor vehicle in this State, presentation of a valid driver's
license;
(5) proof of training;
(6) payment of a fifty-dollar application fee. This fee must be
waived for disabled veterans and retired law enforcement officers;
and
(7) a complete set of fingerprints. A law enforcement agency may
charge a fee not to exceed five dollars for fingerprinting an applicant.
(B) Upon submission of the items required by subsection (A) of this
section, SLED must conduct or facilitate a local, state, and federal
fingerprint review of the applicant. SLED must also conduct a
background check of the applicant through notification to and input from
the sheriff of the county where the applicant resides. The sheriff must,
within ten working days after notification by SLED, submit a
recommendation on an application. Before making a determination
whether or not to issue a permit under this article, SLED must consider
the recommendation provided pursuant to this subsection. The failure of
the sheriff to submit a recommendation within the ten-day period
constitutes a favorable recommendation for the issuance of the permit to
the applicant. If the fingerprint review and background check are
favorable, SLED must issue the permit.
(C) SLED shall issue a written statement to an unqualified applicant
specifying its reasons for denying the application within ninety days from
the date the application was received; otherwise, SLED shall issue a
concealable weapon permit. If an applicant is unable to comply with the
provisions of Section 23-31-210(4), SLED shall offer the applicant a
handgun training course that satisfies the requirements of Section
23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the
proceeds to defray the training course's operating costs. If a permit is
granted by operation of law because an applicant was not notified of a
denial within the ninety-day notification period, the permit may be
revoked upon written notification from SLED that sufficient grounds
exist for revocation or initial denial.
(D) 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
administrative law judge division pursuant to Article 5, Chapter 23 of
Title 1 upon a petition filed by an applicant within thirty days from the
date of delivery of the division's decision.
(E) SLED must make permit application forms 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.
(F) 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;
(3) he has either been a resident of this State for at least twelve
months preceding the date of his application or he is military personnel
on permanent change of station orders; and
(4) all information contained in his application is true and correct
to the best of his knowledge.
(G) Medical personnel, law enforcement agencies, organizations
offering handgun education courses pursuant to Section 23-31-210(4)(a),
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; provided, however, a weapons instructor must meet
the requirements established in Section 23-31-210(4)(b), (c), (d), (e), or
(f) in order to be exempt from liability under this subsection.
(H) 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.
(I) SLED must maintain a list of all permit holders and the current
status of each permit. Upon request, SLED must release the list of
permit holders or verify an individual's permit status. SLED may charge
a fee not to exceed its costs in releasing the information under this
subsection.
(J) 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;
(3) voluntarily surrendered the permit; or
(4) been charged with an offense that, upon conviction, would
prohibit the person from possessing a firearm. However, if the person
subsequently is found not guilty of the offense, then his permit must be
reinstated at no charge.
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. A
person who fails to surrender his permit in accordance with this
subsection is guilty of a misdemeanor and, upon conviction, must be
fined twenty-five dollars.
(K) A permit holder must have his permit identification card in his
possession whenever he carries a concealable weapon. A permit holder
must inform a law enforcement officer of the fact that he is a permit
holder and present the permit identification card when an officer (1)
identifies himself as a law enforcement officer and (2) requests
identification or a driver's license from a permit holder. A permit holder
immediately must report the loss or theft of a permit identification card
to SLED headquarters. A person who violates the provisions of this
subsection is guilty of a misdemeanor and, upon conviction, must be
fined twenty-five dollars.
(L) SLED shall issue a replacement for lost, stolen, damaged, or
destroyed permit identification cards after the permit holder has updated
all information required in the original application and the payment of a
five-dollar replacement fee. Any change of permanent address must be
communicated in writing to SLED within ten days of the change
accompanied by the payment of a fee of five dollars to defray the cost of
issuance of a new permit. SLED shall then issue a new permit with the
new address. A permit holder's failure to notify SLED in accordance
with this subsection constitutes a misdemeanor punishable by a
twenty-five dollar fine. The original permit shall remain in force until
receipt of the corrected permit identification card by the permit holder, at
which time the original permit must be returned to SLED.
(M) A permit issued pursuant to this section does not authorize a
permit holder to carry a concealable weapon into a:
(1) police, sheriff, or highway patrol station or any other law
enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional
facility or office;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) office of or the business meeting of the governing body of a
county, public school district, municipality, or special purpose
district;
(6) school or college athletic event not related to firearms;
(7) day care facility or pre-school facility;
(8) place where the carrying of firearms is prohibited by federal
law;
(9) church or other established religious sanctuary;
(10) hospital, medical clinic, doctor's office, or any other facility
where medical services or procedures are performed unless expressly
authorized by the employer.
A person who wilfully violates a provision of this subsection is guilty
of a misdemeanor and, upon conviction, must be fined not less than one
thousand dollars or imprisoned not more than one year, or both, at the
discretion of the court and have his permit revoked for five years.
Nothing contained herein may be construed to alter or affect the
provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465,
44-23-1080, 44-52-165, 50-9-830, and 51-3-145.
(N) Valid out-of-state permits to carry concealable weapons held by a
resident of a reciprocal state must be honored by this State. SLED shall
make a determination as to those states which have permit issuance
standards equal to or greater than the standards contained in this act and
shall maintain and publish a list of those states as the states with which
South Carolina has reciprocity.
(O) A permit issued pursuant to this article is not required for a
person:
(1) specified in Section 16-23-20, items (1) through (5) and items
(7) through (11);
(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.
(P) A permit issued pursuant to this article is valid for four years.
Subject to subsection (Q) of this section, SLED shall renew a permit
upon:
(1) payment of a fifty-dollar renewal fee by the applicant. This fee
must be waived for disabled veterans and retired law enforcement
officers;
(2) submission of three current one-inch by one-inch full color
photographs of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may
charge a fee not to exceed five dollars for fingerprinting an applicant.
(Q) Upon submission of the items required by subsection (P) of this
section, SLED must conduct or facilitate a local, state, and federal
fingerprint review of the applicant. If the background check is favorable,
SLED must renew the permit.
(R) No provision contained within this act shall expand, diminish, or
affect the duty of care owed by and liability accruing to, as may exist at
law immediately prior to the effective date of this act, the owner of or
individual in legal possession of real property for the injury or death of
an invitee, licensee, or trespasser caused by the use or misuse by a third
party of a concealable weapon. Absence of a sign prohibiting
concealable weapons shall not constitute negligence or establish a lack of
duty of care."
Firearm use while under the influence
SECTION 2. Chapter 31, Title 23 of the 1976 Code is amended by
adding:
"Article 6
Using a Firearm While Under the Influence of
Alcohol or a Controlled Substance
Section 23-31-400. (A) As used in this article:
(1) `Use a firearm' means to discharge a firearm.
(2) `Serious bodily injury' means a physical condition which
creates a substantial risk of death, serious personal disfigurement, or
protracted loss or impairment of the function of a bodily member or
organ.
(B) It is unlawful for a person who is under the influence of alcohol
or a controlled substance to use a firearm in this State.
(C) A person who violates the provisions of subsection (B) is guilty
of a misdemeanor and, upon conviction, must be fined not less than two
thousand dollars or imprisoned not more than two years.
(D) This article does not apply to persons lawfully defending
themselves or their property.
Section 23-31-410. (A) A person who uses a firearm within this
State shall submit to a SLED-approved breath test to determine the
alcoholic content of the blood and to a urine test to detect the presence of
a controlled substance if there is probable cause to believe that the person
was using a firearm while under the influence of alcohol or a controlled
substance or if the person is arrested lawfully for an offense allegedly
committed while he was using a firearm while under the influence of
alcohol or a controlled substance. The breath or urine test must be
administered at the request of a law enforcement officer who has
probable cause to believe the person was using the firearm while under
the influence of alcohol or a controlled substance. The administration of
either test shall not preclude the administration of the other test. The
refusal to submit to a breath or urine test upon the request of a law
enforcement officer pursuant to this section is admissible into evidence in
a criminal proceeding.
(B) If the arresting officer does not request a breath or urine test of
the person arrested for an offense allegedly committed while the person
was using a firearm while under the influence of alcohol or a controlled
substance, the person may request the arresting officer to have a breath
test made to determine the alcohol content of the person's blood or a
urine test for the purpose of determining the presence of a controlled
substance. The failure of the person who requests a breath or urine test
to actually be so tested shall bar the prosecution of the person for using a
firearm while under the influence of alcohol or a controlled
substance.
(C) The provisions of Section 56-5-2950 relating to the
administration of tests for determining the weight of alcohol in an
individual's blood, additional tests at the individual's expense, availability
of test information to the individual or the individual's attorney, and
liability of medical institutions and persons administering the tests are
applicable to this section.
(D) The results of a test administered pursuant to this section for the
purpose of detecting the presence of a controlled substance are not
admissible as evidence in a criminal prosecution for the possession of a
controlled substance.
(E) Information obtained pursuant to this section must be released to
a court, prosecuting attorney, defense attorney, or law enforcement
officer in connection with an alleged violation of Section 23-31-400 upon
request for this information.
Section 23-31-415. (A) If a law enforcement officer has probable
cause to believe that a person used a firearm while under the influence of
alcohol or a controlled substance and caused the death or serious bodily
injury of an individual, the person shall submit, upon the request of the
law enforcement officer, to a test of his blood for the purpose of
determining its alcohol content or for the presence of a controlled
substance.
(B) A criminal charge resulting from the incident precipitating the
officer's demand for testing should be tried concurrently with a charge of
a violation of Section 23-31-400. If the charges are tried separately, the
fact that the person refused, resisted, obstructed, or opposed testing is
admissible at the trial of the criminal offense which precipitated the
demand for testing.
(C) The results of any test administered pursuant to this section for
the purpose of detecting the presence of a controlled substance is not
admissible as evidence in a criminal prosecution for the possession of a
controlled substance.
Notwithstanding another provision of law pertaining to the
confidentiality of hospital records or other medical records, information
obtained pursuant to this section must be released to a court, prosecuting
attorney, defense attorney, or law enforcement officer in connection with
an alleged violation of Section 23-31-400 upon request for such
information.
Section 23-31-420. (A) Upon the trial of a civil or criminal action or
proceeding arising out of acts alleged to have been committed by a
person while using a firearm while under the influence of alcohol or a
controlled substance, the results of any test administered pursuant to
Section 23-31-410 or 23-31-415 and this section is admissible into
evidence and the amount of alcohol in the person's blood at the time
alleged, as shown by chemical analysis of the person's blood or breath,
shall create the following presumptions:
(1) If there was at that time five one-hundredths of one percent or
less by weight of alcohol in the person's blood, it must be presumed that
the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of
one percent but less than ten one-hundredths of one percent by weight of
alcohol in the person's blood, that fact shall not give rise to any
inference that the person was or was not under the influence of alcohol to
the extent that his normal faculties were impaired, but that fact may be
considered with other competent evidence in determining whether the
person was under the influence of alcohol.
(3) If there was at that time ten one-hundredths of one percent or
more by weight of alcohol in the person's blood, this creates an inference
that the person was under the influence of alcohol.
(B) The percent by weight of alcohol in the blood must be based
upon grams of alcohol per one-hundred milliliters of blood. The
provisions of this section must not be construed as limiting the
introduction of any other competent evidence bearing upon the question
of whether the person was under the influence of alcohol."
Carrying a pistol
SECTION 3. Section 16-23-20 of the 1976 Code, as last amended by
Act 85 of 1995, is further amended to read:
"Section 16-23-20. It is unlawful for anyone to carry about the
person any pistol, whether concealed or not, except as follows:
(1) Regular, salaried law enforcement officers and reserve police
officers of a municipality or county of the State, uncompensated
Governor's constables, law enforcement officers of the federal
government or other states when they are carrying out official duties
while in this State, and deputy enforcement officers of the Natural
Resources Enforcement Division of the Department of Natural
Resources.
(2) Members of the Armed Forces of the United States or of the
National Guard, organized reserves, or the State Militia when on
duty.
(3) Members of organizations authorized by law to purchase or
receive firearms from the United States or this State, or regularly enrolled
members of clubs organized for the purpose of target shooting or
collecting modern and antique firearms while these members are at or
going to or from their places of target practice or their shows and
exhibits.
(4) Licensed hunters or fishermen while engaged in hunting or
fishing or going to or from their places of hunting or fishing.
(5) Any person regularly engaged in the business of manufacturing,
repairing, repossession, or dealing in firearms, or the agent or
representative of this person while possessing, using, or carrying a pistol
in the usual or ordinary course of the business.
(6) Guards engaged in protection of property of the United States
or any agency thereof.
(7) Any authorized military or civil organizations while parading
or the members thereof when going to and from the places of meeting of
their respective organizations.
(8) Any person in his home, or upon his real property, or fixed
place of business.
(9) Any person in a vehicle where the pistol is secured in a closed
glove compartment, closed console, or closed trunk.
(10) Any person carrying a pistol unloaded and in a secure wrapper
from the place of purchase to his home or a fixed place of business or
while in the process of the changing or moving of one's residence or the
changing or moving of his fixed place of business.
(11) Any prison guard while engaged in his official duties.
(12) Any person who is granted a permit under provision of law by
the State Law Enforcement Division to carry a pistol about his person,
under conditions set forth in the permit.
Persons authorized to carry weapons pursuant to items (6) and (12) of
this section may exercise this privilege only after acquiring a permit from
the State Law Enforcement Division as provided for in Article 4 of
Chapter 31 of Title 23."
Carrying a deadly weapon
SECTION 4. Section 16-23-460 of the 1976 Code is amended to
read:
"Section 16-23-460. Any person carrying a deadly weapon
usually used for the infliction of personal injury concealed about his
person is guilty of a misdemeanor, must forfeit to the county, or, if
convicted in a municipal court, to the municipality the concealed weapon,
and must be fined not less than two hundred dollars nor more than five
hundred dollars or imprisoned not less than thirty days nor more than
ninety days. Nothing herein contained may be construed to apply to (1)
persons carrying concealed weapons upon their own premises or pursuant
to and in compliance with Article 4 of Chapter 31 of Title 23, or (2)
peace officers in the actual discharge of their duties. The provisions of
this section do not apply to rifles, shotguns, dirks, slingshots, metal
knuckles, or razors unless they are used with the intent to commit a
crime or in furtherance of a crime."
Carrying a firearm onto a business premises
SECTION 5. Section 16-23-465 of the 1976 Code, as last amended by
Act 184 of 1993, is further amended to read:
"Section 16-23-465. In addition to the penalties provided for
by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of
Title 16, a person convicted of carrying a pistol or firearm onto the
premises of a business which sells alcoholic liquor, beer, or wine for
consumption on the premises is guilty of a misdemeanor and, upon
conviction, must be fined not more than two thousand dollars or
imprisoned not more than three years, or both.
In addition to the penalties described above, a person who violates
this section while carrying a concealable weapon pursuant to Article 4,
Chapter 31, Title 23 must have his concealed weapon permit
revoked."
Carrying a firearm onto the premises of an educational institution or
public building
SECTION 6. Section 16-23-420 of the 1976 Code, as last amended by
Act 184 of 1993, is further amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry
onto any premises or property owned, operated, or controlled by a private
or public school, college, university, technical college, other
post-secondary institution, or any publicly-owned building a firearm of
any kind, without the express permission of the authorities in charge of
the premises or property.
(B) It is unlawful for a person to enter the premises or property
described in subsection (A) and to display, brandish, or threaten others
with a firearm.
(C) A person who violates the provisions of this section 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.
(D) This section does not apply to a guard, law enforcement officer,
or member of the armed forces, or student of military science. A
married student residing in apartments provided by the private or public
school whose presence with a weapon in or around a particular building
is authorized by persons legally responsible for the security of the
buildings is also exempted from the provisions of this section.
(E) For purposes of this section, the terms `premises' and `property'
do not include state or locally owned or maintained roads, streets, or
rights-of-way thereof, running through or adjacent to premises or
property owned, operated, or controlled by a private or public school,
college, university, technical college, or other post-secondary institution,
which are open full time to public vehicular traffic."
Carrying a pistol
SECTION 7. The 1976 Code is amended by adding:
"Section 23-31-217. Nothing in this article shall affect the
provisions of Section 16-23-20."
Right to carry a weapon
SECTION 8. Nothing contained in this article shall in any way be
construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person
who is licensed under this article from carrying a concealable weapon
upon the premises of the business or work place or while using any
machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal
possession or control to allow or prohibit the carrying of a concealable
weapon upon his premises.
The posting by the employer, owner, or person in legal possession or
control of a sign stating "No Concealable Weapons Allowed"
shall constitute notice to a person holding a permit issued pursuant to this
article that the employer, owner, or person in legal possession or control
requests that concealable weapons not be brought upon the premises or
into the work place. A person who brings a concealable weapon onto the
premises or work place in violation of the provisions of this paragraph
may be charged with a violation of Section 16-11-620. In addition to the
penalties provided in Section 16-11-620, a person convicted of a second
or subsequent violation of the provisions of this paragraph must have his
permit revoked for a period of one year. The prohibition contained in
this section does not apply to persons specified in Section 16-23-20, item
(1).
Performance of duties in the capitol building
SECTION 9. Section 10-11-340 of the 1976 Code is amended to read:
"Section 10-11-340. Nothing contained in this article prohibits
any officer or employee or persons otherwise authorized and required to
perform duties within the capitol building from performing their normal
duties, including the carrying of firearms, except as may be limited by
the rules of either House within their respective chambers."
License to carry a firearm
SECTION 10. Section 40-17-120 of the 1976 Code, as last amended by
Section 9, Act 78 of 1991, is further amended to read:
"Section 40-17-120. (A) Except as provided in subsection
(D), the division may grant to a person licensed or registered in
accordance with this chapter a permit to carry a pistol, revolver, or other
firearm. Application for the permit must be made on forms provided by
the division, and the fee is twenty dollars a year. The permit is for one
year and application for renewal must be on a form furnished by the
division. The permit is not transferable.
(B) No person may be issued a permit until he has presented to the
division proof that he is proficient in the use of firearms and has received
a minimum of four hours' classroom instruction.
(C) A person engaged in the private security business or registered in
accordance with Section 40-17-80 and issued a permit in accordance with
this section may carry a firearm in an open and fully-exposed manner
only while on duty, in uniform, and going to and from work. However,
the division in its discretion may issue an additional written permit to the
person to carry the firearm about his person, concealed or not, even
though he is not in uniform nor on duty if the division determines that
the additional permit will enable the permittee to better perform his
assigned duties. No additional permit may be issued to a permittee to be
effective in a place where alcoholic beverages, beer, or wine are sold or
consumed.
(D) Permits for carrying firearms must not be issued pursuant to this
section to persons registered as private detectives. Nothing in this section
prohibits a private detective from carrying a concealable weapon pursuant
to and in compliance with Article 4, Chapter 31, Title 23.
(E) A person licensed or registered in accordance with this chapter
may, in addition to the permit issued pursuant to subsections (A) through
(C) of this section, apply for a permit pursuant to Article 4, Chapter 31,
Title 23."
Validity of permits
SECTION 11. Nothing herein affects the validity of permits issued
prior to the effective date of this act pursuant to Article 3 of Chapter 31
of Title 23. These permits are valid until they expire and are governed
by any laws or regulations in effect on the date of their issuance.
Carrying a concealable weapon into the residence of another
person
SECTION 12. No person who holds a permit issued pursuant to Article
4, Chapter 31, Title 23 may carry a concealable weapon into the
residence or dwelling place of another person without the express
permission of the owner or person in legal control or possession, as
appropriate. A person who violates this provision is guilty of a
misdemeanor and, upon conviction, must be fined not less than one
thousand dollars or imprisoned for not more than one year, or both, at
the discretion of the court and have his permit revoked for five years.
Posting of signs
SECTION 13. Notwithstanding any other provision of this act, any
requirement of or allowance for the posting of signs prohibiting the
carrying of a concealable weapon upon any premises may be satisfied by
a sign expressing the prohibition in written language interdict or universal
sign language.
Carrying a concealable weapon from a vehicle to a rented
room
SECTION 14. Notwithstanding any provision of law, any person may
carry a concealable weapon from an automobile or other motorized
conveyance to a room or other accommodation he has rented and upon
which an accommodations tax has been paid.
Repeal
SECTION 15. Section 23-31-120 of the 1976 Code is repealed.
Time effective
SECTION 16. This act takes effect thirty days after approval by the
Governor.
Approved the 24th day of July, 1996. |