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COMMITTEE REPORT
May 23, 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 and Littlejohn
S. Printed 5/23/07--H.
Read the first time April 24, 2007.
To whom was referred a Bill (H. 3964) 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, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-245. Notwithstanding another provision of law, if a person is involuntarily committed to the Department of Mental Health pursuant to Chapter 17 of Title 44, documents concerning the involuntary commitment filed with a department or division of the State, must be transmitted to the State Law Enforcement Division (SLED) to be utilized by SLED when determining, pursuant to federal law or another provision of law, whether a person is qualified to obtain a concealable weapons permit."
SECTION 2. Section 23-31-215(M) of the 1976 Code is amended to read:
"(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:
(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional facility or office;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) school or college athletic event not related to firearms;
(7) daycare facility or pre-school facility;
(8) place where the carrying of firearms is prohibited by federal law;
(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or
(10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.
A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
Nothing contained herein in this section may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145."
SECTION 3. Section 16-23-20(9) of the 1976 Code, as last amended by Act 28 of 2007, is further amended to read:
"(9) a person in a vehicle if the handgun is:
(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle, or under a seat; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance; or
(b) concealed on or about his person, and he has a valid concealed weapon permit pursuant to the provisions of Article 4, Chapter 31, Title 23;"
SECTION 4. Section 16-23-420(A) of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:
"(A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly-owned building, without the express permission of the authorities in charge of the premises or property; however, a person with a valid concealed weapons permit issued by this State or another state may carry a handgun pursuant to the provisions of Section 16-23-20(9)."
SECTION 5. Section 16-23-430(1) of the 1976 Code is amended to read:
"(1) It shall be is unlawful for any a person, except State, county, or municipal law-enforcement law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device, or object which may be used to inflict bodily injury or death; however, a person with a valid concealed weapons permit issued by this State or another state may carry a handgun pursuant to the provisions of Section 16-23-20(9)."
SECTION 6. 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 7. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
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.
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 23-31-250. Notwithstanding another provision of law, a person who possesses a concealable weapons permit issued by this State or another state pursuant to Section 23-31-215(N) may carry a concealable weapon on his person while on the premises or property owned, operated, or controlled by a public school, elementary school, secondary school, college, university, technical college, or other post-secondary institution."
SECTION 2. Section 23-31-215(M) of the 1976 Code is amended to read:
"(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:
(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional facility or office;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) school or college athletic event not related to firearms;
(7) daycare facility or pre-school facility;
(8)(7) place where the carrying of firearms is prohibited by federal law;
(9)(8) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or
(10)(9) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.
A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145."
SECTION 3. This act takes effect upon approval by the Governor.
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