S*0659(Rat #0201, Act #0154 of 2005)  General Bill, By Campsen, Scott, 
Alexander, Ryberg, J.V. Smith, Mescher, Drummond, Knotts, Malloy, Bryant, 
Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, 
Hawkins, Fair, O'Dell, McGill and Peeler
 AN ACT TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE
 THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT; AND TO AMEND CHAPTER 31,
 TITLE 23, RELATING TO FIREARMS, BY ADDING ARTICLE 8 SO AS TO PROVIDE CERTAIN
 DEFINITIONS, TO PROVIDE THAT AN AGENCY OR DEPARTMENT MUST ISSUE AN
 IDENTIFICATION CARD TO A PERSON WHO RETIRED FROM THAT AGENCY OR DEPARTMENT WHO
 IS A QUALIFIED RETIRED LAW ENFORCEMENT OFFICER, TO ALLOW THESE RETIRED
 OFFICERS TO CARRY A CONCEALED WEAPON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE
 THAT AN AGENCY OR DEPARTMENT THAT DOES NOT COMPLY WITH THIS PROVISION OF THIS
 SECTION IS NOT ELIGIBLE TO RECEIVE CERTAIN GRANTS AND IS NOT ENTITLED TO SEND
 INDIVIDUALS FOR TRAINING AND EDUCATION AT THE STATE CRIMINAL JUSTICE ACADEMY,
 TO PROVIDE THAT A REASONABLE FEE MAY BE CHARGED FOR THE ISSUANCE OF THE
 IDENTIFICATION CARD AND THAT AN AGENCY OR DEPARTMENT MUST PROVIDE THE RETIRED
 OFFICER THE OPPORTUNITY TO QUALIFY TO CARRY A FIREARM. - ratified title

   03/23/05  Senate Introduced and read first time SJ-16
   03/23/05  Senate Referred to Committee on Judiciary SJ-16
   04/19/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-13
   04/20/05  Senate Amended SJ-46
   04/20/05  Senate Read second time SJ-46
   04/21/05  Senate Read third time and sent to House SJ-13
   04/21/05         Scrivener's error corrected
   04/26/05  House  Introduced and read first time HJ-15
   04/26/05  House  Referred to Committee on Judiciary HJ-15
   05/26/05  House  Recalled from Committee on Judiciary HJ-43
   05/31/05  House  Debate adjourned HJ-95
   05/31/05  House  Amended HJ-107
   05/31/05  House  Read second time HJ-109
   06/01/05  House  Read third time and returned to Senate with
                     amendments HJ-14
   06/02/05  Senate House amendment amended SJ-121
   06/02/05  Senate Returned to House with amendments SJ-121
   06/02/05  House  Concurred in Senate amendment and enrolled HJ-67
   06/06/05         Ratified R 201
   06/10/05         Signed By Governor
   06/15/05         Copies available
   06/15/05         Effective date 06/10/05
   06/16/05         Act No. 154

(A154, R201, S659)

AN ACT TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT; AND TO AMEND CHAPTER 31, TITLE 23, RELATING TO FIREARMS, BY ADDING ARTICLE 8 SO AS TO PROVIDE CERTAIN DEFINITIONS, TO PROVIDE THAT AN AGENCY OR DEPARTMENT MUST ISSUE AN IDENTIFICATION CARD TO A PERSON WHO RETIRED FROM THAT AGENCY OR DEPARTMENT WHO IS A QUALIFIED RETIRED LAW ENFORCEMENT OFFICER, TO ALLOW THESE RETIRED OFFICERS TO CARRY A CONCEALED WEAPON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT AN AGENCY OR DEPARTMENT THAT DOES NOT COMPLY WITH THIS PROVISION OF THIS SECTION IS NOT ELIGIBLE TO RECEIVE CERTAIN GRANTS AND IS NOT ENTITLED TO SEND INDIVIDUALS FOR TRAINING AND EDUCATION AT THE STATE CRIMINAL JUSTICE ACADEMY, TO PROVIDE THAT A REASONABLE FEE MAY BE CHARGED FOR THE ISSUANCE OF THE IDENTIFICATION CARD AND THAT AN AGENCY OR DEPARTMENT MUST PROVIDE THE RETIRED OFFICER THE OPPORTUNITY TO QUALIFY TO CARRY A FIREARM.

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

Concealable weapons permit

SECTION    1.    Section 23-31-215(P) of the 1976 Code, as last amended by Act 274 of 2002, is further amended to read:

"(P)    A    permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a currently valid permit upon:

(1)    payment of a fifty dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;

(2)    completion of the renewal application; and

(3)    submission of a photocopy of the applicant's valid South Carolina driver's license or South Carolina identification card."

Savings clause

SECTION    2.    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.

Identification cards and firearms training

SECTION    3.    Chapter 31, Title 23 of the 1976 Code is amended by adding:

Section 23-31-600.    (A)    For purposes of this section:

(1)    'Identification card' is a photographic identification card complying with 18 U.S.C. Section 926C(d).

(2)    'Qualified retired law enforcement officer' means any retired law enforcement officer as defined in 18 U.S.C. Section 926C(c) who at the time of his retirement was certified as a law enforcement officer in this State and who was trained and qualified to carry firearms in the performance of his duties.

(B)    An agency or department within this State must comply with Section 3 of the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. Section 926C, by issuing an identification card to any person who retired from that agency or department and who is a qualified retired law enforcement officer. If the agency or department currently issues credentials to active law enforcement officers, then the agency or department may comply with the requirements of this section by issuing the same credentials to retired law enforcement officers. If the same credentials are issued, then the agency or department must stamp the credentials with the word 'RETIRED'.

(C)(1)    Subject to the limitations of subsection (E), a qualified retired law enforcement officer may carry a concealed weapon in this State if he possesses an identification card issued pursuant to subsection (C) along with a certification that he has, not less recently than one year before the date the individual is carrying the firearm, met the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

(2)    The firearms certification required by this subsection may be reflected on the identification card or may be in a separate document carried with the identification card.

(D)    The restrictions contained in Sections 23-31-220 and 23-31-225 are applicable to a person carrying a concealed weapon pursuant to this section.

(E)    The agency or department may charge the retired law enforcement officer a reasonable fee for issuing the identification card and must provide the retired officer with the opportunity to qualify to carry a firearm under the same standards for training and qualification for active law enforcement officers to carry firearms. However, the agency or department, as provided in 18 U. S. C. Section 926C(c)(5), may require the retired officer to pay the actual expenses of the training and qualification."

Time effective

SECTION    4.    This act takes effect upon approval by the Governor.

Ratified the 6th day of June, 2005.

Approved the 10th day of June, 2005.