South Carolina General Assembly
115th Session, 2003-2004

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S. 301

STATUS INFORMATION

General Bill
Sponsors: Senators Verdin, Kuhn and Reese
Document Path: l:\council\bills\nbd\11176ac03.doc

Introduced in the Senate on January 30, 2003
Currently residing in the Senate Committee on Judiciary

Summary: Pistols, exceptions clarified

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/30/2003  Senate  Introduced and read first time SJ-3
   1/30/2003  Senate  Referred to Committee on Judiciary SJ-3

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/30/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 16-23-20 of the 1976 Code, as last amended by Act 464 of 1996, is further amended to read:

"Section 16-23-20.(A)    It is unlawful for anyone to carry a pistol about one's the person any pistol, whether concealed or not, except as follows:

(1)    regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators.;

(2)    members of the Armed Forces of the United States or of, the National Guard, organized reserves, or the State Militia when on duty.;

(3)    members of organizations authorized by law to purchase or receive firearms from the United States or this State, or regularly enrolled members of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members or their invitees are at or going to or from their places of target practice or their shows and exhibits.;

(4)    licensed hunters or fishermen while engaged in hunting or fishing or going to or from their places of hunting or fishing.;

(5)    Any a person regularly engaged in the business of manufacturing, repairing, repossession repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a pistol in the usual or ordinary course of the business.;

(6)    guards engaged in protection of property of the United States or any agency thereof. of the United States;

(7)    Any members of authorized military or civil organizations while parading or the members thereof when going to and from the places of meeting of their respective organizations.;

(8)    Any a person while in his a home, or upon his real property, or at a fixed place of business. if the person has the permission of the owner, the person in legal possession, or the person in legal control of the home, real property, or fixed place of business;

(9)    Any a person in a vehicle where if the pistol is secured in a closed glove compartment, closed console, closed container, or closed trunk. or while transferring a pistol between one's person and a location specified in this item; however, this item is not violated if the glove compartment, console, container, or trunk is opened for the sole purpose of retrieving a driver's license, registration, or proof of insurance in the presence of a law enforcement officer;

(10)    Any a person carrying a pistol unloaded and in a secure wrapper from the place of purchase to his home or a fixed place of business or while in the process of the changing or moving of one's residence or the changing or moving of his one's fixed place of business.;

(11)    Any a prison guard while engaged in his official duties.;

(12)    Any a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol about his one's person, under conditions set forth in the permit.;

(13)    a person while transferring a pistol between exceptions listed in items (1) through (12).

(B)    Persons A person authorized to carry weapons a pistol pursuant to items (6) and or (12) of this section subsection (A) may exercise this privilege only after acquiring a permit from the State Law Enforcement Division as provided for in Article 4 of Chapter 31 of Title 23."

SECTION    2.    This act takes effect upon approval by the Governor.

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