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A192, R219, H4364
Sponsors: Reps. M.A. Pitts, Littlejohn, Toole and McLeod
Document Path: l:\council\bills\ms\7450ahb08.doc
Introduced in the House on January 8, 2008
Introduced in the Senate on February 5, 2008
Passed by the General Assembly on March 26, 2008
Governor's Action: April 2, 2008, Signed
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/12/2007 House Prefiled 12/12/2007 House Referred to Committee on Judiciary 1/8/2008 House Introduced and read first time HJ-47 1/8/2008 House Referred to Committee on Judiciary HJ-48 1/16/2008 House Member(s) request name added as sponsor: Toole 1/30/2008 House Committee report: Favorable Judiciary HJ-5 1/31/2008 House Member(s) request name added as sponsor: McLeod 1/31/2008 House Read second time HJ-36 1/31/2008 House Unanimous consent for third reading on next legislative day HJ-37 2/1/2008 House Read third time and sent to Senate HJ-2 2/5/2008 Senate Introduced and read first time SJ-16 2/5/2008 Senate Referred to Committee on Judiciary SJ-16 2/11/2008 Senate Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie, Vaughn 3/12/2008 Senate Committee report: Favorable with amendment Judiciary SJ-19 3/13/2008 Senate Committee Amendment Adopted SJ-19 3/13/2008 Senate Read second time SJ-19 3/18/2008 Senate Read third time and returned to House with amendments SJ-24 3/26/2008 House Concurred in Senate amendment and enrolled HJ-32 3/27/2008 Ratified R 219 4/2/2008 Signed By Governor 4/8/2008 Copies available 4/8/2008 Effective date 04/02/08 4/15/2008 Act No. 192
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VERSIONS OF THIS BILL
(A192, R219, H4364)
AN ACT TO AMEND SECTION 16-23-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF HANDGUNS TO CERTAIN PERSONS, SO AS TO PROHIBIT THE SALE OF A HANDGUN TO PERSONS UNDER EIGHTEEN YEARS OF AGE RATHER THAN UNDER TWENTY-ONE YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
Sale of handguns, prohibitions
SECTION 1. Section 16-23-30(A) of the 1976 Code, as last amended by Act 336 of 2006, is further amended to read:
"(A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:
(1) 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;
(2) a person who is a member of a subversive organization;
(3) a person under the age of eighteen, but this shall not apply to the issue of handguns to members of the 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 handguns for instructions under the immediate supervision of a parent or adult instructor; or
(4) 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 firearm, 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 a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication."
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. This act takes effect upon approval by the Governor.
Ratified the 27th day of March, 2008.
Approved the 2nd day of April, 2008.
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