H 3739 General Bill, By R.C. Fulmer and Whatley

Similar(S 682)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 23-31-220 so as to provide the requirements for the State Law Enforcement
 Division to issue permits to allow certain persons to carry concealed weapons
 or firearms; to provide definitions; and to provide penalties.

   03/02/95  House  Introduced and read first time HJ-12
   03/02/95  House  Referred to Committee on Judiciary HJ-12

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-220 SO AS TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN PERSONS TO CARRY CONCEALED WEAPONS OR FIREARMS; TO PROVIDE DEFINITIONS; AND TO PROVIDE PENALTIES.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 23-31-220. (A) The State Law Enforcement Division (SLED) is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified under this section. For the purpose of this section, `concealed weapons or concealed firearms' means:

(1) a handgun;

(2) electronic weapon or device;

(3) tear gas gun;

(4) knife; or

(5) billy.

The terms do not include a machine gun as defined in Section 16-23-220.

The license is valid throughout the State for three years from the issuance date. The licensee must carry the license, together with valid identification, when the licensee possesses a concealed weapon or firearm, and must display both the license and identification upon demand by a law enforcement officer. A violation of a provision of this article is a misdemeanor that carries a fine of twenty-five dollars.

(B) SLED shall issue a license to an applicant who:

(1) is a resident of the State for at least six months preceding the filing of an application;

(2) is twenty-one years of age or older;

(3) does not suffer from a physical infirmity that prevents the safe handling of a weapon or firearm;

(4) is not ineligible to possess a firearm;

(5) is not a convicted felon;

(6) desires a legal means to carry a concealed weapon or firearm for lawful self-defense;

(7) demonstrates competence with a firearm by one of the following:

(a) completion of a firearms safety or training course or class available to the general public offered by a law enforcement, junior college, college, or private or public institution, or firearms training school, utilizing instructors certified by the National Rifle Association or SLED;

(b) completion of a National Rifle Association firearms safety or training course;

(c) completion of a law enforcement firearms safety or training course or class offered for security guards, investigators, sheriff deputies, or a division of law enforcement;

(d) presents evidence of experience with a firearm through participation in organized shooting competition or military service.

(C) The application must be completed, under oath, on a form promulgated by SLED and include:

(1) the name, address, place of birth, race, and occupation of the applicant;

(2) a statement that the applicant is in compliance with the criteria contained within subsection (B) of this provision;

(3) a conspicuous warning that the application is executed under oath and that a false answer to a question or the submission of a false document by the applicant is a misdemeanor punishable by a fine of five hundred dollars;

(4) a statement that the applicant desires a concealed weapon or firearms license as a means of lawful self-defense.

(D) The applicant shall submit the application to SLED with:

(1) a nonrefundable license fee of one hundred dollars, if he previously has not been issued a statewide license, or a nonrefundable license fee of fifty dollars for renewal of a statewide license.

(2) a full set of fingerprints of the applicant administered by a law enforcement agency of this State;

(3) a photocopy of a certificate or an affidavit or document showing the applicant meets the standard contained in subsection (B)(7);

(4) a full frontal view color photograph of the applicant taken within the preceding thirty days that measures seven-eights of an inch wide and one and one-eighth inches high.

(E) SLED, within ninety days after receiving the items contained in subsection (D), shall:

(1) issue the license; or

(2) deny the application based on the ground that this applicant fails to qualify under the criteria contained in subsection (B) or subsection (C).

If SLED denies the application, it shall notify the applicant, in writing, stating the ground for denial and informing the applicant of his right to an administrative hearing.

(F) SLED shall maintain an automated listing of license-holders. This information must be made available at all times to local and state law enforcement agencies.

(G) Within thirty days after the changing of a permanent address or within thirty days after having a license lost or destroyed, the licensee shall notify SLED of this occurrence. Failure to notify SLED constitutes a misdemeanor that carries a twenty-five dollar fine.

(H) If a concealed weapon or firearm license is lost or destroyed, the license is invalid. The person to whom the license was issued may obtain, upon payment of fifteen dollars to SLED, a duplicate, upon furnishing a notarized statement to SLED that the license was lost or destroyed.

(I) A license issued under this section must be suspended or revoked by SLED if the licensee:

(1) becomes ineligible to hold a license under the criteria contained in this section;

(2) develops or sustains a physical infirmity that prevents the safe handling of a weapon or firearm;

(3) is convicted of a felony in this State or another state;

(4) is committed to a mental institution.

(J) At least ninety days before a license expires, SLED shall mail to a licensee a written notice of the expiration and a renewal form prescribed by the division. The licensee must renew his license on or before the expiration date by filing with SLED the renewal form, a notarized affidavit stating that the licensee remains qualified pursuant to the criteria contained in this section, and a completed fingerprint card. The license must be renewed upon receipt of the completed renewal application, fingerprint card, and the renewal fee. Additionally, a licensee who fails to file a renewal application in a timely manner, must renew his license by paying a late fee of fifteen dollars. A license may not be renewed six months or more after its expiration date and is considered permanently expired. A person whose license is permanently expired may reapply for a license under the provisions contained in this section for a person applying for a license who has not been previously issued a license.

(K) A license issued pursuant to this section shall not authorize a licensee to carry a concealed weapon or firearm into a:

(1) police, sheriff, or highway patrol station;

(2) detention facility, prison, or jail;

(3) courthouse or courtroom;

(4) polling place;

(5) meeting of the governing body of a county, public school district, municipality, or special purpose district;

(6) meeting of the General Assembly or a committee of that body;

(7) school, college, or professional athletic event not related to firearms;

(8) school administration building;

(9) place licensed to dispense alcoholic beverages for consumption on the premises;

(10) secondary or elementary school facility;

(11) vocational or technical education facility;

(12) college or university facility unless the licensee is a registered student, employee, or faculty member of the institution and the weapon is a stun gun or nonlethal electric weapon or device designed for defensive purposes and the weapon does not fire a dart or projectile;

(13) passenger terminal of an airport, provided that a person must not be prohibited from carrying a legal firearm into the terminal encased for shipment purposes of checking the firearm as baggage to be lawfully transported on an aircraft;

(14) place where the carrying of firearms is prohibited by federal laws.

A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both at the discretion of the court.

(L) All money collected pursuant to this section must be deposited in the state general fund."

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