Current Status Bill Number:4067 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:D. Smith All Sponsors:D. Smith Drafted Document Number:DKA\3899CM.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Weapons
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-425 SO AS TO PROVIDE THE CIRCUMSTANCES IN WHICH A PERSON MAY CARRY A CONCEALED OR NONCONCEALED WEAPON; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES AND DISPOSITION OF FINES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A WEAPON, SO AS TO PROVIDE THAT THE UNLAWFUL CARRYING OF A PISTOL IS A FELONY; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF "WEAPON" AND THE CONFISCATION AND DISPOSITION OF WEAPONS USED DURING THE COMMISSION OR IN THE FURTHERANCE OF CRIME, SO AS TO REVISE THE DEFINITION OF "WEAPON"; TO AMEND SECTION 16-23-410, AS AMENDED, RELATING TO POINTING A FIREARM AT A PERSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO CARRYING OR DISPLAYING FIREARMS IN PUBLIC BUILDINGS OR ADJACENT BUILDINGS, SO AS TO REVISE THE AREAS WHERE A PERSON MAY NOT CARRY A WEAPON, THE TYPES OF WEAPONS THAT MAY NOT BE CARRIED, THE PENALTIES FOR CARRYING AN UNLAWFUL WEAPON, AND PERSONS WHO MAY CARRY A WEAPON; TO AMEND SECTION 16-23-440, AS AMENDED, RELATING TO DISCHARGING A FIREARM AT OR INTO A DWELLING OR OCCUPIED STRUCTURE AND THE PENALTIES FOR VIOLATING THIS PROVISION, SO AS TO REVISE THE PLACES A FIREARM MUST NOT BE DISCHARGED, REVISE THE PENALTIES, AND TO PROVIDE THAT CERTAIN PERSONS ARE EXEMPT FROM THIS PROVISION; TO REPEAL SECTION 16-23-20 RELATING TO THE UNLAWFUL CARRYING OF A PISTOL; AND TO REPEAL SECTION 16-23-460 RELATING TO CARRYING CONCEALED WEAPONS AND FORFEITURE OF CONCEALED WEAPONS UNDER CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-23-425. It is unlawful for a person to carry a concealed or nonconcealed weapon on himself except under the following circumstances:
(1) regular, salaried law enforcement officers of a municipality, county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are performing official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources within their territorial jurisdictions, and reserve police officers while serving and functioning as law enforcement officers as authorized by Section 23-28-10 et seq;
(2) members of the Armed Forces of the United States or of the National Guard, organized reserves, or the State Militia when on duty;
(3) members of organizations authorized by law to purchase or receive firearms from the United States or this State, or regularly enrolled members of clubs organized for the purpose of target shooting or collecting modern and antique firearms while the members are at or going to or from their places of target practice or their shows and exhibits;
(4) licensed hunters or fishermen while engaged in hunting or fishing and going to and from their places of hunting or fishing;
(5) a person regularly engaged in the business of manufacturing, repairing, repossession, or dealing in firearms, or the agent or representative of the person while possessing, using, or carrying a weapon in the usual or ordinary course of the business;
(6) guards engaged in protection of property of the United States or a federal agency;
(7) any authorized military or civil organizations while parading or its members when going to and from the places of meeting of their respective organizations;
(8) a person in his home, or upon his real property, or fixed place of business;
(9) a person in a vehicle where the weapon is secured in a closed glove compartment or closed trunk;
(10) a person carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of his residence or the changing or moving of his fixed place of business;
(11) a prison guard while engaged in his official duties;
(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol in circumstances and under conditions set forth in the permit.
Persons authorized to carry weapons pursuant to items (6) and (12) of this section may exercise the privilege only after acquiring a permit from the State Law Enforcement Division as provided for in Article 3 of Chapter 31 of Title 23."
SECTION 2. Section 16-23-50(A) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both."
SECTION 3. Section 16-23-405 of the 1976 Code is amended to read:
"Section 16-23-405. (1)(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, As used in this chapter, `weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, a dirk, slingshot, metal knuckles, razor, or any other another type of device or object which may be used to inflict bodily injury or death.
(2)(B) Any A person convicted of a crime, in addition to any penalty, shall have any a weapon used in the commission or in furtherance of the crime confiscated. Each such weapon must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that received the confiscated weapons shall use them within their departments, transfer them to another law enforcement agency for their lawful use, or transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500. Firearms seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory."
SECTION 4. Section 16-23-410 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-410. It is unlawful for a person to present or point at another person a loaded or unloaded firearm.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court not more than five thousand dollars or imprisoned not more than five twenty years. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances."
SECTION 5. Section 16-23-420 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into a private or public school, college, or university building, or any a publicly owned building, or have in his possession in the area immediately adjacent to these buildings, or in the area designated as the grounds surrounding the buildings, a firearm of any kind weapon defined in Section 16-23-405, without the express permission of the authorities in charge of the buildings.
(B) It is unlawful for a person to carry into a public or privately owned building, establishment, or business, or to have in his possession in the area immediately adjacent to these buildings or in the area designated as the grounds surrounding the buildings, a weapon as defined in Section 16-23-405, without the express permission of the authorities in charge of the buildings.
(C) It is unlawful for a person to enter these buildings, establishments, or businesses, or the immediately adjacent areas, or the area designated as the grounds surrounding the buildings, and to display, brandish, or threaten others with a firearm weapon.
(C)(D) A person who violates the provisions subsection (A), (B), or (C) of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or and imprisoned not more than five years, or both.
(E) A person who violates subsection (C) of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars and must be imprisoned not more than fifteen years.
(D)(F) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in apartments provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section person identified in Section 16-23-425."
SECTION 6. Section 16-23-440 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-23-440. (A) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at, or into, or inside a public or private dwelling house or other building or structure regularly occupied by persons.
(B) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms on or into the public streets, highways, pathways, or other property not owned by the person, provided that licensed hunters or fishermen while hunting or fishing on property owned by other persons may discharge a firearm on that property with the permission of the owner of the property, but not into neighboring properties.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one five thousand dollars or imprisoned not more than ten thirty years, or both.
(D) This section does not apply to law enforcement officers, guards, or members of the armed forces, while acting in the line of duty. This section must not be construed to abridge the right of self-defense."
SECTION 7. Sections 16-23-20 and 16-23-460 are repealed.
SECTION 8. This act takes effect upon approval by the Governor.