View Amendment Current Amendment: 62 to Bill 3094

Senator RICE proposed the following amendment (3094R052.SP.RFR):

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION __. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:

" Section 23-31-218.(A) A person who is at least eighteen years of age and who is not prohibited by state law from possessing a weapon may carry a concealable weapon, whether concealed or openly carried, if he has proof of training as defined in Section 23-31-210(4) and proof of a successfully completed background check as required by subsection (B).

(B) Upon receiving proof of residence, SLED must conduct or facilitate a background check of the person. SLED must provide the person with proof of the results of the background check within twenty days, along with a statement that the review and background check has revealed that the person is eligible or prohibited from possessing a weapon under state law.

( C)If, after performing the background check required by subsection (B), SLED discovers that the person has become disqualified from possessing a weapon under state law, then SLED must notify the person of the disqualification.

(D ) A person who has successfully completed training and passed a background check may carry a concealable weapon statewide in all places and locations in which a concealable weapon permit holder is authorized to carry a weapon unless the person has:

(1) become prohibited under state law from possessing a weapon;

(2) moved his permanent residence to another state; or

( 3) been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm.

(E ) A person who carries a concealable weapon pursuant to this section must have the proof of training and background check in his possession whenever he carries a concealable weapon. A person carrying a concealable weapon pursuant to this section must inform a law enforcement officer of the fact that he is legally authorized to carry the concealable weapon and present his proof of training and background check when an officer:

(1) identifies himself as a law enforcement officer; and

(2) requests identification or a driver's license from the person.

(F ) A person may carry a concealable weapon, whether concealed or openly carried, without having successfully completed training and a background check pursuant to this article if:

(1) specified in Section 16-23-20, items (1), (2), (3), (4), (5), (7), (8), (9), (10), or (11); or

( 2) carrying a concealable weapon in a manner not prohibited by law.

(G ) A person must renew his background check at least once every five years as required by subsection (B).

(H ) No provision contained within this article shall expand, diminish, or affect the duty of care owed by or the liability accruing to, as either exists immediately before July 1, 2021, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. The absence of a sign prohibiting concealable weapons shall not constitute negligence or establish a lack of duty of care." /