South Carolina General Assembly
117th Session, 2007-2008

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Bill 4364

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 12, 2008

H. 4364

Introduced by Reps. M.A. Pitts, Littlejohn, Toole and McLeod

S. Printed 3/12/08--S.

Read the first time February 5, 2008.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4364) 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 allow, 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, page 1, by striking SECTION 1 in its entirety and inserting:

/    SECTION    1.    Section 16-23-30(A) of the 1976 Code is 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 twenty-one 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."    /

Renumber sections to conform.

Amend title to conform.

JOHN D. HAWKINS for Committee.

            

A BILL

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 ALLOW PERSONS UNDER TWENTY-ONE YEARS OF AGE TO LAWFULLY POSSESS HANDGUNS IF ENGAGED IN THE BUSINESS OF DEALING IN FIREARMS IN THE ORDINARY COURSE OF BUSINESS.

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

SECTION    1.    Section 16-23-30(B) of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:

"(B)    It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State. However, it is not unlawful for a person enumerated in subsection (A)(3) to possess or acquire handguns within this State if the person is regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a handgun in the usual or ordinary course of the business."

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.

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