Current Status Bill Number:681 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950329 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:dka\3853cm.95 Companion Bill Number:3730, 680 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Law Abiding Citizens Self-Defense Act of 1995
Body Date Action Description Com Leg Involved
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Senate 19950329 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-205. This article may be cited as the `Law Abiding Citizens Self-Defense Act of 1995'.
Section 23-31-210. As used in this article:
(1) `Resident' means an individual who is a resident of South Carolina for at least one hundred eighty days preceding the date on which an application to carry a weapon is submitted under this section.
(2) `Picture identification' means:
(a) a valid South Carolina driver's license; or
(b) an official photographic identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State.
(3) `Proof of residence' means a person's current address on the original or certified copy of:
(a) a valid South Carolina driver's license;
(b) an official identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State;
(c) a voter registration card; or
(d) another document that SLED may determine that fulfills this requirement.
(4) `Proof of training' means an original document or certified copy of the document supplied by an applicant that certifies that he is either:
(a) a person who, within three years before filing an application, has completed a basic or advanced firearms education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety;
(b) an instructor certified by the National Rifle Association or another competent national organization that promotes the safe use of firearms;
(c) a person who, within three years before filing an application, has completed the South Carolina hunter education course or is an instructor for this program;
(d) an active duty police firearms instructor;
(e) a person who has a competitive shooting classification;
(f) a member of the active or reserve military, or a member of the National Guard.
(5) `Concealable weapon' means a weapon having a length of less than twelve inches measured along its greatest dimension.
Section 23-31-215. (A) Notwithstanding another provision of law, a permit to carry a concealable weapon must be issued by SLED to a resident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:
(1) a completed application signed by the person;
(2) three current one inch by one inch full face color photographs of the person;
(3) proof of residence;
(4) proof of training; and
(5) payment of a twenty-five dollar application fee.
(B) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within thirty days from the date the application was received, otherwise SLED shall issue a concealable weapon permit.
(C) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Circuit Court.
(D) SLED shall make permit applications available to the public. A permit application form shall require an applicant to supply:
(1) name, including maiden name if applicable;
(2) date and place of birth;
(3) sex;
(4) race;
(5) height;
(6) weight;
(7) eye and hair color;
(8) current residence address; and
(9) all residence addresses for the three years preceding the application date.
(E) The permit application form shall require the applicant to certify that:
(1) he is not a person prohibited under state law from possessing a weapon;
(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon; and
(3) all information contained in his application is true and correct to the best of his knowledge.
(F) Medical personnel, law enforcement agencies and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit.
(G) A permit application must be submitted in person or by mail to SLED headquarters which shall verify the legibility and accuracy of the required documents.
(H) SLED shall maintain a list of all permit holders and the current status of each permit. The list of permit holders must be treated by SLED and by all law enforcement agencies which receive a copy of a portion of it as confidential and exempt from release pursuant to the Freedom of Information Act request or other action seeking to compel release in order to protect the legitimate privacy rights of permit holders.
(I) A permit is valid statewide unless revoked because the person has:
(1) become a person prohibited under state law from possessing a weapon;
(2) moved his permanent residence to another state; or
(3) voluntarily surrendered the permit.
Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED.
(J) A permit holder must have the permit identification card in possession whenever he is carrying a concealed weapon. A permit holder must present the permit identification card to a law enforcement office upon request when the permit holder is carrying a concealed weapon. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters.
(K) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards. A five dollar replacement fee is charged. Change of permanent address within South Carolina must be communicated in writing to SLED within ten days of the change with a fee of five dollars. SLED shall then issue a new permit with the new address. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder at which time it must be destroyed by the permit holder.
(L) Possession of a permit issued under this section does not authorize the permit holder to carry a concealed weapon into a facility or on board an aircraft where prohibited by state or federal law.
(M) Valid permits to carry concealed weapons held by residents of and issued by states which honor permits issued in accordance with this section must be honored by this State. SLED shall maintain a list of those states with which South Carolina has reciprocity, and shall make that list available to the public.
(N) A permit issued pursuant to this article is not required for persons:
(1) identified in Section 16-23-20;
(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as `pepper gas';
(3) carrying a concealable weapon in a manner not prohibited by law."
SECTION 2. This act takes effect upon approval by the Governor.