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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
May 12, 2004
Introduced by Reps. Bingham, Trotter, M.A. Pitts, Umphlett, Taylor, E.H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, White, G.R. Smith, Barfield, Chellis, Clemmons, Cooper, Duncan, Merrill, Scarborough, Ott and Quinn
S. Printed 5/12/04--S.
Read the first time February 18, 2004.
To whom was referred a Bill (H. 3482) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
LARRY A. MARTIN for Committee.
EXPLANATION OF IMPACT:
A review of this bill by the State Law Enforcement Division (SLED) indicates there will be no impact on the General Fund of the State or on federal and /or other funds.
LOCAL GOVERNMENT IMPACT:
Seven local governments indicated enactment would have either no impact or minimal impact on their locality.
Office of State Budget
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. Article 1, Chapter 23, Title 16 of the 1976 Code is amended to read:
Section 16-23-10. When used in this article:
(a)(1) 'Pistol' 'Handgun' means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.
(b)(2) The term 'Dealer' means any person engaged in the business of selling firearms at retail or any person who is a pawnbroker.
(c)(3) The term 'Crime of violence' means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.
(d)(4) The term 'Fugitive from justice' means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.
(e)(5) The term 'Subversive organization' means any group, committee, club, league, society, association or combination of individuals the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure or overthrow of the government of the United States or any state or political subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing.
(f)(6) The term 'Conviction' as used herein shall include pleas of guilty, pleas of nolo contendere and forfeiture of bail.
(g)(7) The term 'Division' shall mean means the State Law Enforcement Division.
(h)(8) The terms 'Purchase' or 'sell' mean means to knowingly buy, offer to buy, receive, lease, rent, barter, exchange, pawn or accept in pawn.
(i)(9) The term 'Person' shall mean means any individual, corporation, company, association, firm, partnership, society or joint stock company.
(10) 'Luggage compartment' means the trunk of a motor vehicle which contains such; however, with respect to a motor vehicle which does not contain a trunk, the term 'luggage compartment' refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term 'luggage compartment' refers to the area behind, but not under, the rearmost seat. In a truck, the term 'luggage compartment' refers to the area behind, but not under, the front seats.
Section 16-23-20. It is unlawful for anyone to carry about the person any
pistol handgun, whether concealed or not, except as follows and as otherwise specifically prohibited by law:
(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, or their invitees, of organizations authorized by law to purchase or receive firearms from the United States or this State
, or regularly enrolled members, or their invitees, 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 who are engaged in hunting or fishing or going to or from their places of hunting or fishing . while in a vehicle or on foot;
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 handgun in the usual or ordinary course of the business .;
(6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency
thereof. of the United States;
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 .;
Any a person in his home , or upon his real property , or fixed place of business. a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;
Any a person in a vehicle where if the pistol handgun is secured in a closed glove compartment, closed console, or closed trunk ., or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance;
Any a person carrying a pistol handgun 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 .;
Any a prison guard while engaged in his official duties .;
Any a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a pistol handgun about his person, under conditions set forth in the permit ., and while transferring the handgun between the permittee's person and a location specified in item (9);
(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after acquiring a permit pursuant to item (12);
(14) a person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);
(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.
Persons authorized to carry weapons pursuant to items (6) and (12) of this section 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 16-23-30. (A) It
shall be is unlawful for any a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any pistol handgun to:
(a)(1) Any a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent.
(b)(2) Any a person who is a member of a subversive organization.
(c)(3) Any a person under the age of twenty-one, but this shall not apply to the issue of pistols handguns to members of Armed Forces of the United States, active or reserve, National Guard, State Militia or R. O. T. C., when on duty or training or the temporary loan of pistols handguns for instructions under the immediate supervision of a parent or adult instructor.
(d)(4) Any a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a pistol handgun, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but any person who shall be the subject of such an application shall be entitled to reasonable notice and a proper hearing prior to any such adjudication.
(e)(B) It shall be is unlawful for any a person covered in (a), (b), (c) or (d) of this section enumerated in subsection (A) to possess or acquire pistols handguns within this State.
(f) (C) No A person shall may not knowingly buy, sell, transport, pawn, receive, or possess any stolen pistol handgun or one from which the original serial number has been removed or obliterated.
Section 16-23-50. (A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(2) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(B) In addition to the penalty provided in this section, the
pistol handgun involved in the violation of this article must be confiscated. The pistol handgun must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated pistol handgun may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols handguns in this State for a pistol handgun or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the pistol handgun, it the division may keep it the handgun for use by its forensic laboratory. Records must be kept of all confiscated pistols handguns received by the law enforcement agencies under the provisions of this article.
Section 16-23-55. (A) A
pistol handgun that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine:
(1) if the
pistol handgun is stolen;
(2) if it has been used in the commission of a crime;
(3) the true owner of the
(B) At least twice during the ninety-day holding period the agency shall advertise the
pistol handgun with its full description in a newspaper having general circulation in the county where the pistol handgun was found.
(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the
pistol handgun, the agency shall return the pistol handgun to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law and pays all advertising and other costs incidental to returning the pistol handgun. No pistol A handgun may not be returned until the individual fully completes the application.
(D) Upon proper completion of the application, the law enforcement agency shall provide copies of the application in compliance with Section 23-31-140.
Section 16-23-60. Provisions of this article
shall must not be construed to grant any additional police powers not authorized by law, nor or must not in any manner affect the powers of constables commissioned by the Governor.
SECTION 2. This act takes effect upon approval by the Governor.
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