South Carolina General Assembly
106th Session, 1985-1986

Bill 2597


                    Current Status

Bill Number:               2597
Ratification Number:       394
Act Number:                367
Introducing Body:          House
Subject:                   To change the word pistols to weapons and
                           to permit the law enforcement agency to trade
                           a confiscated weapon
View additional legislative information at the LPITS web site.


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

(A367, R394, H2597)

AN ACT TO AMEND SECTION 16-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PISTOLS, SO AS TO CHANGE THE WORD PISTOLS TO WEAPONS AND TO PERMIT THE LAW ENFORCEMENT AGENCY TO TRADE A CONFISCATED WEAPON WITH A RETAIL DEALER LICENSED IN THIS STATE FOR A WEAPON APPROVED BY THE AGENCY.

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

Penalty

SECTION 1. Section 16-23-50 of the 1976 Code is amended to read:

"Section 16-23-50. Any person including a dealer violating any of the provisions of this article is guilty of a felony and upon conviction must be fined not more than two thousand dollars or be imprisoned for not more than two years, or both. Any person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or be imprisoned for not more than one year, or both.

When a violation occurs within a municipality the fines collected must be delivered to the municipality by the clerk of court. If the violation occurs outside a municipality, the fines must be delivered to the county treasurer.

Any person convicted of violating the provisions of this article, in addition to the penalty provided herein, shall have the weapon involved in the violation confiscated. Notwithstanding any other provisions of law, the weapon must be delivered to the chief of police of the municipality or to the sheriff of the county, if the violation occurred outside the corporate limits of a municipality. The law enforcement agencies that receive the confiscated weapons may use them within their department, transfer them to another law enforcement agency, trade them with a retail dealer licensed to sell weapons in this State for a weapon approved by the agency, or destroy them. Records must be kept of all confiscated weapons received by the law enforcement agencies under the provisions of this article."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.