H 3085 Session 109 (1991-1992)
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.
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