South Carolina General Assembly
117th Session, 2007-2008

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Bill 4243

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

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COMMITTEE REPORT

March 5, 2008

H. 4243

Introduced by Reps. Kelly, F.N. Smith, Simrill, Shoopman, Leach, Limehouse, M.A. Pitts, Rutherford, Scarborough, Witherspoon and Neilson

S. Printed 3/5/08--H.    [SEC 3/6/08 4:03 PM]

Read the first time June 7, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4243) to amend Section 10-11-320, as amended, Code of Laws of South Carolina, 1976, relating to the carrying or discharging of a firearm or use of a dangerous, etc., respectfully

REPORT:

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 23-31-530.    Notwithstanding another provision of law, a person who possesses a concealed weapons permit pursuant to this article may posses a firearm in a vehicle upon the capitol grounds."

SECTION    2.    This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 10-11-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISCHARGING OF A FIREARM OR USE OF A DANGEROUS WEAPON UPON THE CAPITOL GROUNDS OR WITHIN THE CAPITOL BUILDING, SO AS TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO MEMBERS OF THE GENERAL ASSEMBLY WHO POSSESS A CONCEALABLE WEAPONS' PERMIT; TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE CARRYING OR DISPLAYING OF A FIREARM IN A PUBLIC BUILDING OR AN AREA ADJACENT TO IT, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY LAWFULLY MAY CARRY A FIREARM ON PROPERTY OWNED, OPERATED, OR CONTROLLED BY CERTAIN PUBLIC AND PRIVATE EDUCATIONAL INSTITUTIONS; AND TO AMEND SECTION 23-31-240, RELATING TO A LIST OF PERSONS WHO ARE ALLOWED TO CARRY A CONCEALABLE WEAPON WHEN PERFORMING THE DUTIES OF THEIR OFFICE, SO AS TO INCLUDE MEMBERS OF THE GENERAL ASSEMBLY AMONG THIS LIST OF PERSONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 10-11-320 of the 1976 Code, as last amended by Act 237 of 2000, is further amended to read:

"Section 10-11-320.    (A)    It shall be is unlawful for any person or group of persons to:

(a)(1)    to carry or have readily accessible to the person upon the capitol grounds or within the capitol building any firearm or dangerous weapon; or

(b)(2)    to discharge any firearm or to use any dangerous weapon upon the capitol grounds or within the capitol building.

(B)    This section does not apply to an active member of the General Assembly who possesses a concealable weapons' permit pursuant to Article 4, Chapter 31, Title 23."

SECTION    2.    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, this subsection does not apply to active members of the General Assembly."

SECTION    3.    Section 23-31-240 of the 1976 Code is amended to read:

"Section 23-31-240.    Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State, when carrying out the duties of their office:

(1)            active members of the General Assembly;

(2)            active Supreme Court justices;

(2)(3)        active judges of the court of appeals;

(3)(4)        active circuit court judges;

(4)(5)        active family court judges;

(5)(6)        active masters-in-equity;

(6)(7)        active probate court judges;

(7)(8)        active magistrates;

(8)(9)        active municipal court judges;

(9)(10)        active federal judges;

(10)(11)    active administrative law judges;

(11)(12)    active solicitors and assistant solicitors; and

(12)(13)    active workers' compensation commissioners."

SECTION    4.    This act takes effect upon approval by the Governor.

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