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Current Status Bill Number:View additional legislative information at the LPITS web site.3010 Ratification Number:349 Act Number:274 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010109 Primary Sponsor:Knotts All Sponsors:Knotts, Davenport, J. Young, Sandifer, Robinson, Huggins, Bingham, Rodgers, Delleney, Rice, Sharpe, Simrill, G.M. Smith, Leach, Trotter, Lucas, White, Bowers, Taylor, Klauber, Vaughn, A. Young, Rhoad, Meacham-Richardson, Hayes, Stuart, Cato, Kirsh, Tripp, Snow, Campsen, Scarborough, Hinson, Ott, Loftis, Barfield, Talley, Koon, D.C. Smith, Whatley, Owens Drafted Document Number:l:\council\bills\ggs\22699cm01.doc Companion Bill Number:261 Date Bill Passed both Bodies:20020509 Date of Last Amendment:20020507 Governor's Action:S Date of Governor's Action:20020528 Subject:Concealable weapons, places prohibited to carry; concealable weapon permit provisions; posting of signs prohibiting concealable weapons History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20020613 Act No. A274 ------ 20020528 Signed by Governor ------ 20020522 Ratified R349 Senate 20020509 Concurred in House amendment, enrolled for ratification House 20020508 Recalled from Senate House 20020507 Senate amendments amended, returned to Senate with amendment Senate 20020430 Read third time, returned with amendment ------ 20020425 Scrivener's error corrected Senate 20020424 Made Special Order Senate 20020424 Amended, read second time Senate 20020423 Debate interrupted by adjournment Senate 20020410 Made Special Order ------ 20020311 Scrivener's error corrected Senate 20020306 Committee report: majority 11 SJ favorable, with amendment, minority unfavorable Senate 20010529 Introduced, read first time, 11 SJ referred to Committee House 20010525 Read third time, sent to Senate House 20010524 Amended, read second time, unanimous consent for third reading on Friday, 20010525 House 20010524 Co-Sponsor added (Rule 5.2) by Rep. Owens House 20010523 Co-Sponsor added (Rule 5.2) by Rep. Whatley ------ 20010523 Scrivener's error corrected House 20010522 Recalled from Committee 25 HJ House 20010508 Co-Sponsor added (Rule 5.2) by Rep. D.C. Smith House 20010405 Co-Sponsor added (Rule 5.2) by Rep. Koon House 20010404 Co-Sponsor added (Rule 5.2) by Rep. Talley House 20010403 Co-Sponsor added (Rule 5.2) by Rep. Loftis Barfield House 20010328 Co-Sponsor added (Rule 5.2) by Rep. Campsen Scarborough Hinson Ott House 20010327 Co-Sponsor added (Rule 5.2) by Rep. Snow House 20010322 Co-Sponsor added (Rule 5.2) by Rep. Cato Kirsh Tripp House 20010321 Co-Sponsor added (Rule 5.2) by Rep. Meacham- Richardson Hayes Stuart House 20010320 Co-Sponsor added (Rule 5.2) by Rep. Sharpe Simrill G.M. Smith Leach Trotter Lucas White Bowers Taylor Klauber Vaughn A. Young Rhoad ------ 20010315 Co-Sponsor added (Rule 5.2) by Rep. Rice House 20010314 Co-Sponsor added (Rule 5.2) by Rep. Delleney House 20010313 Co-Sponsor added (Rule 5.2) by Rep. Rodgers House 20010312 Co-Sponsor added (Rule 5.2) by Rep. Bingham ------ 20010206 Companion Bill No. 261 House 20010118 Co-Sponsor added (Rule 5.2) by Rep. Huggins House 20010109 Introduced, read first time, 25 HJ referred to Committee House 20001206 Prefiled, referred to Committee 25 HJ Versions of This Bill Revised on May 22, 2001 - Word format Revised on May 23, 2001 - Word format Revised on May 24, 2001 - Word format Revised on March 6, 2002 - Word format Revised on March 11, 2002 - Word format Revised on April 24, 2002 - Word format Revised on April 25, 2002 - Word format Revised on May 7, 2002 - Word format
(A274, R349, H3010)
AN ACT TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO MAKE TECHNICAL CHANGES, AND TO PROVIDE THAT A PERSON WHO IS AUTHORIZED TO CARRY A CONCEALED WEAPON MAY CARRY A CONCEALED WEAPON UPON ANY PREMISES, PROPERTY, OR BUILDING THAT IS PART OF AN INTERSTATE REST AREA FACILITY; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON PREMISES CONSUMPTION, SO AS TO REVISE THE PARTICULARS OF THIS OFFENSE; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO SPECIFY THE SIZE OF THE PHOTOGRAPH, TO PROVIDE THAT THE SUBMISSION OF A COMPLETE SET OF FINGERPRINTS WITH AN INITIAL OR RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT MAY BE WAIVED UNDER CERTAIN CIRCUMSTANCES, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO PROVIDE A CONCEALABLE WEAPON PERMIT HOLDER WHO IS CARRYING A CONCEALABLE WEAPON MUST INFORM A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES THAT HE IS A PERMIT HOLDER, TO PROVIDE THAT A CONCEALABLE WEAPON PERMIT HOLDER WHO IS GIVEN EXPRESS PERMISSION BY THE APPROPRIATE CHURCH OFFICIAL OR GOVERNING BODY MAY CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER ESTABLISHED RELIGIOUS SANCTUARY, AND TO PROVIDE THAT ONCE A CONCEALABLE WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALABLE WEAPON PERMIT IS VOID AND MUST BE SURRENDERED TO SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Be it enacted by the General Assembly of the State of South Carolina:
Carrying of firearms and concealed weapons
SECTION 1. Section 16-23-420 of the 1976 Code, as last amended by Act 464 of 1996, is further amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry onto any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or into any publicly-owned building a firearm of any kind, without the express permission of the authorities in charge of the premises or property.
(B) It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.
(E) For purposes of this section, the terms 'premises' and 'property' do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic.
(F) This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility."
Carrying a pistol or firearm into a business
SECTION 2. Section 16-23-465 of the 1976 Code, as last amended by Act 464 of 1996, is further amended to read:
"Section 16-23-465. In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.
In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked."
Resident defined
SECTION 3. Section 23-31-210(1) of the 1976 Code, as added by Act 464 of 1996, is amended to read:
"(1) 'Resident' means an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders."
Concealable weapon permit
SECTION 4. Section 23-31-215 of the 1976 Code, as last amended by Act 39 of 1997, is further amended to read:
"Section 23-31-215. (A) Notwithstanding any other provision of law, except subject to subsection (B) of this section, SLED must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon 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) one current full face color photograph of the person, not smaller than one inch by one inch nor larger than three inches by five inches;
(3) proof of residence;
(4) proof of actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;
(5) proof of training;
(6) payment of a fifty-dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and
(7) a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant's fingerprints may not be taken. If all other qualifications are met, the Director of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(B) Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides. The sheriff must, within ten working days after notification by SLED, submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit.
(C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial.
(D) 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 Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.
(E) SLED must make permit application forms 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.
(F) 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;
(3) he is a resident of this State or he is military personnel on permanent change of station orders; and
(4) all information contained in his application is true and correct to the best of his knowledge.
(G) Medical personnel, law enforcement agencies, organizations offering handgun education courses pursuant to Section 23-31-210(4)(a), 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; provided, however, a weapons instructor must meet the requirements established in Section 23-31-210(4)(b), (c), (d), (e), or (f) in order to be exempt from liability under this subsection.
(H) 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.
(I) SLED must maintain a list of all permit holders and the current status of each permit. Upon request, SLED must release the list of permit holders or verify an individual's permit status. SLED may charge a fee not to exceed its costs in releasing the information under this subsection.
(J) 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;
(3) voluntarily surrendered the permit; or
(4) been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge.
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. A person who fails to surrender his permit in accordance with this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
(L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five-dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder, at which time the original permit must be returned to SLED.
(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:
(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional facility or office;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) school or college athletic event not related to firearms;
(7) daycare facility or pre-school facility;
(8) place where the carrying of firearms is prohibited by federal law;
(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or
(10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.
A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.
(N) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State. SLED shall make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this article and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity.
(O) A permit issued pursuant to this article is not required for a person:
(1) specified in Section 16-23-20, items (1) through (5) and items (7) through (11);
(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.
(P) A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a permit upon:
(1) payment of a fifty-dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;
(2) submission of one current full face color photograph of the applicant not smaller than one inch by one inch nor larger than three inches by five inches; and
(3) a complete set of fingerprints or medical waiver as evidenced in a statement of medical limitation as provided in subsection (A). A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(Q) Upon submission of the items required by subsection (P) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. If the background check is favorable, SLED must renew the permit.
(R) No provision contained within this article shall expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately before the effective date of this article, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. Absence of a sign prohibiting concealable weapons shall not constitute negligence or establish a lack of duty of care.
(S) Once a concealed weapon permit holder is no longer a resident of this State, his concealed weapon permit is void, and immediately must be surrendered to SLED."
Posting of signs prohibiting concealable weapons
SECTION 5. Section 23-31-235 of the 1976 Code, as added by Act 464 of 1996, is amended to read:
"Section 23-31-235. (A) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.
(B) All signs must be posted at each entrance into a building where a concealable weapon permit holder is prohibited from carrying a concealable weapon and must be:
(1) clearly visible from outside the building;
(2) eight inches wide by twelve inches tall in size;
(3) contain the words 'NO CONCEALABLE WEAPONS ALLOWED' in black one-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;
(4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty-five degree angle from the horizontal;
(5) a diameter of a circle; and
(6) placed not less than forty inches and not more than sixty inches from the bottom of the building's entrance door.
(C) If the premises where concealable weapons are prohibited does not have doors, then the signs contained in subsection (A) must be:
(1) thirty-six inches wide by forty-eight inches tall in size;
(2) contain the words 'NO CONCEALABLE WEAPONS ALLOWED' in black three-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;
(3) contain a black silhouette of a handgun inside a circle thirty-four inches in diameter with a diagonal line that is two inches wide and runs from the lower left to the upper right at a forty-five degree angle from the horizontal and must be a diameter of a circle whose circumference is two inches wide;
(4) placed not less than forty inches and not more than ninety-six inches above the ground;
(5) posted in sufficient quantities to be clearly visible from any point of entry onto the premises."
Acts that may not be committed at any parks
SECTION 6. Section 51-3-145(G) of the 1976 Code is amended to read:
"(G) Possessing any firearm, airgun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. This subsection shall not apply to a person carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, and the concealable weapon and its ammunition."
Time effective
SECTION 7. This act takes effect upon approval by the Governor.
Ratified the 22nd day of May, 2002.
Approved the 28th day of May, 2002.
This web page was last updated on Tuesday, December 8, 2009 at 4:13 P.M.