Current Status Bill Number:332 Ratification Number:347 Act Number:297 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970206 Primary Sponsor:Hayes All Sponsors:Hayes Drafted Document Number:dka\4015cm.97 Companion Bill Number:3547 Date Bill Passed both Bodies:19980408 Date of Last Amendment:19980402 Governor's Action:S Date of Governor's Action:19980527 Subject:Pistol, confiscated; transferred to mayor or clerk of court for disposal; Concealable Weapons Permits, Law Enforcement
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19980611 Act No. A297
------ 19980527 Signed by Governor
------ 19980521 Ratified R347
House 19980408 Concurred in Senate amendment,
enrolled for ratification
Senate 19980402 House amendments amended,
returned to House with amendment
House 19980401 Read third time, returned to Senate
with amendment
House 19980331 Amended, read second time
House 19980325 Committee report: Favorable with 25 HJ
amendment
House 19980128 Introduced, read first time, 25 HJ
referred to Committee
Senate 19980128 Read third time, sent to House
Senate 19980127 Read second time
Senate 19980127 Committee amendment adopted
Senate 19980121 Committee report: Favorable with 11 SJ
amendment
Senate 19970206 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
(A297, R347, S332)
AN ACT TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED BY THE LAW ENFORCEMENT AGENCY THAT CONFISCATED THE WEAPON, AND TO PROVIDE THAT A WEAPON MUST NOT BE DISPOSED OF IN ANY MANNER UNTIL A FINAL DETERMINATION OF ANY LEGAL PROCEEDING IT MAY BE INVOLVED IN IS ISSUED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED BY THE LAW ENFORCEMENT AGENCY THAT CONFISCATED THE WEAPON, AND TO PROVIDE THAT A WEAPON MUST NOT BE DISPOSED OF UNTIL A FINAL DETERMINATION OF ANY LEGAL PROCEEDING IT MAY BE INVOLVED IN IS ISSUED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS OR HANDGUNS DECLARED TO BE CONTRABAND, SO AS TO PROVIDE THAT THESE WEAPONS MUST BE FORFEITED TO OR SEIZED BY A MUNICIPAL OR COUNTY LAW ENFORCEMENT AGENCY, TO NOT ALLOW THESE WEAPONS TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED AFTER A FINAL DETERMINATION OF ANY LEGAL PROCEEDING THEY MAY BE INVOLVED IN IS ISSUED; TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS; AND TO ADD SECTION 23-31-240 SO AS TO PROVIDE THAT CERTAIN ACTIVE JUDGES, SOLICITORS, ASSISTANT SOLICITORS, AND WORKERS' COMPENSATION COMMISSIONERS WHO POSSESS A VALID CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ANYWHERE IN THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Disposal of confiscated pistols
SECTION 1. Section 16-23-50(B) of the 1976 Code is amended to read:
(B) In addition to the penalty provided in this section, the pistol involved in the violation of this article must be confiscated. The pistol 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 agency that receives the confiscated pistol may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols in this State for a pistol or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article.
Disposal of confiscated weapons
SECTION 2. Section 16-23-405(2) of the 1976 Code is amended to read:
"(2) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated. Each 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 agency that receives the confiscated weapon may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols in this State for a pistol or other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. A firearm seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory."
Disposal of forfeited or seized pistols or handguns
SECTION 3. Section 23-31-180 of the 1976 Code is amended to read:
"Section 23-31-180. No licensed retail dealer may hold, store, handle, sell, offer for sale, or otherwise possess in his place of business a pistol or other handgun which has a die-cast, metal alloy frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit.
A pistol or other handgun possessed or sold by a dealer in violation of this article is declared to be contraband and must be forfeited to or seized by the law enforcement agency in the municipality where forfeited or seized or to the law enforcement agency in the county where forfeited or seized if forfeited or seized outside a municipality. The weapon must be destroyed by the law enforcement agency which seized the weapon or the law enforcement agency to which the weapon is forfeited. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined.
However, a law enforcement agency may use the weapon for display purposes after the weapon has been rendered inoperable."
Repeal
SECTION 4. Section 16-23-500 of the 1976 Code is repealed.
Concealable weapon permit
SECTION 5. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-240. Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State, when carrying out the duties of their office:
(1) active Supreme Court justices;
(2) active judges of the court of appeals;
(3) active circuit court judges;
(4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges;
(7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges;
(11) active solicitors and assistant solicitors; and
(12) active workers' compensation commissioners."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1998.