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House Amendment 1
S 1166 - Session 125 (2023-2024)
Dismissal of pending handgun possession charges
The Committee on Judiciary proposes the following amendment (LC-1166.CM0004H):
Amend the bill, as and if amended, SECTION 1, by striking Section 17-1-65(B) and inserting:
(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. However, if such unlawful possession of a handgun charge was used as probable cause for another offense arising from the same incident, this section does not mandate that those associated charges be dismissed. Dismissal of the Section 16-23-20 charge may not serve as a basis or support for any civil action due to the arrest of the Section 16-23-20 charge by law enforcement officers or prosecutors.