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H. 3964
STATUS INFORMATION
General Bill
Sponsors: Reps. Duncan, Loftis, G.R. Smith, Hinson, Crawford, Lowe, Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill, Scarborough, Witherspoon, Rice, Owens, Mahaffey, Littlejohn and Young
Document Path: l:\council\bills\swb\5266cm07.doc
Introduced in the House on April 24, 2007
Last Amended on June 6, 2007
Currently residing in the House Committee on Judiciary
Summary: Concealed weapon permits
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/24/2007 House Introduced and read first time HJ-111
4/24/2007 House Referred to Committee on Judiciary HJ-111
5/1/2007 House Member(s) request name removed as sponsor: Neilson
5/2/2007 House Member(s) request name added as sponsor: Rice, Owens
5/9/2007 House Member(s) request name added as sponsor: Mahaffey,
Littlejohn
5/23/2007 House Committee report: Favorable with amendment Judiciary HJ-9
5/29/2007 House Member(s) request name added as sponsor: Young
5/29/2007 House Requests for debate-Rep(s). Duncan, Scott, Alexander,
Hart, GR Smith, Anthony, Bedingfield, Leach, Shoopman,
Davenport, Walker, Talley, Crawford, Clemmons,
Littlejohn, Hodges, Brantley, Breeland, Branham,
Bales, Loftis, Neilson, Hosey, Clyburn, Sellers,
Williams, Jefferson, Toole, Viers, MA Pitt, Pinson,
Gullick, and Mahaffey HJ-18
5/29/2007 House Debate adjourned until Wednesday, May 30, 2007 HJ-39
5/30/2007 House Debate interrupted HJ-70
5/31/2007 House Debate adjourned until Wednesday, June 6, 2007 HJ-41
6/6/2007 House Amended HJ-36
6/6/2007 House Debate interrupted HJ-45
6/6/2007 House Recommitted to Committee on Judiciary HJ-45
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
4/24/2007
5/23/2007
5/24/2007
6/6/2007
Indicates Matter Stricken
Indicates New Matter
AMENDED--NOT PRINTED IN THE HOUSE
Amt. No. 1 (Doc. Path council\ms\7343ahb07)
Amt. No. 5 (Doc. Path council\nbd\11704ac07)
Amt. No. (Doc. Path council\swb\5328cm07)
June 6, 2007
H. 3964
Introduced by Reps. Duncan, Loftis, G.R. Smith, Hinson, Crawford, Lowe, Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill, Scarborough, Witherspoon, Rice, Owens, Mahaffey, M.A. Pitts and Littlejohn
S. Printed 5/23/07--H.
Read the first time April 24, 2007.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THAT A PERSON WHO POSSESSES A CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ON HIS PERSON WHILE ON THE PREMISES OR PROPERTY OF A PUBLIC EDUCATIONAL INSTITUTION; AND TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE RESTRICTIONS PLACED UPON CARRYING A CONCEALABLE WEAPON INTO A SCHOOL OR COLLEGE EVENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 16-23-20, 16-23-420, 16-23-430, 16-23-465, and Article 4, Chapter 31, Title 23 of the 1976 Code are repealed.
SECTION 2. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-210. A person who carries a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring another person, or who carries a dangerous or deadly weapon within a state institution or upon the grounds or lands owned or leased for the use of the institution, without the approval of the warden or superintendent of the institution is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than two hundred dollars, or both.
Section 23-31-220. (A) A person may not knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus. A person who violates this subsection for the first offense, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year, or fined not more than one thousand dollars, or both. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years, or fined not more than five thousand dollars, or both.
(B) A person may not knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person. a person who violates this subsection for the first offense is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than two years, or fined not more than one thousand dollars, or both. For a second or subsequent offense, the person is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years, or fined not more than five thousand dollars, or both.
(C) This section does not apply to:
(1) a law enforcement officer engaged in law enforcement duties; or
(2) the possession and use of firearms or dangerous or deadly weapons if the school board, or the superintendent or principal, if delegated authority to do so by the board, authorizes possession or use for specific occasions or for instructional or other specific purposes.
(D) As used in this section:
(1) 'school property' means any property owned by a school, including motor vehicles;
(2) 'owned by the school' means owned, leased, controlled or subcontracted by the school;
(3) 'dangerous or deadly weapon' has the same meaning as contained in Section 23-31-230(2); and
(4) 'firearm' has the same meaning as contained in Section 23-31-230(3).
(E) The provisions of this section shall not limit or restrict prosecution for another offense.
Section 23-31-230. (A) As used in this section:
(1) 'courthouse' means a building or any portion of a building designated by the Supreme Court of South Carolina as a courthouse;
(2) dangerous or deadly weapon' means any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury;
(3) 'firearm' means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun; and
(4) 'secured building' means a building with controlled points of public access, metal screening devices at each point of public access, and locked compartments, accessible only to security personnel, for storage of checked firearms.
(B) A person who, while within a courthouse and without authorization from the court, is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year, or fined not more than five hundred dollars, or both if he:
(1) carries or has in his possession a firearm; or
(2) knowingly carries or has in his possession a dangerous or deadly weapon, other than a firearm.
(C) Notice of the provisions of subsection (B) of this section must be posted conspicuously at each public entrance to each courthouse.
(D) Dangerous or deadly weapons are not allowed in a courthouse that has been certified by the court to be a secured building.
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