Current Status Bill Number:3068 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Baxley All Sponsors:Baxley, Neilson, S. Whipper, Hines Drafted Document Number:PFM\7009SD.95 Companion Bill Number:234 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Pistols, lost or stolen
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941214 Prefiled, referred to Committee 25 HJ
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-210 SO AS TO PROVIDE THAT ANY PERSON WHO POSSESSES A PISTOL THAT BECOMES LOST OR STOLEN, WHETHER OR NOT HE HAS BEEN ISSUED A PERMIT THEREFOR AS PROVIDED BY LAW, SHALL REPORT SUCH FACT TO THE APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY AND TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FIVE DAYS AFTER HE DETERMINES IT HAS BEEN LOST OR STOLEN, TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION SHALL MAINTAIN THIS INFORMATION FOR USE BY LOCAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES AND PROSECUTORS IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR FAILURE TO MAKE SUCH REPORT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 23-31-210. (A) Any person who possesses a pistol that becomes lost or stolen, whether or not a permit to own and possess it pursuant to this article has been issued, shall report such fact to the local law enforcement agency having jurisdiction in the locality in which that person resides or is located if different from his place of residence and to the State Law Enforcement Division within five days after he determines that the pistol has been lost or stolen. The report shall include the serial number of the pistol, if known, and such other information as the local law enforcement agency and the State Law Enforcement Division shall require.
(B) The State Law Enforcement Division shall maintain this information in its computer memory bank which shall be made available to local, state, and federal law enforcement agencies and prosecutors in the performance of their official duties.
(C) Any person violating the provisions of subsection (A) is subject to a civil penalty of fifty dollars per day for each day after the fifth day the loss or theft of the pistol remains unreported up to a maximum civil penalty of five hundred dollars. This civil penalty may be assessed and collected by the State Law Enforcement Division. In addition, any person violating the provisions of this article is guilty of a misdemeanor and upon conviction must be fined not more than two hundred dollars or imprisoned for not more than thirty days. Each violation of subsection (A) constitutes a separate offense."
SECTION 2. This act takes effect upon approval by the Governor.