S*0488(Rat #0106, Act #0106 of 2001)  General Bill, By Ryberg

Similar(H 3744)
 A BILL TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO EXCEPTIONS TO THE APPLICATION OF PROVISIONS REGARDING
 OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT
 APPLY TO A PERSON AUTHORIZED TO POSSESS CERTAIN WEAPONS BY THE UNITED STATES
 DEPARTMENT OF THE TREASURY, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR
 ANY OTHER FEDERAL AGENCY EMPOWERED TO GRANT THIS AUTHORIZATION.

   03/22/01  Senate Introduced and read first time SJ-11
   03/22/01  Senate Referred to Committee on Judiciary SJ-11
   04/25/01  Senate Committee report: Favorable Judiciary SJ-24
   04/26/01  Senate Read second time SJ-20
   04/26/01  Senate Unanimous consent for third reading on next
                     legislative day SJ-20
   04/27/01  Senate Read third time and sent to House SJ-12
   05/01/01  House  Introduced and read first time HJ-25
   05/01/01  House  Referred to Committee on Judiciary HJ-25
   05/16/01  House  Committee report: Favorable Judiciary HJ-3
   05/22/01  House  Read second time HJ-16
   05/23/01  House  Read third time and enrolled HJ-29
   06/05/01         Ratified R 106
   09/21/01         Signed By Governor
   09/21/01         Effective date 09/21/01
   09/27/01         Copies available
   11/15/01         Act No. 106

AN ACT TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE APPLICATION OF PROVISIONS REGARDING OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO A PERSON AUTHORIZED TO POSSESS CERTAIN WEAPONS BY THE UNITED STATES DEPARTMENT OF THE TREASURY, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR ANY OTHER FEDERAL AGENCY EMPOWERED TO GRANT THIS AUTHORIZATION.

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

Offenses involving weapons exceptions

SECTION 1. Section 16-23-250 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:

"Section 16-23-250. The provisions of this article do not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of these organizations. Any peace officer of the State or of a county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or persons on duty in the postal service of the United States or a common carrier while transporting direct to a police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun, or sawed-off rifle, may possess machine guns, or sawed-off shotguns, or sawed-off rifles, when required in the performance of their duties. The provisions of this section must not be construed to apply to machine guns, or sawed-off shotguns, or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.

The provisions of this article do not apply to a manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., a person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization, a common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law, or persons licensed pursuant to Section 23-31-370."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2001.

Approved the 21st day of September, 2001.