Senate Judiciary Committee Amendment
S 890 - Session 125 (2023-2024)
Unlawful discharge of a firearm

The Committee on Judiciary proposes the following amendment (SJ-890.MB0004S):

Amend the bill, as and if amended, SECTION 1, by striking Section 16-23-440(C) and inserting:

 (C) It is unlawful for a person to discharge a firearm at or in the direction of one or more individuals. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than fifteen years, or both.
 (D) It is a defense pursuant to this section if a person was lawfully hunting and discharged a firearm with due caution and in a manner so as to not endanger any person or property.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X.Section 17-1-65 of the S.C. Code is amended to read:

 Section 17-1-65. (A) A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section.
 (B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16-23-20 that were nullified by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, notwithstanding the savings clause contained in SECTION 25 of that act.