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H. 4473
STATUS INFORMATION
General Bill
Sponsors: Reps. Ceips, M.A. Pitts, Battle, Brady, Davenport, Duncan, Hardwick, Haskins, Limehouse, Merrill, Miller, Scarborough, Witherspoon and Owens
Document Path: l:\council\bills\ms\7048cm06.doc
Introduced in the House on January 19, 2006
Currently residing in the House Committee on Judiciary
Summary: Concealed weapons permit
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/19/2006 House Introduced and read first time HJ-9 1/19/2006 House Referred to Committee on Judiciary HJ-10 1/25/2006 House Member(s) request name added as sponsor: Owens
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION MAY ISSUE EMERGENCY PERMITS THAT ALLOW CERTAIN PERSONS TO CARRY A CONCEALED WEAPON; AND TO AMEND SECTION 20-4-60, AS AMENDED, RELATING TO A PETITION FOR AN ORDER OF PROTECTION, SO AS TO PROVIDE THAT WHEN AN ORDER OF PROTECTION IS ISSUED, THE CLERK OF COURT MUST PROVIDE THE PETITION'S APPLICANT WITH AN INFORMATIONAL SHEET THAT EXPLAINS THE APPLICANT'S RIGHT TO APPLY FOR A PERMIT TO CARRY A CONCEALED WEAPON, AND THAT THE JUDGE THAT ISSUES AN ORDER OF PROTECTION MUST INFORM A VICTIM OF CRIMINAL DOMESTIC VIOLENCE VERBALLY AND IN WRITING THAT THE VICTIM IS ELIGIBLE TO OBTAIN A PERMIT TO CARRY A CONCEALED WEAPON.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-245. (A) Upon presentment to SLED of the completion of the items contained in Section 23-31-215(A)(1),(2),(3),(4),(6), and (7) and a written explanation of existing emergency circumstances, SLED must issue an emergency permit to carry a concealed weapon to any person in an emergency situation that may constitute a risk of safety to the person, the person's family, or the person's property. The applicant may submit proof of an order of protection issued under Section 20-40-60 for the protection of the applicant as evidence of an emergency situation.
(B) If an applicant for an emergency permit to carry a concealed weapon is present in South Carolina, he is considered a resident, regardless of his intent of making a permanent home in South Carolina. A current bill from a hotel, motel, boarding house, or other lodging, or a sworn statement from another party that the applicant is temporarily staying in their home, or property owned or leased by them, or a sworn statement from the applicant that he is staying in a home, house, or center that shelters victims of family abuse, or any other documentation that SLED may determine fulfills the proof of residence requirement contained in Section 23-31-215(A)(3). An emergency permit issued pursuant to this section is valid for ninety days, and may be renewed indefinitely for additional ninety-day periods, if SLED reasonably believes the risk to the person, the person's family, or the person's property continues. Subsection (D) of this section does not apply to a person issued permits under this section.
(C) SLED, within two days of receiving all items required by this section, must either issue or deny the emergency permit and notify the applicant of the decision at his last known address.
(D) Once issued, an emergency permit to carry a concealed weapon is valid for ninety days and may not be renewed. The emergency permit may be revoked by SLED at any time.
(E) SLED shall consider any application for an emergency permit pursuant to this section an application for a permit to carry a concealed weapon pursuant to Section 23-31-215, provided the applicant provides proof of training as required by Section 23-31-215(A)(5) within thirty days of the application for the emergency permit.
(F) All information gathered under this section, including applications, affidavits, and other documentation, is privileged and confidential, and not subject to disclosure under the provisions of Section 23-31-215(I) except for purposes of this section or for law enforcement purposes."
SECTION 2. Section 20-4-60 of the 1976 Code, as last amended by Act 396 of 1996, is further amended by adding at the end:
"(f) When an order of protection is issued pursuant to this chapter, the clerk of court shall provide the applicant with an informational sheet developed by the State Law Enforcement Division that explains the applicant's right to apply for an emergency concealed weapon permit pursuant to Section 23-31-250 and a concealed weapon permit pursuant to Section 23-31-215.
(g) A judge that issues an order of protection must inform a victim of criminal domestic violence verbally and in writing that the victim is eligible to apply for an emergency concealed weapon permit pursuant to Section 23-31-250 and a concealed weapon permit pursuant to Section 23-31-215."
SECTION 3. This act takes effect upon approval by the Governor.
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