South Carolina General Assembly
109th Session, 1991-1992

Bill 652


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    652
Primary Sponsor:                Lourie
Type of Legislation:            GB
Subject:                        Weapon laws
Residing Body:                  Senate
Computer Document Number:       652
Introduced Date:                Feb 13, 1991
Last History Body:              Senate
Last History Date:              Mar 18, 1992
Last History Type:              Committee Report:   Favorable with
                                                         amendment
Scope of Legislation:           Statewide
All Sponsors:                   Lourie
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 652   Senate  Mar 18, 1992  Committee Report: Favorable     11
                             with amendment
 652   Senate  Feb 13, 1991  Introduced, read first time,    11
                             referred to Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

iIndicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 18, 1992

S. 652

Introduced by SENATOR Lourie

S. Printed 3/18/92--S.

Read the first time February 13, 1991.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 652), to amend Section 23-31-140, Code of Laws of South Carolina, 1976, relating to the purchasing of a pistol, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

/A BILL

TO AMEND SECTION 23-31-110(c), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF CRIME OF VIOLENCE CONTAINED IN THE ARTICLE RELATING TO THE REGULATION OF PISTOLS, SO AS TO PROVIDE THAT THE TERM "CRIME OF VIOLENCE" MEANS ANY CRIME SET FORTH IN SECTION 16-1-60 AND ANY STATE OR FEDERAL OFFENSE PUNISHABLE BY IMPRISONMENT OF TWO YEARS OR MORE AND TO EXCLUDE CERTAIN CRIMES FROM THE DEFINITION; TO AMEND SECTION 23-31-140, RELATING TO THE PURCHASE OF A PISTOL, SO AS TO PROVIDE FOR AN INSTANT CHECK SYSTEM; AND TO AMEND SECTION 16-23-10(c), RELATING TO THE DEFINITION OF CRIME OF VIOLENCE CONTAINED IN THE ARTICLE ON PISTOLS, SO AS TO PROVIDE THAT THE TERM "CRIME OF VIOLENCE" MEANS ANY CRIME SET FORTH IN SECTION 16-1-60 AND ANY STATE OR FEDERAL OFFENSE PUNISHABLE BY IMPRISONMENT OF TWO YEARS OR MORE AND TO EXCLUDE CERTAIN CRIMES FROM THE DEFINITION.

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

SECTION 1. Section 23-31-110(c) of the 1976 Code is amended to read:

"(c) The term `crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year any crime delineated as a violent crime in Section 16-1-60 as well as any state or federal offense punishable by a term of imprisonment of two years or more. The term `crime of violence' does not include negligent manslaughter arising out of traffic accidents or any offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices."

SECTION 2. Section 23-31-140 of the 1976 Code is amended to read:

"(A) Prior to Before the purchase of a pistol, the purchaser shall must complete an application in triplicate in the presence of the dealer. Upon proper completion of the application, the dealer must: (1) submit the original application to the division by the end of the dealer's next business day; (2) retain a copy for his records; and (3) give a copy to the applicant. The application to be submitted to the division must be accompanied by a firearm transaction record properly completed by the purchaser and the dealer. The application to be furnished by the division must contain the applicant's: (1) the applicant's name; (2) the applicant's residence and business address; (3) the applicant's date and place of birth; (4) the applicant's social security number; (5) the applicant's South Carolina driver's license number or South Carolina Department of Highways and Public Transportation identification card number or, in the case of an applicant on active duty in the military, the number from the applicant's current military identification card; (6) the applicant's physical description; (7) the applicant's fingerprint card and photograph of applicant if applicant does not have items (4) and (5); (8) a signed sworn statement by the applicant that he is not within any classification set forth in item items (a), (b), (c), or (d) of Section 16-23-30, and that he has not purchased a pistol within the previous thirty days; (9) a provision signed by the purchaser that he consents to have the dealer obtain criminal history record information; (10) the type, model, caliber, serial number, and manufacturer of the pistol which the applicant is applying to purchase; (11) the signatures of the applicant and the dealer; and (10) (12) and such other personal identifying information as may be required by the division.

(B) No person is allowed to purchase a pistol from a dealer unless he has fully completed the application. No dealer shall sell a pistol to a purchaser until the purchaser has completed the application as specified in subsection (A) and the dealer has requested and received criminal history record information by telephone call to a toll-free access number provided by the division. Upon receipt of a request for a criminal history record information check, the division shall (1) review its criminal history record information to determine if the purchaser is prohibited from possessing or acquiring a pistol under items (a), (b), (c), or (d) of Section 16-23-30, (2) inform the dealer if the division's record indicates that the buyer is so prohibited, and (3) provide the dealer with a unique reference number for each individual inquiry.

(C) No person is allowed to purchase more than one pistol on each application and no person is allowed to purchase more than one pistol during each thirty-day period. The division must provide its response to the requesting dealer during the dealer's call, or by return call without delay. If the criminal history record information check indicates the prospective purchaser is not prohibited from possessing or acquiring a pistol under items (a), (b), (c), or (d) of Section 16-23-30, a dealer who has met the requirements of this section may immediately complete the sale and shall not be deemed in violation of this section with respect to such sale. If the criminal history record information check indicates the prospective purchaser is a person classified under items (a), (b), (c), or (d) of Section 16-23-30, the division shall have until the end of the dealer's next business day to advise the dealer whether or not the purchaser is prohibited from possessing or acquiring a pistol under items (a), (b), (c), or (d) of Section 16-23-30. If not so advised by the end of the dealer's next business day, a dealer who has met the requirements of this section may immediately complete the sale and shall not be deemed in violation of this section with respect to such sale. In case of electronic failure or other circumstances beyond the control of the division, the dealer must be advised immediately of the reason for the delay and be given an estimate of the length of the delay. After such notification, the division must, as soon as possible but in no event later than the end of the dealer's next business day, inform the requesting dealer if its records indicate the buyer is prohibited from possessing or acquiring a pistol under items (a), (b), (c), or (d) of Section 16-23-30. A dealer who meets the requirements of this section and is informed by the division that a response will not be available by the end of the dealer's next business day may immediately complete the sale and shall not be deemed in violation of this section with respect to such sale.

(D) The provisions of subsection (C) do not apply to (1) a law enforcement agency provided that the conditions of subsection (E) are met, (2) an agency duly authorized to perform law enforcement duties, (3) county and municipal penal facilities and the State Department of Corrections, (4) a private security company licensed to do business within this State, or (5) a person whose pistol is stolen or irretrievably lost and who feels that it is essential that he immediately purchase a pistol may obtain a special permit which will enable him to purchase a pistol upon his sworn affidavit to the chief of police, or his designated agent, of the municipality in which the applicant resides or if the applicant resides outside the corporate limits of a municipality, to the sheriff, or his designated agent, of the county in which the applicant resides. This affidavit must cite the facts and reasons why the applicant cannot wait for a thirty-day period to purchase a pistol. This special permit must contain such information as required by the division and must be on a form furnished by the division. The issuing officer shall retain a copy of the permit and forward a copy to the Division. The application must be signed by the dealer effecting the sale and must contain such information as may be required by the division.

Except as otherwise required by law, the division shall not maintain records longer than thirty days from any dealer's request for a criminal history record information check pertaining to a purchaser who is not found to be prohibited from possessing or acquiring a pistol under items (a), (b), (c), or (d) of Section 16-23-30. However, the log which lists requests made by dealers may be maintained for a period of twelve months.

(E) A law enforcement agency or a private security company licensed under the provisions of Title 40, Chapter 17, may purchase more than one pistol during a thirty-day period as long as the following conditions are met: (1) the pistols purchased are for use in this State; (2) ownership of the pistols is retained by the law enforcement agency or licensed security company; (3) multiple purchases under this provision must be made on a special application form to be provided by the division; (4) the multiple purchase form is signed by the chief of the law enforcement agency or the chief executive officer of the licensed private security company, whose name appears on the company license; (5) the number of pistols purchased may not exceed the number of security guards registered under the provisions of Title 40, Chapter 17, and employed in this State; (6) a letter of authorization, in triplicate, signed by the agency director, company representative, or their designees, certifying the purchaser to be a representative of the agency or company with delegated authority to purchase pistols for the agency or company. The letter of authorization must contain such information as may be required by the division. Upon receipt of the application form required by subsection (A), the division shall immediately initiate a search of all available information to determine if the purchaser is prohibited from possessing or acquiring a pistol under items (a), (b), (c), or (d) of Section 16-23-30. If the search discloses information indicating that the purchaser is so prohibited from possessing or acquiring a pistol, the division shall inform a law enforcement agency in the county where the sale occurred and the dealer without delay.

(F) No person is allowed to purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Highways and Public Transportation identification card constitutes proof of residency. No person is allowed to purchase more than one pistol on each application, and no person is allowed to purchase more than one pistol during each thirty-day period.

(G) Upon proper completion of the application the dealer shall submit the original application to the division, retain a copy for his records, and give a copy to the applicant upon his purchase of a pistol. The application to be submitted to the division must be accompanied by a firearm transaction record properly completed by the purchaser and the dealer.

For purposes of this section, the purchase of a pistol does not include the redeeming of a pistol by its owner after it has been pledged to secure a loan. The provisions of subsection (F) do not apply to (1) a law enforcement agency provided that the conditions of subsection (H) are met, (2) an agency duly authorized to perform law enforcement duties, (3) county and municipal penal facilities and the State Department of Corrections, (4) a private security company licensed to do business within this State, or (5) a person whose pistol is stolen or irretrievably lost and who feels that it is essential that he immediately purchase a pistol may obtain a special permit which will enable him to purchase a pistol upon his sworn affidavit to the chief of police, or his designated agent, of the municipality in which the applicant resides or if the applicant resides outside the corporate limits of a municipality, to the sheriff, or his designated agent, of the county in which the applicant resides. This affidavit must cite the facts and reasons why the applicant cannot wait for a thirty-day period to purchase a pistol. This special permit must contain such information as required by the division and must be on a form furnished by the division. The issuing officer shall retain a copy of the permit and forward a copy to the division. The application must be signed by the dealer effecting the sale and must contain such information as may be required by the division.

(H) A law enforcement agency or a private security company licensed under the provisions of Title 40, Chapter 17, may purchase more than one pistol during a thirty-day period as long as the following conditions are met: (1) the pistols purchased are for use in this State; (2) ownership of the pistols is retained by the law enforcement agency or licensed security company; (3) multiple purchases under this provision must be made on a special application form to be provided by the division; (4) the multiple purchase form is signed by the chief of the law enforcement agency or the chief executive officer of the licensed private security company, whose name appears on the company license; (5) the number of pistols purchased may not exceed the number of security guards registered under the provisions of Title 40, Chapter 17, and employed in this State; (6) a letter of authorization, in triplicate, signed by the agency director, company representative, or their designees, certifying the purchaser to be a representative of the agency or company with delegated authority to purchase pistols for the agency or company. The letter of authorization must contain such information as may be required by the division.

(I) No person may purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Highways and Public Transportation identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the military and who is in possession of a current military identification card.

(J) For purposes of this section, the purchase of a pistol does not include the redeeming of a pistol by its owner after it has been pledged to secure a loan.

(K) The division shall assess a dealer a ten-dollar processing fee for each criminal history record information check request the division receives from that dealer.

(L) Any dealer who wilfully and intentionally requests, obtains, or seeks to obtain criminal history record information under false pretenses, or who wilfully and intentionally disseminates or seeks to disseminate criminal history record information except as authorized in this section is guilty of a misdemeanor and, upon conviction, must be imprisoned for not more than thirty days or fined not more than one hundred dollars, or both, in the discretion of the court.

(M) An employee of the division responsible for making a determination of whether or not an applicant or purchaser is prohibited from acquiring or possessing a pistol under items (a), (b), (c), or (d) of Section 16-23-30 is immune from liability pursuant to the S.C. Tort Claims Act, Section 15-78-10 et seq.

(N) The division is hereby authorized to promulgate regulations to implement the provisions of this section.

SECTION 3. Section 16-23-10(c) of the 1976 Code is amended to read:

"(c) The term `crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year any crime delineated as a violent crime in Section 16-1-60 as well as any state or federal offense punishable by a term of imprisonment of two years or more. The term `crime of violence' does not include negligent manslaughter arising out of traffic accidents or any offense pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices."

SECTION 4. Upon approval by the Governor, this act takes effect January 1, 1993./ .

JOHN A. MARTIN, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

1. Estimated Cost to State-First Year $-0-

2. Estimated Cost to State-Annually

Thereafter $See Below

S. 652 amends Section 23-31-140 and 16-23-490 of the South Carolina Code of Laws. Section 23-31-140 amends the requirements for the purchase of a pistol by requiring the submission of an application to SLED for investigation and approval prior to the final sale. Section 16-23-490 amends the mandatory prison sentence to five consecutive years for those offenders found guilty of possession or display of what appears to be a firearm during the commission of a violent crime.

The amendment to Section 23-31-149 requires the purchaser of a pistol to complete an application in the presence of the dealer. This application must be forwarded to SLED for approval or denial prior to the final sale. SLED must return within 14 working days from the date reflected on the return certified mail receipt or automatic approval is given. This bill requires SLED to complete an investigation to verify the validity of the information provided on the applications prior to approval or denial. To complete this investigation it will be necessary for SLED to dedicate staff to these investigations. No cost to the General Fund will be associated with this increased workload due to the required processing fee assessed to the purchaser. Each purchaser must pay a $15 processing fee of which $10 will be forwarded to SLED. The remaining $5 will be retained by the dealer.

Section 16-23-490 is amended to require the five year mandatory sentence presently required for all offenders found guilty of possession of or display of what appears to be a firearm during the commission of a violent crime to be served "consecutively" as opposed to "consecutively or concurrently". It also provides a specific definition of the word firearm.

In FY 90, according to SCDC, 6 inmates convicted of a violent crime while in possession of or displaying what appears to be a firearm, were sentenced to serve concurrent sentences. Using the sentencing information known about those 6 inmates the following future cost to the General Fund would be incurred.

Fiscal Additional Cost Per

Year Inmates Inmate

1995 1$15,845

1996 3$16,637

1997 4$17,469

1998 4$18,342

. . .

. . .

200414$24,581

200515$25,810

200615$27,101

Additional Cumulative

Fiscal Operating Operating

YearCostCost

1995 $ 15,845 $ 15,845

1996 $ 49,911 $ 65,756

1997 $ 69,876 $ 135,632

1998 $ 73,368 $ 209,000

. . .

. . .

2004 $344,134 $1,450,719

2005 $387,150 $1,837,869

2006 $406,515 $2,244,384

The construction cost of 15 beds is estimated at $690,000 based on an average bed cost of $46,000 (for a 1200-bed medium/maximum security facility in 1992 dollars).

Prepared By: Approved By:

Susan Dewitt George N. Dorn, Jr.

State Budget Analyst State Budget Division

A BILL

TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASING OF A PISTOL, SO AS TO PROVIDE FOR THE PURCHASING OF A PISTOL AFTER MAKING APPLICATION TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, AND TO PROVIDE FOR THE APPROVAL OF SUCH APPLICATIONS AND TO AMEND SECTION 16-23-490, RELATING TO THE ADDITIONAL PENALTY FOR THE POSSESSION OF A FIREARM DURING THE COMMISSION OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT A VIOLENT CRIME WHILE IN THE POSSESSION OF A FIREARM OR WHO VISIBLY DISPLAYS A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME MUST RECEIVE AN ADDITIONAL FIVE YEAR MANDATORY TERM OF IMPRISONMENT TO BE SERVED CONSECUTIVELY, AND TO PROVIDE CONDITIONS OF THIS ADDITIONAL SENTENCE.

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

SECTION 1. Section 23-31-140(A), (B), and (G) of the 1976 Code is amended to read:

"(A) Prior to the purchase of a pistol, the purchaser shall must complete an application in triplicate in the presence of the dealer. The dealer must immediately forward the completed application materials by certified mail to the State Law Enforcement Division, except that the dealer must retain a copy of the application and the receipt of certified mail for his records until such time as the purchaser's application is approved or disapproved. Each purchaser, at the time of application, must pay a processing fee of fifteen dollars of which ten dollars must be forwarded to the State Law Enforcement Division and five dollars must be retained by the dealer. The application to be furnished by the division must contain the applicant's (1) name; (2) residence and business address; (3) date and place of birth; (4) social security number; (5) South Carolina driver's license number or South Carolina Department of Highways and Public Transportation identification card number; (6) physical description; (7) fingerprint card and photograph of applicant if applicant does not have items (4) and (5); (8) a signed sworn statement by the applicant that he is not within any classification set forth in item (a), (b), (c), or (d) of Section 16-23-30, and that he has not purchased a pistol within the previous thirty days; (9) the signatures of applicant and the dealer; (10) and such other personal identifying information as may be required by the division.

(B) No person is allowed to purchase a pistol from a dealer unless he has fully completed the application for at least fourteen working days from the date of the return receipt of the certified mailing as required in item (A) and only then if the application has been approved by the South Carolina Law Enforcement Division.

The division must investigate a purchaser's eligibility to purchase a pistol under the provisions of this section, and if requested by the division, a local law enforcement agency must promptly provide assistance in investigating a purchaser's eligibility to purchase a pistol.

(G) Upon proper completion of the application the dealer shall submit the original application to the division, retain a copy for his records, and give a copy to the applicant upon his purchase of a pistol. The application to be submitted to the division must be accompanied by a firearm transaction record properly completed by the purchase and the dealer.

The division must return the original application and provide written notification to the dealer within fourteen days indicating whether the 3application is approved or disapproved. If the application is disapproved, the reason shall be stated. In either event, the signature of the director of the division or his authorized agent must accompany the action. If the division fails to return the application to the dealer within the fourteen day period, the application is deemed to be approved.

For purposes of this section, the purchase of a pistol does not include the redeeming of a pistol by its owner after it has been pledged to secure a loan."

SECTION 2. Section 16-23-490 of the 1976 Code is amended to read:

"Section 16-23-490. Any person who is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, if the person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of the violent crime, shall must, in addition to the punishment provided for the crime, be punished by a term of imprisonment of five years; provided, that this five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.

Service of this five-year sentence is mandatory, no part of which may be suspended nor probation granted. unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may must impose this mandatory five-year sentence to run consecutively. or concurrently. The person so sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. Such five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits; however, the person may earn credits earned during this period.

As used in this section, `firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; `knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.

No such additional punishment may be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60.

As used in this section, `firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; `knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound."

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

-----XX-----