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Sponsors: Reps. Viers, Barfield, Clemmons, Duncan and Cotty
Document Path: l:\council\bills\swb\5117cm03.doc
Companion/Similar bill(s): 211, 3442
Introduced in the House on January 16, 2003
Currently residing in the House Committee on Judiciary
Summary: Purchase of more than one pistol during Thirty-day period
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/16/2003 House Introduced and read first time HJ-231 1/16/2003 House Referred to Committee on Judiciary HJ-231 1/22/2003 House Member(s) request name added as sponsor: Duncan 2/4/2003 House Member(s) request name added as sponsor: Cotty
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION TO PURCHASE A PISTOL AND RESTRICTIONS RELATED TO THE PURCHASE OF A PISTOL SO AS TO DELETE THE PROVISION THAT DISALLOWS A PERSON TO PURCHASE MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THIS PROVISION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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:
(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 ;.
No A person is not allowed to purchase a pistol from a dealer unless he has fully completed the application fully.
No A person is not allowed to purchase more than one pistol on each application and no person is allowed to purchase more than one pistol during each thirty-day period.
The provisions of Subsection (C) do not does not apply to:
(1) a law enforcement agency provided that the conditions of subsection (E) are met,
(2)(1) an agency duly authorized to perform law enforcement duties ,;
(3)(2) county and municipal penal facilities and the State Department of Corrections ,; or
(4)(3) a private security company licensed to do business within this State ,or.
(5) a person whose pistol is stolen or irretrievably lost and who feels that it is essential that he immediately purchase a pistol may obtain a special permit which will enable him to purchase a pistol 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. 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 during a thirty-day period as long as the following conditions are met:
(1) the pistols purchased are for use in this State;
(2) ownership of the pistols 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 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 for the agency or company. The letter of authorization must contain such information as may be required by the division.
(F)(E) No A person may not purchase a pistol 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)(F) 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."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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