South Carolina General Assembly
121st Session, 2015-2016

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Bill 88


Indicates Matter Stricken
Indicates New Matter


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

A BILL

TO AMEND SECTION 16-23-420 OF THE 1976 CODE, RELATING TO POSSESSION OF A FIREARM ON ANY PREMISES OR PROPERTY OWNED, OPERATED, OR CONTROLLED BY A PRIVATE OR PUBLIC COLLEGE, UNIVERSITY, TECHNICAL COLLEGE, OR OTHER POST-SECONDARY INSTITUTION, TO PROVIDE THAT A PERSON AUTHORIZED TO CARRY A CONCEALED WEAPON PURSUANT TO ARTICLE 4, CHAPTER 31, TITLE 23, WHO IS A REGISTERED STUDENT, EMPLOYEE, OR FACULTY MEMBER OF THE INSTITUTION, MAY POSSESS A FIREARM ON ANY PREMISES OR PROPERTY OWNED, OPERATED, OR CONTROLLED BY THE INSTITUTION, AND A PRIVATE COLLEGE, UNIVERSITY, TECHNICAL COLLEGE OR OTHER POST-SECONDARY INSTITUTION MAY POST A SIGN STATING "NO CONCEALABLE WEAPONS ALLOWED" WHICH SHALL CONSTITUTE NOTICE TO A PERSON HOLDING A PERMIT ISSUED PURSUANT TO ARTICLE 4, CHAPTER 31, TITLE 23 THAT CONCEALABLE WEAPONS NOT BE BROUGHT UPON THE PREMISES.

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

SECTION    1.    Section 16-23-420 of the 1976 Code is amended to read:

"Section 16-23-420.    (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. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and is 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.

(B)    A person, authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23, who is a registered student, employee, or faculty member of a private or public college, university, technical college, or other post-secondary institution may possess a firearm on any premises or property owned, operated, or controlled by the institution. A private college, university, technical college or other post-secondary institution may post a sign stating 'No Concealable Weapons Allowed' which shall constitute notice to a person holding a permit issued pursuant to Article 4, Chapter 31, Title 23 that concealable weapons not be brought upon the premises.

(B)(C)    It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.

(C)(D)    A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

(D)(E)    This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.

(E)(F)    For purposes of this section, the terms 'premises' and 'property' do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic.

(F)(G)    This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility.201D

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

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