S*0968(Rat #0346, Act #0337 of 2008)  General Bill, By McGill, O'Dell, Williams and 
Knotts

Similar(H 4962)
 AN ACT TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE
 COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES
 LONG" FROM THE DEFINITION; TO AMEND SECTION 16-23-460, RELATING TO CARRYING
 CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE
 PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME;
 TO AMEND SECTION 10-11-320, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OR
 DISCHARGING OF A FIREARM ON CAPITOL GROUNDS AND WITHIN THE CAPITOL BUILDING,
 SO AS TO PROVIDE AN EXCEPTION FOR A PERSON WHO POSSESSES A CONCEALABLE WEAPONS
 PERMIT AND WHO IS AUTHORIZED TO PARK ON THE CAPITOL GROUNDS OR THE GARAGE
 UNDER CERTAIN CIRCUMSTANCES. - ratified title

   01/09/08  Senate Introduced and read first time SJ-5
   01/09/08  Senate Referred to Committee on Judiciary SJ-5
   01/15/08  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Massey
   03/12/08  Senate Committee report: Favorable Judiciary SJ-9
   03/13/08  Senate Read second time SJ-8
   03/13/08         Scrivener's error corrected
   03/18/08  Senate Read third time and sent to House SJ-25
   03/25/08  House  Introduced and read first time HJ-21
   03/25/08  House  Referred to Committee on Judiciary HJ-22
   05/14/08  House  Committee report: Favorable Judiciary HJ-5
   05/21/08  House  Amended HJ-27
   05/21/08  House  Read second time HJ-28
   05/22/08  House  Read third time and returned to Senate with
                     amendments HJ-10
   05/22/08         Scrivener's error corrected
   05/27/08  Senate House amendment amended SJ-34
   05/27/08  Senate Returned to House with amendments SJ-34
   05/29/08  House  Concurred in Senate amendment and enrolled HJ-31
   06/05/08         Ratified R 346
   06/11/08         Vetoed by Governor
   06/25/08  Senate Veto overridden by originating body Yeas-33  Nays-1
   06/25/08  House  Veto overridden Yeas-93  Nays-12
   06/30/08         Copies available
   06/30/08         Effective date 06/25/08
   07/11/08         Act No. 337

(A337, R346, S968)

AN ACT TO AMEND SECTION 16-23-405, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "WEAPON" AND THE HANDLING OF WEAPONS USED IN THE COMMISSION OF A CRIME, SO AS TO REMOVE "KNIFE WITH A BLADE OVER TWO INCHES LONG" FROM THE DEFINITION; TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO PROVIDE FOR THE EXCLUSION OF KNIVES WITHIN THE PURVIEW OF THE OFFENSE UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME; TO AMEND SECTION 10-11-320, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OR DISCHARGING OF A FIREARM ON CAPITOL GROUNDS AND WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE AN EXCEPTION FOR A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT AND WHO IS AUTHORIZED TO PARK ON THE CAPITOL GROUNDS OR THE GARAGE UNDER CERTAIN CIRCUMSTANCES.

Be it enacted by the General Assembly of the State of South Carolina:

Concealed weapons, definition amended

SECTION    1.    Section 16-23-405 of the 1976 Code is amended to read:

"Section 16-23-405.    (A)    Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.

(B)    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 may not be disposed of until the results of all legal proceedings 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."

Concealed weapons, exceptions

SECTION    2.    Section 16-23-460 of the 1976 Code is amended to read:

"Section 16-23-460.    (A)    A 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.

(B)    The provisions of this section do not apply to:

(1)    A person carrying a concealed weapon upon his own premises or pursuant to and in compliance with Article 4, Chapter 31 of Title 23; or

(2)    peace officers in the actual discharge of their duties.

(C)    The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a crime."

Concealed weapons, carrying on capitol grounds or within the capitol building

SECTION    3.    Section 10-11-320 of the 1976 Code, as last amended by Act 237 of 2000, is further amended to read:

"Section 10-11-320.    (A)    It is unlawful for any person or group of persons to:

(1)    carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm or dangerous weapon; or

(2)    discharge any firearm or to use any dangerous weapon upon the capitol grounds or within the capitol building.

(B)    This section does not apply to a person who possesses a concealable weapons' permit pursuant to Article 4, Chapter 31, Title 23 and is authorized to park on the capitol grounds or in the parking garage below the capitol grounds. The firearm must remain locked in the person's vehicle while on or below the capitol grounds and must be stored in a place in the vehicle that is not readily accessible to any person upon entry to or below the capitol grounds."

Savings clause

SECTION    4.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2008.

Vetoed by the Governor -- 6/11/08.

Veto overridden by Senate -- 6/25/08.

Veto overridden by House -- 6/25/08.