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Current Status Bill Number:View additional legislative information at the LPITS web site.965 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000111 Primary Sponsor:Washington All Sponsors:Washington Drafted Document Number:l:\s-res\mw\004assa.jh.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Assault Weapons Act of 2000, Weapons, Crimes and Offenses, Law Enforcement, SLED History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000111 Introduced, read first time, 11 SJ referred to Committee Senate 19991207 Prefiled, referred to Committee 11 SJ Versions of This Bill
TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEAPONS, BY ADDING CHAPTER 24, SO AS TO BAN THE MANUFACTURE, POSSESSION AND SALE OF ASSAULT WEAPONS; TO PROVIDE FOR EXCEPTIONS; TO INSTITUTE AN ASSAULT WEAPONS REGISTRATION PROGRAM; AND TO PROVIDE APPROPRIATE DEFINITIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 16 of the 1976 Code is amended by adding:
Section 16-24-10. This chapter may be cited as the `Assault Weapons Act of 2000'.
Section 16-24-20. (A) Notwithstanding any other provision of law, any person in this state who commits any of the following acts must be punished by a term of imprisonment not exceeding one year:
(1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.
(2) Commencing January 1, 2001 manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends any large-capacity magazine.
(3) Carries concealed upon his or her person any explosive substance, other than fixed ammunition.
(4) Carries concealed upon his or her person any dirk or dagger. However, a first offense involving any metal military practice handgrenade or metal replica handgrenade is punishable only as a misdemeanor unless the offender is an active participant in criminal activity at the time of carrying or concealment of the weapon.
(B) Subsection (A) does not apply to any of the following:
(1) The sale to, purchase by, or possession of short-barreled shotguns or short-barreled rifles by police departments, sheriffs' offices, marshals' offices, the South Carolina Highway Patrol, SLED, or the military or naval forces of this state or of the United States for use in the discharge of their official duties or the possession of short-barreled shotguns and short-barreled rifles by regular, salaried, full-time members of a police department, sheriff's office, marshal's office, the South Carolina Highway Patrol, or the State Law Enforcement Division (SLED) when on duty and the use is authorized by the agency and is within the course and scope of their duties.
(2) The manufacture, possession, transportation or sale of short-barreled shotguns or short-barreled rifles when authorized by state or federal law.
(3) The possession of a nunchaku on the premises of a school which holds a regulatory or business license and teaches the arts of self-defense.
(4) The manufacture of a nunchaku for sale to, or the sale of a nunchaku to, a school which holds a regulatory or business license and teaches the arts of self-defense.
(5) Any antique firearm. For purposes of this chapter, `antique firearm' means any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available, in the ordinary channels of commercial trade.
(6) Tracer ammunition manufactured for use in shotguns.
(7) Any firearm or ammunition which is a curio or relic as defined in the Code of Federal Regulations and which is in the possession of a person permitted to possess the items pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. Any person prohibited by provisions of state or federal law from possessing firearms or ammunition who obtains title to these items by bequest or intestate succession may retain title for not more than one year, but actual possession of these items at any time is punishable pursuant to this chapter and any other applicable law. Within the year the person shall transfer title to the firearms or ammunition by sale, gift, or other disposition. Any person who violates the restrictions enumerated in this paragraph is in violation of subsection (A).
(8) Any other weapon as defined by applicable provisions of federal law and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto. Any person prohibited by the provisions of this chapter or any other provision of law from possessing these weapons who obtains title to these weapons by bequest or intestate succession may retain title for not more than one year, but actual possession of these weapons at any time is punishable pursuant to the provisions of this chapter and any other applicable law. Within the year, the person shall transfer title to the weapons by sale, gift, or other disposition. Any person who violates the restrictions enumerated in this paragraph is in violation of subsection (A). The exemption provided in this subsection does not apply to pen guns.
(9) Instruments or devices that are possessed by federal, state, and local historical societies, museums, and institutional collections which are open to the public, provided that these instruments or devices are properly housed, secured from unauthorized handling, and, if the instrument or device is a firearm, unloaded.
(10) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are possessed or utilized during the course of a motion picture, television, or video production or entertainment event by an authorized participant therein in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event.
(11) Instruments or devices, other than short-barreled shotguns or short-barreled rifles, that are sold by, manufactured by, exposed or kept for sale by, possessed by, imported by, or lent by persons who are in the business of selling instruments or devices listed in subsection (A) solely to the entities referred to in paragraphs (9) and (10) when engaging in transactions with those entities.
(12) The sale to, possession of, or purchase of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by any federal, state, county, city and county, or city agency that is charged with the enforcement of any law for use in the discharge of their official duties, or the possession of any weapon, device, or ammunition, other than a short-barreled rifle or short-barreled shotgun, by peace officers thereof when on duty and the use is authorized by the agency and is within the course and scope of their duties.
(13) Weapons, devices, and ammunition, other than a short-barreled rifle or short-barreled shotgun, that are sold by, manufactured by, exposed, or kept for sale by, possessed by, imported by, or lent by, persons who are in the business of selling weapons, devices, and ammunition listed in subsection (A) solely, to the entities referred to in paragraph (12) when engaging in transactions with those entities.
(14) The manufacture for, sale to, exposing or keeping for sale to, importation of, or lending of wooden clubs or batons to special police officers or uniformed security guards authorized to carry any wooden club or baton by entities that are in the business of selling wooden batons or clubs to special police officers and uniformed security guards when engaging in transactions with those persons.
(15) Any plastic toy handgrenade, or any metal military practice handgrenade or metal replica handgrenade that is a relic, curio, memorabilia, or display item, that is filled with a permanent inert substance or that is otherwise permanently altered in a manner that prevents ready modification for use as a grenade.
(16) Any instrument ammunition, weapon, or device listed in subsection (A) that is not a firearm that is found and possessed by a person who meets all of the following:
(a) the person is not prohibited from possessing firearms or ammunition pursuant to the provisions of this act or any other provision of law.;
(b) the person possessed the instrument, ammunition, weapon, or device no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law; and
(c) if the person is transporting the listed item, he or she is transporting the listed item to a law enforcement agency for disposition according to law.
(17) Any firearm, other than a short-barreled rifle or short-barreled shotgun, that is found and possessed by a person who meets all of the following:
(a) the person is not prohibited from possessing firearms or ammunition pursuant to the provisions of this act of any other provision of law;
(b) the person possessed the firearm no longer than was necessary to deliver or transport the same to a law enforcement agency for that agency's disposition according to law;
(c) if the person is transporting the firearm, he or she is transporting the firearm to a law enforcement agency for disposition according to law;
(d) prior to transporting the firearm to a law enforcement agency, he or she has given prior notice to that law enforcement agency that he or she is transporting the firearm to that law enforcement agency for disposition according to law; and
(e) the firearm is transported in a locked container or has been rendered permanently inoperable.
(18) The possession of any weapon, device, or ammunition, by a forensic laboratory or any authorized agent or employee thereof in the course and scope of his or her authorized activities.
(C)(1) As used in this chapter, a `short-barreled shotgun' means any of the following:
(a) a firearm which is designed or redesigned to fire a fixed shotgun shell and having a barrel or barrels of less than eighteen inches in length;
(b) a firearm which has an overall length, of less than twenty-six inches and which is designed or redesigned to fire a fixed shotgun shell;
(c) any weapon made from a shotgun (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than twenty-six inches or a barrel or barrels of less than eighteen inches in length;
(d) any device which may be readily restored to fire a fixed shotgun shell which, when so restored, is a device defined in subparagraphs (a) to (c), inclusive; or
(e) any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (a) to (c), inclusive, or any combination of parts from which a device defined in subparagraphs (a) to (c), inclusive, can be readily assembled if those parts are in the possession or under the control of the same person.
(2) As used in this chapter, a `short-barreled rifle' means any of the following:
(a) a rifle having a barrel or barrels of less than sixteen inches in length;
(b) a rifle with an overall length of less than twenty-six inches;
(c) any weapon made from a rifle (whether by alteration, modification, or otherwise) if that weapon, as modified, has an overall length of less than twenty-six inches or a barrel or barrels of less than 16 inches in length;
(d) any device which may be readily restored to fire a fixed cartridge which, when so restored, is a device defined in subparagraphs (a) to (c), inclusive; or
(e) any part, or combination of parts, designed and intended to convert a device into a device defined in subparagraphs (a) to (c), inclusive, or any combination of parts from which a device defined in subparagraphs (a) to (c), inclusive, may be readily assembled if those parts are in the possession or under the control of the same person.
(3) As used in this chapter, a `nunchaku' means an instrument consisting of two or more sticks, clubs, bars or rods to be used as handles, connected by a rope, cord, wire, or chain, in the design of a weapon used in connection with the practice of a system of self-defense such as karate.
(4) As used in this chapter, a `wallet gun' means any firearm mounted or enclosed in a case, resembling a wallet, designed to be or capable of being carried in a pocket or purse, if the firearm may be fired while mounted or enclosed in the case.
(5) As used in this chapter, a `cane gun' means any firearm mounted or enclosed in a stick, staff, rod, crutch, or similar device, designed to be, or capable of being used as, an aid in walking, if the firearm may be fired while mounted or enclosed therein.
(6) As used in this chapter, a `flechette dart' means a dart, capable of being fired from a firearm, which measures approximately one inch in length, with tail fins which take up five-sixteenths of an inch of the body.
(7) As used in this chapter, `metal knuckles' means any device or instrument made wholly or partially of metal which is worn for purposes of offense or defense in or on the hand and which either protects the wearer's hand while striking a blow or increases the force of impact from the blow or injury to the individual receiving the blow. The metal contained in the device may help support the hand or fist, provide a shield to protect it, or consist of projections or studs which would contact the individual receiving a blow.
(8) As used in this chapter, a `ballistic knife' means a device that propels a knifelike blade as a projectile by means of a coil spring, elastic material, or compressed gas. Ballistic knife does not include any device which propels an arrow or a bolt by means of any common bow, compound bow, crossbow, or underwater spear gun.
(9) As used in this chapter, a `camouflaging firearm container' means a container which meets all of the following criteria:
(a) it is designed and intended to enclose a firearm;
(b) it is designed and intended to allow the firing of the enclosed firearm by external controls while the firearm is in the container; and
(c) it is not readily recognizable as containing a firearm. `Camouflaging firearm container' does not include any camouflaging covering used while engaged in lawful hunting or while going to or returning from a lawful hunting expedition.
(10) As used in this chapter, a `zip gun' means any weapon or device which meets all of the following criteria:
(a) it was not imported as a firearm by an importer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto;
(b) it was not originally designed to be a firearm by a manufacturer licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto;
(c) no tax was paid on the weapon or device, nor was an exemption from paying tax on that weapon or device granted under Section 4181 and, subchapters F (commencing with Section 4216) and G (commencing with Section 4221) of Chapter 32 of Title 26 of the United States Code, as amended, and the regulations issued pursuant thereto; and
(d) it is made or altered to expel a projectile by the force of an explosion or other form of combustion.
(11) As used in this chapter, a `shuriken' means any instrument, without handles, consisting of a metal plate having three or more radiating points with one or more sharp edges and designed in the shape of a polygon, trefoil, cross, star, diamond, or other geometric shape for use as a weapon for throwing.
(12) As used in this chapter, an `unconventional pistol' means a firearm that does not have a rifled bore and has a barrel or barrels of less than eighteen inches in length or has an overall length of less than twenty-six inches.
(13) As used in this chapter, a `belt buckle knife' is a knife which is made an integral part of a belt buckle and consists of a blade with a length of at least two and one-half inches.
(14) As used in this chapter, a `lipstick case knife' means a knife enclosed within and made an integral part of a lipstick case.
(15) As used in this chapter, a `cane sword' means a cane, swagger stick, stick, staff, rod, pole, umbrella, or similar device, having concealed within it a blade that may be used as a sword or stiletto.
(16) As used in this chapter, a `shobi-zue' means a staff, crutch, stick, rod, or pole concealing a knife or blade within it which may be exposed by a flip of the wrist or by a mechanical action.
(17) As used in this chapter, a `leaded cane' means a staff, crutch, stick, rod, pole, or similar device, unnaturally weighted with lead.
(18) As used in this chapter, an `air gauge knife' means a device that appears to be an air gauge but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended.
(19) As used in this chapter, a `writing pen knife' means a device that appears to be a writing pen but has concealed within it a pointed, metallic shaft that is designed to be a stabbing instrument which is exposed by mechanical action or gravity which locks into place when extended or the pointed, metallic shaft is exposed by the removal of the cap or cover on the device.
(20) As used in this chapter, a `rifle' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
(21) As used in this chapter, a `shotgun' means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of projectiles (ball shot) or a single projectile for each pull of the trigger.
(22) As used in this chapter, an `undetectable firearm` means any weapon which meets one of the following requirements:
(a) when, after removal of grips, stocks, and magazines, it is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar;
(b) when any major component of which, when subjected to inspection by the types of X-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component; or
(c) for purposes of this paragraph, the terms `firearm,' `major component,' and `Security Exemplar' have the same meanings as those terms are defined in the United States Code.
(23) As used in this chapter, a `multiburst trigger activator' means one of the following devices:
(a) a device designed or redesigned to be attached to a semiautomatic firearm which allows the firearm to discharge two or more shots in a burst by activating the device; or
(b) a manual or power-driven trigger activating device constructed and designed so that when attached to a semiautomatic firearm it increases the rate of fire of that firearm.
(24) As used in this chapter, a `dirk' or `dagger' means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death.
Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this chapter.
(25) As used in this chapter, `large-capacity magazine' means any ammunition feeding device with the capacity to accept more than nineteen rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than nineteen rounds.
Section 16-24-30. (A)(1) Except as provided in subsections (C)and (D), any person who is armed with a firearm in the commission or attempted commission of a felony shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one year, unless the arming is an element of the offense of which he or she was convicted. This additional term applies to any person who is a principal in the commission or attempted commission of a felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm.
(2) Except as provided in subsection (C), and notwithstanding subsection (D), if the firearm is an assault weapon, a large-capacity firearm, or a machinegun, the additional term described in this subsection is three years whether or not the arming is an element of the offense of which he or she was convicted. The additional term provided in this paragraph applies to any person who is a principal in the commission or attempted commission of a felony if one or more of the principals is armed with an assault weapon, large-capacity firearm, or machinegun, whether or not the person is personally armed with an assault weapon, large-capacity firearm, or machinegun.
(B)(1) any person who personally uses a deadly or dangerous weapon in the commission or attempted commission of a felony shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one year, unless use of a deadly or dangerous weapon is an element of the offense of which he or she was convicted.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term is one, two, or three years.
(3) When a person is found to have personally used a deadly or dangerous weapon in the commission or attempted commission of a felony as provided in this subsection and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided by law.
(C) Notwithstanding the enhancement set forth in subsection (A), any person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission or attempted commission of an offense specified in subsection (C), shall, upon conviction of that offense, be punished by an additional term of one, two, or three years in the court's discretion. The court must order a two year term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(D) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subsection (C) in an unusual case where the interests of justice would best be served, if the court specifies on the record the circumstances indicating that the interests of justice would best be served by that disposition.
(E) As used in this chapter, `large-capacity firearm' means any of the following:
(1) A semiautomatic rifle that has a detachable magazine with the capacity to accept more than nineteen rounds attached to it.
(2) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than ten rounds.
(3) A semiautomatic pistol that has a detachable magazine with the capacity to accept more than nineteen rounds attached to it.
(4) A semiautomatic pistol that has a fixed magazine with the capacity to accept more than nineteen rounds.
(5) A semiautomatic shotgun that has the capacity to accept a detachable magazine.
(6) A semiautomatic shotgun that has a fixed magazine with the capacity to accept more than five rounds.
(F) As used in this chapter, the following definitions shall apply:
(1) `Magazine' means any ammunition feeding device.
(2) `Capacity to accept more than nineteen rounds' means capable of accommodating more than nineteen rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than nineteen rounds.
(3) `Capacity to accept more than ten rounds' means capable of accommodating more than ten rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
Section 16-24-40. (A)(1) Except as provided in subsection (C), any person who personally uses a firearm in the commission or attempted commission of a felony shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of imprisonment in the state prison for three, four, or ten years, unless use of a firearm is an element of the offense of which he or she was convicted.
(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be four, five, or ten years. The court shall order imposition of the five year term unless there are circumstances in aggravation or mitigation. The court shall state its reasons for its enhancement choice on the record at the time of sentencing.
(B)(1) Notwithstanding subsection (A), any person who is convicted of a felony or an attempt to commit a felony, including murder or attempted murder, in which that person discharged a firearm at an occupied motor vehicle which caused great bodily injury or death to the person of another, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the sentence prescribed for the felony or attempted felony, be punished by an additional term of imprisonment in the state prison for five, six, or ten years.
(2) Notwithstanding subsection (A), any person who personally uses an assault weapon, large-capacity firearm, or a machinegun in the commission or attempted commission of a felony, in addition and consecutive to the sentence prescribed for the felony or attempted felony, be punished by an additional term of imprisonment in the state prison for five, six, or ten years.
(C) Notwithstanding the enhancement set forth in subsection (A), any person who personally uses a firearm in the commission or attempted commission of a violation of the criminal laws of this state, shall, upon conviction of that offense and in addition and consecutive to the punishment prescribed for the offense of which he or she has been convicted, be punished by an additional term of imprisonment in the state prison for three, four, or ten years in the court's discretion. The court shall order the imposition of a four year term unless there are circumstances in aggravation or mitigation. The court shall state the reason for its enhancement choice on the record.
(D) The additional term provided by this section may be imposed in cases of assault with a firearm or assault with a deadly weapon which is a firearm or murder if the killing was perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury or death.
(E) When a person is found to have personally used a firearm, an assault weapon, or a machinegun in the commission or attempted commission of a felony as provided in this section and the firearm, assault weapon, or machinegun is owned by that person, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided by law.
(F) For purposes of imposing an enhancement under any other section or subsection of this chapter, the enhancements under this section shall count as one, single enhancement.
(G) As used in this chapter, `large-capacity firearm' means any of the following:
(1) A semiautomatic rifle that has a detachable magazine with the capacity to accept more than nineteen rounds attached to it.
(2) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than ten rounds.
(3) A semiautomatic pistol that has a detachable magazine with the capacity to accept more than nineteenrounds attached to it.
(4) A semiautomatic pistol that has a fixed magazine with the capacity to accept more than nineteen rounds.
(5) A semiautomatic shotgun that has the capacity to accept a detachable magazine.
(6) A semiautomatic shotgun that has a fixed magazine with the capacity to accept more than five rounds.
(H) As used in this chapter, the following definitions shall apply:
(1) `Magazine' means any ammunition feeding device.
(2) `Capacity to accept more than nineteen rounds' means capable of accommodating more than nineteen rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than nineteen rounds.
(3) `Capacity to accept more than ten rounds' means capable of accommodating more than ten rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
Section 16-24-50. (A) For the purpose of this chapter and notwithstanding any other provision of law, `assault weapon' means any of the following:
(1) A semiautomatic, centerfire rifle that has the capacity to accept a detachable magazine and has at least two of the following:
(a) a conspicuously protruding pistol grip, a thumbhole stock, or a vertical handgrip;
(b) a grenade launcher;
(c) a bayonet mount;
(d) a threaded barrel;
(e) a folding or telescoping stock; or
(f) a flash suppressor.
(2) A semiautomatic, centerfire rifle that has a detachable magazine with the capacity to accept more than nineteen rounds attached to it.
(3) A semiautomatic, centerfire rifle that has a fixed magazine with the capacity to accept more than ten rounds.
(4) A semiautomatic, centerfire rifle that has an overall length of less than thirty inches in any format.
(5) A semiautomatic pistol that has the capacity to accept a detachable magazine and at least two of the following:
(a) the capacity to accept a magazine at some location outside of the pistol grip;
(b) a threaded barrel;
(c) a second vertical handgrip;
(d) a shroud that is attached to, or partially or completely encircles, the barrel, excepting a slide that encloses the barrel;
(e) the semiautomatic version of an automatic firearm; or
(f) a total weight of fifty ounces or more.
(6) A semiautomatic pistol that has a fixed magazine with the capacity to accept more than nineteen rounds.
(7) A semiautomatic pistol that has a detachable magazine with the capacity to hold more than nineteen rounds attached to it.
(8) Any semiautomatic pistol, identified as a `semiautomatic assault weapon' in any provision.
(9) A semiautomatic shotgun that has both of the following:
(a) a folding or telescoping stock; and
(b) a conspicuously protruding pistolgrip.
(10) A semiautomatic shotgun with a fixed magazine that has the capacity to accept more than five rounds.
(11) A semiautomatic shotgun that has the capacity to accept a detachable magazine.
(12) Any shotgun that has a revolving cylinder.
(C) The following definitions shall apply under this section:
(1) `Magazine' shaft means any ammunition feeding device.
(2) `Capacity to accept more than nineteen rounds' means capable of accommodating more than nineteen rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than nineteen rounds.
(3) `Capacity to accept more than ten rounds' means capable of accommodating more than ten rounds, but shall not be construed to include a feeding device that has been permanently altered so that it cannot accommodate more than ten rounds.
Section 16-24-60. (A)(1) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon, except as provided by this chapter is guilty of a felony, and upon conviction must be punished by imprisonment in the state prison for four, six, or eight years.
(2) In addition and consecutive to the punishment imposed under paragraph (1), any person who transfers, lends, sells, or gives any assault weapon to a minor in violation of the provisions of this paragraph may receive an enhancement of one year.
(B) Except as provided by the provisions of this chapter or any other provision of law, any person who, within this state, possesses any assault weapon, is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment in the state prison, or in a county jail, not exceeding one year. However, if the person presents proof that he or she lawfully possessed the assault weapon prior to June 1,1989, or prior to the date it was specified as an assault weapon, and has since either registered the firearm and any other lawfully obtained firearm specified by Section 16-24-50 pursuant to Section 16-24-70 or relinquished them to a law enforcement agency, a first-time violation of this subsection is a misdemeanor punishable by a fine of up to five hundred dollars ($500), but not less than three hundred fifty dollars ($350), if the person has otherwise possessed the firearm in compliance with provisions of applicable law. In these cases, the firearm must be returned unless the court finds in the interest of public safety, after notice and hearing, that the assault weapon should be destroyed.
(C) A first-time violation of subsection (B) is a misdemeanor punishable by a fine of up to five hundred dollars ($500), if the person was found in possession of no more than two firearms in compliance with subsection (C) of Section 16-24-70 and the person meets all of the following conditions:
(1) The person proves by a preponderance of evidence that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon pursuant to the provisions of this chapter.
(2) The person is in possession of a firearm specified as an assault weapon pursuant to Section 16-24-50.
(3) The person has not previously been convicted of violating this section.
(4) The person was found to be in possession of the assault weapons within one year following the end of the one-year registration period established pursuant to subsection (A) of Section 16-24-70.
(5) The person has since registered the firearms and any other lawfully obtained firearms pursuant to Section 16-24-70, except as provided for by this section, or relinquished them pursuant to Section 16-24-20.
(D) Firearms seized pursuant to subsection (C) shall be returned unless the court finds in the interest of public safety, after notice and hearing, that the assault weapon should be destroyed.
(E) Notwithstanding any other provision of law, any person who commits another crime while violating this section may receive an additional, consecutive punishment of one year for violating this section in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime.
(F) Subsections (A) and (B) shall not apply to the sale to, purchase by, or possession of assault weapons by the State Law Enforcement Division, police departments, sheriffs' offices, marshals' offices, the Department of Corrections, the South Carolina Highway Patrol, the Department of Public Safety, solicitors' offices, or the military or naval forces of this state or of the United States for use in the discharge of their official duties; nor shall anything in this chapter prohibit the possession or use of assault weapons by sworn members of these agencies when on duty, whether the officer is on or off duty, or the possession by an individual who is retired from service with a law enforcement agency and who is not otherwise prohibited from possessing an assault weapon transferred to the individual by the agency upon his or her retirement.
(G) Subsection (B) shall not apply to the possession of an assault weapon by any person during the year, during the ninety-day period immediately after the date it was specified as an assault weapon or during the one-year period after the date it was defined as an assault weapon pursuant to Section 16-24-50, if all of the following are applicable:
(1) The person is eligible under this chapter to register the particular assault weapon.
(2) The person is otherwise in compliance with this chapter.
(H) Subsections (A) and (B) shall not apply to the manufacture by persons who are issued permits for the manufacture of assault weapons for sale to the following:
(1) Exempt entities listed in subsection (F).
(2) Entities and persons who have been issued permits pursuant to state pr federal law.
(3) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in paragraphs (4) to (6), inclusive.
(4) Federal military and law enforcement agencies.
(5) Law enforcement and military agencies of other states.
(6) Foreign governments and agencies approved by the United States State Department.
(I) Subsection (A) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon which is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter.
(J) Subsection (B) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon if the assault weapon is possessed at a place set forth in paragraph (1) of subsection (C) of Section 16-24-70 or as authorized by the probate court.
(K) Subsection (A) shall not apply to:
(1) A person who lawfully possesses and has registered an assault weapon pursuant to this chapter who lends that assault weapon to another if all the following apply:
(a) the person to whom the assault weapon is lent is eighteen years of age or over and is not in a class of persons prohibited by law from possessing firearms;
(b) the person to whom the assault weapon is lent remains in the presence of the registered possessor of the assault weapon; and
(c) the assault weapon is possessed at any of the following locations:
(i) while on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range;
(ii) while on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets; or
(iii) while attending any exhibition, display, or educational project that is about firearms and that is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
(2) The return of an assault weapon to the registered possessor which is lent by the same pursuant to paragraph (1).
(L) Subsection (B) shall not apply to the possession of an assault weapon by a person to whom an assault weapon is lent pursuant to subsection (I).
(M) Subsections (A) and (B) shall not apply to the possession and importation of an assault weapon into this state by a nonresident if all of the following conditions are met:
(1) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon.
(2) The competition or match is conducted on the premises of one of the following:
(a) a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range; or
(b) a target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.
(3) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
(4) The assault weapon is transported in accordance with subsection (17)(e) of Section 16-24-20.
(5) The person is eighteen years of age or over and is not in a class of persons prohibited from possessing firearms by the provisions of this chapter or any other provision of state or federal law.
Section 16-24-70. (A) Any person who lawfully possesses an assault weapon, as defined in Section 16-24-50, prior to June 1, 1989, shall register the firearm by January 1, 2002, and any person who lawfully possessed an assault weapon prior to the date it was specified as an assault weapon pursuant to Section 16-24-50 shall register the firearm within ninety days with SLED, pursuant to those procedures that SLED may establish. The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and thumbprint of the owner, and any other information that SLED may deem appropriate. SLED may charge a fee for registration of up to twenty dollars ($20) per person but not to exceed the actual processing costs. After SLED establishes fees sufficient for the reimbursement of processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustment for SLED's budget or as otherwise increased through the general appropriation act.
(B)(1) Except as provided in paragraph (2), no assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 2001, to anyone within this state other than to a licensed gun dealer unless the weapon was an assault weapon solely pursuant to the magazine attached in accordance with the definition of an assault weapon in Section 16-24-50 and the magazine was removed prior to sale or transfer. Any person who (i) obtains title to an assault weapon registered under this section by bequest or intestate succession, or (ii) lawfully possessed a firearm subsequently declared to be an assault weapon or subsequently defined as an assault weapon shall, within ninety days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer, obtain a permit from SLED in the manner as specified by this chapter or remove the weapon from this state. A person who lawfully possessed a firearm that was subsequently declared to be an assault weapon pursuant to Section 16-24-50 may alternatively register the firearm within ninety days of the declaration.
(2) A person moving into this state, otherwise in lawful possession of an assault weapon, shall do one of the following:
(a) prior to bringing the assault weapon into this state, that person shall first obtain a permit from SLED; or
(b) the person shall cause the assault weapon to be delivered to a licensed gun dealer in this state in accordance with applicable provisions of the United States Code and the regulations issued pursuant thereto. If the person obtains a permit from SLED, the dealer shall redeliver that assault weapon to the person. If the licensed gun dealer is prohibited from delivering the assault weapon to a person pursuant to this paragraph, the dealer shall possess or dispose of the assault weapon as allowed by this chapter.
(C) A person who has registered an assault weapon under this section may possess it only in accordance with the following conditions unless a permit allowing additional uses is first obtained:
(1) At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission.
(2) While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.
(3) While on a target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.
(4) While on the premises of a shooting club which is licensed pursuant to the Fish and Game Code.
(5) While attending any exhibition, display, or educational project which is about firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.
(6) While on publicly owned land if the possession and use of a firearm described in this chapter is specifically permitted by the managing agency of the land.
(7) While transporting the assault weapon between any of the places mentioned in this subsection or to any licensed gun dealer for servicing or repair if the assault weapon is transported as required by the provisions of this chapter or other applicable provisions of law.
(D) No person who is under the age of eighteen years, no person who is prohibited from possessing a firearm by the provisions of this chapter or other applicable provisions of law may register or possess an assault weapon.
(E) The department's registration procedures shall provide the option of joint registration for assault weapons owned by family members residing in the same household.
(F) For ninety days following January 1, 2001, a forgiveness period shall exist to allow persons specified in subsection (B) of Section 16-24-60 to register with SLED assault weapons that they lawfully possessed prior to June 1, 1989.
(G) Any person who registers his or her assault weapon during the ninety-day forgiveness period described in subsection (F), and any person whose registration form was received by SLED after January 1, 2002, and who was issued a temporary registration prior to the end of the forgiveness period, shall not be charged with a violation of subsection (B) of Section 16-24-60, if law enforcement becomes aware of that violation only as a result of the registration of the assault weapon.
Section 16-24-80. SLED shall conduct a public education and notification program regarding the registration of assault weapons and the definition of the weapons set forth in Section 16-24-50. The public education and notification program shall include outreach to local law enforcement agencies and utilization of public service announcements in a variety of media approaches, to ensure maximum publicity of the limited forgiveness period of the registration requirement specified in subsection (F) of Section 16-24-70 and the consequences of nonregistration. The department shall develop posters describing gunowners' responsibilities under this chapter which shall be posted in a conspicuous place in every licensed gun store in the state during the forgiveness period."
SECTION 2. If any phrase, clause, sentence, section, or provision of this act or application thereof is held invalid as to any person or circumstance, such invalidity shall not affect any other phrase, clause, sentence, section, provision, or application of this act, that can be given effect without the invalid phrase, clause, sentence, section, provision, or application and to this end the provisions of the act are declared to be severable.
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Wednesday, December 9, 2009 at 9:09 A.M.