Current Status Bill Number:
4918Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19980331Primary Sponsor: YoungAll Sponsors: Young, Koon, Spearman, G. Brown, Rodgers, F. Smith, Kelley, Altman, Limehouse, Delleney, Woodrum, R. Smith, Stoddard, Cromer, Tripp, Keegan, McCraw, M. Hines, McKay, Dantzler, Clyburn, Wilder, McLeod, Lanford, Stuart, Simrill, McMahand, Littlejohn, Kirsh, Askins, JenningsDrafted Document Number: ggs\22031CM.98Residing Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Weapons, pistols, firearms, handguns; background checks, Law Enforcement, SLED, Pawnbroker, Businesses
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19980528 Co-Sponsor removed (Rule 5.2) by Rep. Battle House 19980519 Co-Sponsor removed (Rule 5.2) by Rep. Neilson House 19980514 Co-Sponsor removed (Rule 5.2) by Rep. Edge House 19980429 Co-Sponsor removed (Rule 5.2) by Rep. McGee House 19980423 Co-Sponsor removed (Rule 5.2) by Rep. Bauer House 19980423 Co-Sponsor removed (Rule 5.2) by Rep. Davenport House 19980423 Co-Sponsor removed (Rule 5.2) by Rep. Barfield House 19980423 Co-Sponsor removed (Rule 5.2) by Rep. Witherspoon House 19980421 Co-Sponsor removed (Rule 5.2) by Rep. Easterday House 19980421 Co-Sponsor removed (Rule 5.2) by Rep. Beck House 19980421 Co-Sponsor removed (Rule 5.2) by Rep. Hawkins House 19980421 Co-Sponsor removed (Rule 5.2) by Rep. Fleming House 19980416 Co-Sponsor removed (Rule 5.2) by Rep. Leach House 19980416 Co-Sponsor removed (Rule 5.2) by Rep. Haskins House 19980416 Co-Sponsor removed (Rule 5.2) by Rep. Hamilton House 19980416 Co-Sponsor removed (Rule 5.2) by Rep. Loftis House 19980415 Co-Sponsor removed (Rule 5.2) by Rep. Barrett House 19980415 Co-Sponsor removed (Rule 5.2) by Rep. Vaughn House 19980414 Co-Sponsor removed (Rule 5.2) by Rep. Gamble House 19980407 Co-Sponsor added (Rule 5.2) by Rep. Jennings House 19980401 Co-Sponsor added (Rule 5.2) by Rep. Askins House 19980331 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-115 SO AS TO PROVIDE THAT THE CHIEF LAW ENFORCEMENT OFFICER OR ANOTHER PERSON RESPONSIBLE FOR PROVIDING A BACKGROUND CHECK OF A PERSON PURCHASING A FIREARM IS NOT LIABLE FOR FAILURE TO PREVENT THE SALE OR TRANSFER OF A FIREARM TO A PERSON WHO MAY NOT LEGALLY POSSESS A FIREARM OR FOR PREVENTING THE SALE OR TRANSFER OF A FIREARM TO A PERSON WHO MAY LAWFULLY RECEIVE OR POSSESS A FIREARM; BY ADDING SECTION 23-31-117 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION (SLED) IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROVISIONS CONCERNING THE SALE AND PURCHASE OF CERTAIN FIREARMS; TO AMEND SECTION 16-8-10, RELATING TO DEFINITIONS OF OFFENSES THAT PROMOTE CIVIL DISORDER, SO AS TO REVISE THE DEFINITION OF "FIREARM"; TO AMEND SECTION 16-23-30, RELATING TO THE UNLAWFUL SALE OR DELIVERY OF A PISTOL TO AND POSSESSION BY CERTAIN PERSONS, SO AS TO SUBSTITUTE "FIREARM" FOR "PISTOL", TO DELETE THE PROVISIONS THAT SPECIFY WHO MAY NOT PURCHASE, ACCEPT, LEASE, RENT, BARTER, EXCHANGE, OR RECEIVE A PISTOL, AND TO PROVIDE WHO MAY NOT PURCHASE, ACCEPT, LEASE, RENT, BARTER, EXCHANGE, OR RECEIVE A FIREARM; TO AMEND SECTION 23-31-110, RELATING TO DEFINITIONS REGARDING THE REGULATION OF PISTOLS, SO AS TO SUBSTITUTE "HANDGUN" FOR "PISTOL", AND TO PROVIDE DEFINITIONS FOR "SHOTGUN", "RIFLE", "BUSINESS DAYS", "CHIEF LAW ENFORCEMENT OFFICER", "DIN", AND "STATE TRANSACTION FORM", TO DELETE THE DEFINITION OF THE TERM "CRIME OF VIOLENCE", AND TO REVISE THE DEFINITIONS OF CERTAIN OTHER TERMS; TO AMEND SECTION 23-31-130, RELATING TO THE LICENSING OF RETAIL PISTOL DEALERS, SO AS TO SUBSTITUTE "FIREARM" FOR "PISTOL" AND TO PROVIDE THAT A RETAIL FIREARMS DEALER MUST POSSESS A FIREARMS DEALER LICENSE; TO AMEND SECTION 23-31-140, AS AMENDED, RELATING TO THE APPLICATION TO BE COMPLETED BEFORE PURCHASING A PISTOL AND RESTRICTIONS ON PURCHASING A PISTOL, SO AS TO REVISE THIS PROVISION BY SUBSTITUTING "PISTOL" FOR "HANDGUN", AND PROVIDE A PROCEDURE FOR A PERSON TO APPLY FOR PERMISSION TO PURCHASE A FIREARM AND PROVIDE RESTRICTIONS ON THE PURCHASE OF CERTAIN FIREARMS; TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, AND FORFEITURE OF A RETAIL LICENSE TO SELL PISTOLS, SO AS TO SUBSTITUTE "FIREARM" FOR "PISTOL" AND TO PROVIDE FOR THE ISSUANCE, DURATION, AND FORFEITURE OF A FIREARMS DEALER LICENSE; AND TO AMEND SECTION 40-39-40, AS AMENDED, RELATING TO FEES, COSTS, OR ASSESSMENTS A PAWN BROKER MAY NOT CHARGE, SO AS TO PROVIDE THAT A PAWNBROKER SHALL COLLECT FEES ESTABLISHED BY SLED FOR CONDUCTING BACKGROUND CHECKS FOR FIREARM SALES, DELIVERIES, OR TRANSFERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 23-31-115. A chief law enforcement officer or another person responsible for providing information concerning background checks conducted pursuant to this article is not liable in an action at law for damages for failure to prevent the sale or transfer of a firearm to a person whose receipt or possession of the firearm is unlawful under this article, or for preventing the sale or transfer to a person who may lawfully receive or possess a firearm."
SECTION 2. The 1976 Code is amended by adding:
"Section 23-31-117. SLED shall promulgate regulations to carry out provisions of this article."
SECTION 3. Section 16-8-10(2) of the 1976 Code, as added by Act 42 of 1989, is amended to read:
"(2) 'Firearm' means a weapon which is designed to or readily may be converted to expel a projectile by the action of an explosive, or the frame or receiver of that weapon handgun as defined in Section 23-31-110, a shotgun, rifle, starter gun, the frame or receiver of an object contained in this item, a firearm muffler or firearm silencer."
SECTION 4. Section 16-23-30 of the 1976 Code is amended to read:
"Section 16-23-30. (A) It shall be is unlawful for any a person to knowingly to sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any a pistol firearm to a person who:
(a) Any person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent.
(b) Any person who is a member of a subversive organization.
(c) Any person under the age of twenty-one, but this shall not apply to the issue of pistols to members of Armed Forces of the United States, active or reserve, National Guard, State Militia or R. O. T. C., when on duty or training or the temporary loan of pistols for instructions under the immediate supervision of a parent or adult instructor.
(d) Any person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a pistol, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but any person who shall be the subject of such an application shall be entitled to reasonable notice and a proper hearing prior to any such adjudication.
(1) has been convicted in a court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia of a crime subject to a penalty of more than two years;
(2) is a fugitive from justice;
(3) is a habitual drunkard or drug addict;
(4) has been adjudicated mentally incapacitated or been committed to an institution;
(5) is a member of a subversive organization;
(6) is under the age of twenty-one except members of the United States Armed Forces, active or reserve, National Guard, State Militia, or R.O.T.C., when on duty or while training, or a person under the immediate supervision of a parent or an adult instructor. However, a person eighteen years of age or older may purchase or possess a shotgun or rifle;
(7) has been adjudged by order of the circuit court unfit to carry or possess a firearm;
(8) is an alien illegally in the United States;
(9) has been discharged from military service under other than honorable conditions;
(10) has renounced his United States citizenship;
(11) is currently the respondent to an Order for Protection from Domestic Abuse contained in Chapter 4, Title 20 or Chapter 25, Title 16;
(12) has been convicted of a misdemeanor crime of criminal domestic violence, whether or not explicitly called a crime of domestic violence, whose factual basis is the use or attempted use of physical force or threatened use of physical force by the victim's current or former domestic partner, parent or guardian, unless the conviction has been expunged;
(13) currently is under indictment for having committed an offense in this State or another state;
Upon proper completion of the state transaction form, the dealer shall submit, within five days, the original form to the division, retain a copy for his records, and give a copy to the applicant upon his purchase of a firearm. The form submitted to SLED must be completed properly by the purchaser and the dealer. The dealer must maintain his copy of each form for at least three years and make them available for inspection by SLED.
(e)(B) It shall be is unlawful for any a person covered described in (a), (b), (c) or (d) of this section subsection (A) to possess or acquire a pistols firearm within this State.
(f)(C) No A person shall not knowingly buy, sell, transport, pawn, receive, or possess any a stolen pistol firearm or one from which the original serial number has been removed or obliterated."
SECTION 5. Section 23-31-110 of the 1976 Code is amended to read:
"Section 23-31-110. When used in this article:
(1) 'Firearm' means a handgun, shotgun, rifle, starter gun, the frame or receiver of an object contained in this item, or a firearm muffler or silencer.
(a)(2) 'Pistol' 'Handgun' means any a firearm with a short stock, designed to expel a projectile by means of an explosive and designed to be fired from the by the use of a single hand, but shall does not include any a firearm generally recognized or classified as an antique, curiosity, or collector's item, or any one that does not fire fixed cartridges.
(3) 'Shotgun' means a firearm designed to be fired from the shoulder and which is designed to expel projectiles by means of an explosive shotgun shell.
(4) 'Rifle' means a firearm intended to be fired from the shoulder and which is designed to expel projectiles through a rifle bore by means of an explosive fixed metallic cartridge.
(b)(5) The term 'Dealer' means any a person engaged in the business of selling firearms at retail or any a person who is a pawnbroker.
(c) The term 'crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnaping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.
(d)(6) The term 'Fugitive from justice' means any a person who has fled from or is fleeing from any a law enforcement officer to avoid prosecution or imprisonment for a crime of violence.
(e)(7) The term 'Subversive organization' means any a group, committee, club, league, society, association, or combination of individuals, the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure, or overthrow of the government of the United States or any state or political subdivision thereof, by the use or attempted use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing.
(f)(8) The term 'Conviction' as used herein shall include includes pleas of guilty, pleas of nolo contendere, and forfeiture of bail.
(g)(9) The term 'Division' shall mean means the State Law Enforcement Division.
(h)(10) The terms 'Purchase' or 'sell' mean means to knowingly to buy, offer to buy, receive, lease, rent, barter, exchange, transfer, pawn, or accept in pawn, except the redemption of a firearm by the person who pledged it.
(i)(11) The term 'Person' shall mean means any individual, corporation, company, association, firm, partnership, society, or joint stock company.
(12) 'Chief law enforcement officer' means the chief of the State Law Enforcement Division.
(13) 'Dealer identification number' or 'DIN' means a unique number issued to a dealer licensed in the State to sell firearms.
(14) 'State transaction form' means a form required by Section 23-31-140 to record certain additional personal information concerning a firearms purchaser."
SECTION 6. Section 23-31-130 of the 1976 Code is amended to read:
"Section 23-31-130. No A retail dealer shall not sell or otherwise transfer, or expose for sale or transfer, or have in his possession with intent to sell, or otherwise transfer, any a pistol firearm, without being licensed having a firearms dealer license as hereinafter provided in this chapter."
SECTION 7. Section 23-31-140 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 23-31-140. (A) Before the purchase of 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 Department of Public Safety identification card number or, in the case of an applicant on active duty in the United States military, the number from the applicant's current United States military identification card; Before purchasing a firearm, the purchaser shall complete, in the presence of the dealer, the transaction form required by Title 18 of the United States Code. In addition, the purchaser must record, on a state transaction form furnished by SLED, his name, social security number, South Carolina driver's license number, Department of Public Safety identification card number, or a United States military identification card number. The purchaser and dealer must sign the state transaction form which constitutes a signed statement by the purchaser that he is not disqualified by provisions contained in Section 16-23-30 concerning the purchase or possession of a firearm.
(B) No A person is not allowed to purchase a pistol from a dealer unless he has fully completed the application firearm unless he has fully complied with the requirements contained in this section.
(C) No A person is not allowed to purchase more than one pistol handgun 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 handgun is stolen or irretrievably lost and who feels that it is essential that he immediately purchase a pistol handgun may obtain a special permit which will enable him to purchase a pistol handgun 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 handgun. This special permit must contain such 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 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 handgun during a thirty-day period as long as the following conditions are met:
(1) the pistols handguns purchased are for use in this State;
(2) ownership of the pistols handguns 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 handguns 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 handguns for the agency or company. The letter of authorization must contain such information as may be required by the division.
(F) No person may purchase a pistol handgun 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 Public Safety identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card.
(G) Upon proper completion of the application the dealer shall submit 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 firearm transaction record properly completed by the purchaser and the dealer.
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. (1) A dealer may not sell, deliver, or transfer a handgun to a person who is not a resident of this State.
(2) A dealer may not sell, deliver, or transfer a firearm to a person until the federal and state transaction forms required in subsection (A) are completed and the dealer has requested and received by telephone the results of a background check from the division. To initiate a background check, the dealer shall supply the purchaser's name, sex, race, date of birth, place of birth, and social security number. The division shall provide its response to the dealer inquiry without unnecessary delay.
(3) Upon request for a background check, the division shall:
(a) review its criminal history record information and other files available to the division for this purpose including, but not limited to, the Federal Bureau of Investigation National Instant Check System and the national fugitive files to determine whether the purchaser is prohibited from purchasing, possessing, or transporting a firearm by state or federal law;
(b) inform the dealer of the results of the background check; and
(c) provide the dealer with a reference number for the inquiry.
(4) If the sale is approved, the transfer of the firearm must take place within forty-eight hours of the issuance of the approval by the division. If the transfer does not take place within forty-eight hours of the approval, the dealer must notify the division that the 'approval' shown in division records should be changed to a 'No Sale' and request another background check.
(5) If the division obtains information indicating possible ineligibility of the purchaser to purchase or possess a firearm, the division shall notify the dealer that the sale is suspended until further notice. The dealer then shall provide to the division information concerning the purchaser that the division might request. The dealer is prohibited from completing the transfer of the firearm for three business days from the time of this notification. If the division has not notified the dealer within the three business day period, the dealer who has fulfilled all requirements of this article may complete the sale and transfer the firearm.
(6) When a dealer sells or transfers a firearm as a result of expiration of the three business day waiting period, the dealer, within twenty-four hours, shall notify the division by telephone of the sale or transfer.
(7) If equipment failure beyond the control of the division prevents completion of the background check, the dealer must be advised immediately of the reason for delay and given an estimate of the length of the delay. If the background check was not in progress at the time of the equipment failure, the dealer is required to initiate a second inquiry at a later time. If the background check was in progress at the time of the equipment failure, the division is authorized to:
(a) notify the dealer that the transaction must be submitted at a later time; or
(b) notify the dealer that the transaction is accepted and that the sale or transfer is suspended, subject to the three business day waiting period before approval or nonapproval. If the dealer is not advised of the division's decision within the three business day period, the dealer who has fulfilled all requirements of this article may complete the sale and transfer the firearm and is not in violation of this article.
(H) A person for whom a denial of approval to purchase or receive a firearm is issued by the division may request, in writing from the chief law enforcement officer, the reason for nonapproval. The chief law enforcement officer must provide a written response within twenty business days. If the request involves disputed criminal record information, the person may review and correct criminal history information retained by the division. To correct disputed criminal record information, the person must submit a complete set of fingerprints to the division to allow determination of positive identification. The request must be received by the division within thirty days of the denial.
(I) A dealer who wilfully and intentionally requests, obtains, or seeks to obtain information from the division under false pretenses, or who wilfully and intentionally disseminates or seeks to disseminate information, except as authorized in this article, is subject to penalties contained in Section 23-31-190.
(J) All dealers and pawnbrokers shall pay a fee established by the division for each background check required by federal and state law. However, if an individual exchanges a defective firearm with the dealer from which the original firearm was purchased within seven calendar days and the dealer notifies the division within this time period, the dealer may not be assessed a fee for conducting the background check on the individual. A dealer must be provided a monthly statement by the division of the number of background check requests initiated during the billing period. The dealer shall remit payment for a background check to the division immediately. Failure to promptly remit payment to the division results in the suspension of access to the division for conducting background checks for firearms purchases. The division may use the funds generated pursuant to this section to offset the cost of conducting background checks.
(K) A person who purchases a firearm with the intent to resell or provide the firearm to a person who is ineligible to purchase or receive a firearm from a dealer, or who transports the firearm out of the State to resell or provide it to an ineligible person, is subject to the penalties contained in Section 23-31-190."
SECTION 8. Section 23-31-150 of the 1976 Code is amended to read:
"Section 23-31-150. (A) The division shall grant a firearms dealer license to any a person doing business in the State not ineligible who is eligible to purchase, acquire, or possess a pistol firearm or be licensed as a dealer under the provisions of this article. Licenses shall must be issued on a form furnished by the division and be are effective for two years from the date of issuance. A person licensed by the division must be assigned a dealer identification number for use when requesting the division to conduct a background check for the purchase of a firearm. Licensees shall be authorized to may sell pistols firearms at retail as dealers within this State subject to the following conditions, for breach of any of which the license shall must be forfeited:
(a) (1) The license or a copy thereof of it, authenticated by the issuing authority, shall at all times and places of sale, must be available for inspection or displayed where it can easily be read easily.
(b) (2) No pistol shall knowingly be sold A person may not sell a firearm in violation of any a provision of this article. nor shall any pistol A firearm may not be sold without clear evidence as to of the identity of the purchaser being furnished to the dealer.
(c) (3) A true record shall must be made of every pistol a firearm sold on a firearm firearms transaction record form required by federal law and the state transaction form required by Section 23-31-140. The firearm state transaction record form, which shall be furnished by the division, shall must be signed by the purchaser and by the dealer effecting making the sale, each in the presence of the other, and shall must contain such information as may be required by the division. A separate firearm transaction form shall be completed for each pistol sold, a copy of which must be submitted to the Division as provided in Section 23-31-140. The dealer shall retain the records for a period of three years from the date of sale or transfer to which the records relate.
(d) (4) The fee for the issuance of such the license shall be is one hundred dollars and for renewal, one hundred dollars every two years. The license fees shall must be retained, expended, and carried forward by the division for purposes of defraying the costs of administering the provisions of this article.
(e) (5) Each applicant for a license shall post with the division a bond in favor of the State with surety in the amount of ten thousand dollars. No A bond shall may not be accepted for filing unless it is with a surety company authorized to do business in this State and is subject to the conditioned condition that the principal named principal therein shall not do any commit an act meriting suspension or revocation of his license under provisions of this article. In lieu of a bond, a cash deposit or a deposit of other securities acceptable to the division of a value of ten thousand dollars shall be accepted. Any A person aggrieved by any an act of the principal named in such the bond, may recover damages in an action against the principal or surety therein, or both, recover damages. The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, may not exceed the amount of such the bond. The surety on the bond shall have has the right to cancel such the bond giving upon thirty days' notice to the division and thereafter shall be is relieved of liability for any a breach of condition after the effective date of the cancellation.
(f) (B) In order To insure ensure compliance with the provisions of this article, dealers shall make available for inspection by the chief of the division law enforcement officer or his agents designee, during normal business hours, all pistols firearms in their possession and all records they are required to maintain by this article for the sale, transfer, or delivery of firearms.
(g) (C) Each applicant for a license shall furnish to the division a current federal firearms license and is required to shall maintain that federal firearms license in good standing as a condition of holding a retail firearms dealer license issued under this section.
(h) (D) A breach of any of the above conditions a condition contained in this section or a violations violation of any provisions a provision of this article by a dealer, or the giving of false information by a licensee on an application for purchase or transfer shall result results in forfeiture of the license, but the licensee is entitled to reasonable notice and proper hearing in the circuit court of the county in which he is licensed."
SECTION 9. Section 40-39-40 of the 1976 Code, as last amended by Act 491 of 1988, is further amended to read:
"Section 40-39-40. No A pawnbroker may not charge or collect any fees, costs, or assessments of any kind or nature other than those specifically allowed under this chapter. However, a pawnbroker shall collect a fee established by SLED for conducting a background check for firearm sales, deliveries, or transfers pursuant to Section 23-31-140(G)."
SECTION 10. This act takes effect upon approval by the Governor.