H 4463 General Bill, By J.L.M. Cromer
 A Bill to amend Section 23-31-120, Code of Laws of South Carolina, 1976,
 relating to permits to carry a concealed weapon, so as to make grammatical
 changes and to repeal the bond requirement.

   01/12/94  House  Introduced and read first time HJ-13
   01/12/94  House  Referred to Committee on Judiciary HJ-13
   02/09/94  House  Committee report: Favorable Judiciary HJ-21
   02/23/94  House  Debate adjourned until Thursday, February 24,
                     1994 HJ-33
   02/24/94  House  Amended HJ-407
   02/24/94  House  Read second time HJ-408
   03/01/94  House  Read third time and sent to Senate HJ-23
   03/02/94  Senate Introduced and read first time SJ-10
   03/02/94  Senate Referred to Committee on Judiciary SJ-10

AMENDED

February 24, 1994

H. 4463

S. Printed 2/24/94--H.

Read the first time January 12, 1994.

A BILL

TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO CARRY A CONCEALED WEAPON, SO AS TO MAKE GRAMMATICAL CHANGES AND TO REPEAL THE BOND REQUIREMENT.

Amend Title To Conform

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

SECTION 1. Section 23-31-120 of the 1976 Code is amended to read:

"Section 23-31-120. (a) (A) The State Law Enforcement Division may issue permits to a qualified persons person when the nature of their his business or employment requires that they are he is regularly exposed regularly to dangerous circumstances what are as determined by the division to be dangerous circumstances. Any A permit issued pursuant to item (12) of Section 16-23-20(12) shall must specify the conditions under which possession of the weapon is authorized.

(b) (B) The division shall conduct an investigation of the applicant as it considers necessary to determine his qualifications to obtain a permit. All applicants shall An applicant successfully must demonstrate to the chief of the division or his designee their his proficiency in both the use of pistols and the state laws pertaining thereto to pistols or complete a training course conducted by the division to insure ensure that the applicant is competent in the use, safety techniques, and legal responsibilities related to the carrying and use of weapons prior to before the issuance of a permit. The applicant shall must submit to the division, on a form provided by it, a complete set of fingerprints. If the applicant is found at that time not to be qualified for a permit and requests training, a fee of fifty dollars must be charged by the division for the training and must be paid to the division to be used to defray the cost of training. Any A person determined by the chief of the division to have had who has sufficient training from other sources as determined by the chief of the division or, upon examination by the chief of the division or his designee, to be is proficient in both the use of pistols and the state laws relating thereto to them, is not required to complete the training course. Fees and renewals for permits are thirty dollars payable to the division to defray the cost of issuing the permits and renewals. The permits are valid for two years. The chief of the division shall establish procedures for application for permits, the testing of applicants, and the issuance of permits and shall promulgate regulations therefor for them.

(c) All persons issued permits by the State Law Enforcement Division pursuant to subsection (a) of this section shall obtain and file with the Secretary of State, as a prerequisite to issuance of such permit, a bond in the amount of two thousand dollars for the purpose of guaranteeing payment up to such amount of any judgment obtained against such person arising out of the negligent or unlawful use of any pistol possessed and used by such person, whether such cause of action arises out of such person's official duties or otherwise. Such bond shall be issued by a commercial bonding company licensed by the State and it shall be issued for a period of time coterminous with the life of the permit. In the event any permit is cancelled, suspended or revoked by the division, such bond shall not be effective as to covered acts committed during such times as the permit is not in effect. Any person whose application has been denied may appeal such denial to the circuit court for the county of his residence and shall be heard as on certiorari."

SECTION 2. Section 23-1-70 of the 1976 Code is repealed.

SECTION 3. This act takes effect upon approval by the Governor.