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AMENDED
May 31, 2005
S. 659
Introduced by Senators Campsen, Scott, Alexander, Ryberg, J. Verne Smith, Mescher, Drummond, Knotts, Malloy, Bryant, Elliott, Grooms, Cromer, Hutto, Sheheen, Pinckney, Verdin, Short, Leventis, Hawkins, Fair, O'Dell, McGill and Peeler
S. Printed 5/31/05--H.
Read the first time April 26, 2005.
TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO REVISE THE PROCEDURES TO RENEW A CONCEALABLE WEAPONS PERMIT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-31-215(P) of the 1976 Code, as last amended by Act 274 of 2002, is further amended to read:
"(P) A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a currently valid permit upon:
(1) payment of a fifty-dollar fifty dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;
(2) submission of one current full face color photograph of the applicant not smaller than one inch by one inch nor larger than three inches by five inches completion of the renewal application; and
(3) a complete set of fingerprints or medical waiver as evidenced in a statement of medical limitation as provided in subsection (A). A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant submission of a photocopy of the applicant's valid South Carolina driver's license or South Carolina identification card."
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founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-600. (A) For purposes of this section:
(1) 'identification card' is a photographic identification card complying with 18 U.S.C. Section 926C(d).
(2) 'qualified retired law enforcement officer' means any retired law enforcement officer as defined in 18 U.S.C. Section 926C(c) who at the time of his retirement was certified as a law enforcement officer in this State and who was trained and qualified to carry firearms in the performance of his duties.
(B) An agency or department within this State must comply with Section 3 of the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. Section 926C, by issuing an identification card to any person who retired from that agency or department and who is a qualified retired law enforcement officer.
(C)(1) Subject to the limitations of subsection (E), a qualified retired law enforcement officer may carry a concealed weapon in this State if he possesses an identification card issued pursuant to subsection (C) along with a certification that he has, not less recently than one year before the date the individual is carrying the firearm, met the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.
(2) The firearms certification required by this subsection may be reflected on the identification card or may be in a separate document carried with the identification card.
(D) The restrictions contained in Sections 23-31-220 and 23-31-225 are applicable to a person carrying a concealed weapon pursuant to this section.
(E) An agency or department that does not establish and comply with written procedures for issuing an identification card to a qualified retired law enforcement officer within sixty days after a request is submitted shall not receive any grants or monies from the State, except as may otherwise be required by federal law, and is not entitled to send any individuals for training and education at the South Carolina Criminal Justice Academy.
(F) The agency or department may charge the retired law enforcement officer a reasonable fee for issuing the identification card and must provide the retired officer with the opportunity to qualify to carry a firearm under the same standards for training and qualification for active law enforcement officers to carry firearms. However, the agency or department may, as provided in 18 U.S.C. Section 926C(c)(5), require the retired officer to pay the actual expenses of the training and qualification."
SECTION 4. This act takes effect upon approval by the Governor.
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