Current Status Introducing Body:Senate Bill Number:872 Primary Sponsor:Mitchell Committee Number:11 Type of Legislation:GB Subject:Pistol applicant requirements Residing Body:Senate Computer Document Number:DKA/3279.AL Introduced Date:Apr 10, 1991 Last History Body:Senate Last History Date:Apr 10, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Mitchell Type of Legislation:General Bill
Bill Body Date Action Description CMN
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872 Senate Apr 10, 1991 Introduced, read first time, 11
referred to Committee
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TO AMEND SECTION 23-31-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION AND RESTRICTIONS TO PURCHASE A PISTOL, SO AS TO REQUIRE A FINGERPRINT CARD AND PHOTOGRAPH OF ALL APPLICANTS, PROVIDE A SEVEN-DAY WAITING PERIOD FROM DATE OF APPLICATION TO DATE OF PURCHASE, AND REQUIRE LAW ENFORCEMENT AUTHORITIES TO CHECK FOR FELONY CRIMINAL CONVICTIONS AND REPORT TO THE DEALER WITHIN THE SEVEN-DAY PERIOD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-31-140 of the 1976 Code is amended to read:
"Section 23-31-140. (A) Prior to the purchase of Before purchasing a pistol, the purchaser shall complete an application in triplicate in the presence of 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(a), (b), (c), or (d), and that he has not purchased a pistol within the previous thirty days;
(9) the signatures of applicant signature and the dealer dealer's signature; and
(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 and seven days have elapsed from the date of the application.
(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.
(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. The person may obtain a special permit which will to 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 The special permit must contain such the 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 the information as may be required by the division.
(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 the information as may be required by the division.
(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.
(G) Upon proper completion of the application, the dealer shall submit immediately 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 The division must search all federal and state files and records to determine if the applicant is a person falling within the classifications set forth in Section 16-23-30. The division shall issue a report of its findings to the dealer within seven days of the date of the application. The report must be kept with the dealer's copy of the application. If the report reveals that the applicant is within a classification listed in Section 16-23-30, a pistol may not be sold to him. A firearm transaction record properly completed by the purchaser and the dealer must be submitted to the division upon completion of the sales transaction.
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. This act takes effect upon approval by the Governor.