South Carolina General Assembly
115th Session, 2003-2004

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Bill 1033

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 21, 2004

S. 1033

Introduced by Senators Verdin, Grooms, Reese, O'Dell, Ryberg, Fair, Hawkins, Cromer, Mescher, Thomas, Ravenel, Martin, Waldrep and Knotts

S. Printed 4/21/04--S.

Read the first time March 4, 2004.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 1033) to amend Section 16-23-20, Code of Laws of South Carolina, 1976, relating to exceptions to the unlawful carrying of pistols, so as to add as, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/    SECTION    1.    Section 16-23-20 of the 1976 Code is amended by adding an item to read:

"(13)    Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar, closed accessory container attached, whether permanently or temporarily, to the motorcycle."

SECTION    2.    Section 16-23-420 of the 1976 Code, as amended by Act 274 of 2002, is further amended to read:

"Section 16-23-420.    (A)    It is unlawful for a person to carry onto possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or into in 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."

SECTION    3.    This act takes effect upon approval by the Governor.    /

Renumber sections to conform.

Amend title to conform.

LARRY A. MARTIN for Committee.

            

A BILL

TO AMEND SECTION 16-23-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE UNLAWFUL CARRYING OF PISTOLS, SO AS TO ADD AS AN EXCEPTION A PERSON RIDING ON A MOTORCYCLE WHEN THE PISTOL IS SECURED IN A CLOSED SADDLEBAG OR OTHER SIMILAR, CLOSED ACCESSORY CONTAINER ATTACHED TO THE MOTORCYCLE.

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

SECTION    1.    Section 16-23-20 of the 1976 Code is amended by adding an item to read:

"(13)    Any person riding on a motorcycle when the pistol is secured in a closed saddlebag or other similar, closed accessory container attached, whether permanently or temporarily, to the motorcycle."

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

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