Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
H. 4837
STATUS INFORMATION
General Bill
Sponsors: Reps. Duncan, M.A. Pitts, Umphlett, Haley, Toole, Agnew, Bailey, Clyburn, Hardwick, Herbkersman, Hiott, Hosey, Huggins, Leach, Littlejohn, McGee, Merrill, Ott, Phillips, Simrill, Taylor and Witherspoon
Document Path: l:\council\bills\ms\7160cm06.doc
Introduced in the House on March 15, 2006
Currently residing in the House Committee on Judiciary
Summary: Firearms
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/15/2006 House Introduced and read first time HJ-104 3/15/2006 House Referred to Committee on Judiciary HJ-105
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 16-23-25 SO AS TO PROVIDE FOR THE LAWFUL STORAGE AND TRANSPORTATION OF FIREARMS IN A LOCKED VEHICLE LOCATED IN CERTAIN AREAS, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION, TO PROVIDE THAT CERTAIN PERSONS ARE NOT LIABLE IN A CIVIL ACTION FOR CERTAIN INCIDENTS THAT RESULT FROM THE USE OF A FIREARM THAT IS BEING LAWFULLY TRANSPORTED AND STORED IN A MOTOR VEHICLE PURSUANT TO THIS SECTION, TO PROVIDE THAT A PERSON WHO IS INJURED AS A RESULT OF CERTAIN POLICIES OR RULES PROHIBITED BY THIS SECTION MAY BRING A CIVIL ACTION UNDER CERTAIN CIRCUMSTANCES AND OBTAIN CERTAIN REMEDIES, TO PROVIDE A DEFINITION FOR THE TERM "MOTOR VEHICLE", AND TO ESTABLISH THE INTENT OF THIS PROVISION; AND BY ADDING SECTION 23-31-221 SO AS TO PROVIDE THAT NOTHING CONTAINED IN PROVISIONS THAT PROVIDE FOR THE ISSUANCE OF CONCEALED WEAPON FORM PERMITS PROHIBITS A PERSON WHO POSSESSES A PERMIT FROM PARKING A MOTOR VEHICLE IN CERTAIN AREAS WHEN THE PERSON IS LAWFULLY TRANSPORTING AND STORING A FIREARM IN THE MOTOR VEHICLE, AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS PROVISION.
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 by adding:
"Section 16-23-25. (A) Being a fundamental individual right of all law-abiding citizens to keep and bear arms, a person may not be prohibited from parking a motor vehicle on property set aside for the parking of a motor vehicle, whether or not the property is designated as a parking lot, parking facility, or parking space, when a firearm is lawfully stored and transported in the motor vehicle, and the firearm is locked in or locked to the motor vehicle.
(B) A person, property owner, tenant, employer, or owner of a business entity who violates this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. This section must be construed in favor of the lawful use, ownership, and possession of firearms and other weapons, including lawful self-defense, defense of others, and the protection of real or personal property.
(C) A person, property owner, tenant, employer, or business entity is not liable in a civil action for an occurrence which results from, is connected with, or is incidental to the use of a firearm which is being lawfully transported and stored in a locked motor vehicle on property set aside for the parking of motor vehicles as provided in subsection (A), unless the person, property owner, tenant, employer, or owner of the business entity commits or directs a criminal act involving the use of the firearm.
(D)(1) A person who is injured as a result of a policy or rules prohibited by subsection (A) may bring a civil action against a person, property owner, tenant, employer, or business entity violating the provisions of subsection (A). If a plaintiff prevails in a civil action related to a policy or rules prohibited by this section, the court shall award actual damages, enjoin further violations of this section and award court costs and attorney's fees to the prevailing plaintiff.
(2) An employee discharged by an employer or business entity for a violation of a provision contained in subsection (A), when the employee was lawfully transporting or storing a firearm in a locked motor vehicle on property set aside by the employer or business entity for the parking of motor vehicles as contained in subsection (A) is entitled to full recovery as specified in this item. If the demand for this recovery is denied, the employee may bring a civil action against the employer and is entitled to:
(a) reinstatement to the same position held at the time of his termination from employment or to an equivalent position;
(b) reinstatement of the employee's full fringe benefits and seniority rights, as appropriate;
(c) compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the termination; and
(d) payment of reasonable attorney's fees and costs incurred.
(E) As used in this section, 'motor vehicle' means any automobile, truck, minivan, sports utility vehicle, motorcycle, motor scooter, or another vehicle required to be registered.
(F) The intent of this section is to reinforce and protect the right of each law-abiding citizen to enter and exit a parking lot, parking facility, or space used for the parking of motor vehicles while the person is lawfully transporting and storing a firearm in the motor vehicle and the firearm is locked in or locked to the motor vehicle, to avail himself of temporary or long-term parking or storage of a motor vehicle, and to prohibit any infringement of the right to lawful possession of firearms when the firearms are being transported and stored in a vehicle for a lawful purpose."
SECTION 2. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-221. Nothing contained in this article may be construed to allow a person, property owner, tenant, employer, or business entity to establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person who is licensed under this article from parking a motor vehicle on property set aside for the parking of a motor vehicle, whether or not the property is designated as a parking lot, parking facility, or parking space, when the person is lawfully transporting and storing a firearm in the motor vehicle and the firearm is locked in or locked to the motor vehicle. A person, property owner, tenant, employer, or owner of a business entity that violates this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars, or imprisoned for not more than ten years, or both."
SECTION 3. 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 4. This act takes effect upon approval by the Governor.
This web page was last updated on Friday, December 4, 2009 at 3:52 P.M.