Current Status Bill Number:View additional legislative information at the LPITS web site.2826 Ratification Number:623 Act Number:532 Introducing Body:House Subject:Relating to the penalties for persons found guilty of violating the provisions of Article 1 or Chapter 23 of Title 16 (offenses involving pistols)
(A532, R623, H2826)
AN ACT TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR PERSONS FOUND GUILTY OF VIOLATING THE PROVISIONS OF ARTICLE 1 OR CHAPTER 23 OF TITLE 16 (OFFENSES INVOLVING PISTOLS), SO AS TO PROVIDE THAT CONFISCATED PISTOLS MAY BE TRANSFERRED TO ANOTHER LAW ENFORCEMENT AGENCY FOR THEIR LAWFUL USE, TRANSFER THEM TO THE CLERK OF COURT OR MAYOR WHO SHALL DISPOSE OF THEM AS PROVIDED BY SECTION 16-23-500 OR TRADE THEM WITH A RETAIL DEALER LICENSED TO SELL PISTOLS IN THIS STATE FOR A PISTOL APPROVED BY THE AGENCY, DELETE THE AUTHORITY OF THE AGENCY TO DESTROY THE PISTOL, AND AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION, IF IT SEIZED THE PISTOL, TO USE IT IN ITS FORENSIC LABORATORY; TO AMEND SECTION 16-23-250, RELATING TO THE EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING MACHINE GUNS, SAWED-OFF SHOTGUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS ARTICLE
AND EXEMPT FROM THE PROVISIONS PERSONS OBTAINING A SPECIAL LICENSE; TO AMEND SECTION 16-23-460, RELATING TO THE PENALTY OF ANYONE CONFISCATING OR CARRYING A DEADLY WEAPON, SO AS TO EXEMPT FROM THE PROVISIONS OF THIS SECTION RIFLES OR SHOTGUNS UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME OR IN THE FURTHERANCE OF A CRIME; TO AMEND SECTION 16-23-500, RELATING TO THE REQUIREMENT THAT THE CLERK OF COURT IN EACH COUNTY AND THE MAYOR OF EACH MUNICIPALITY SHALL KEEP A WRITTEN RECORD OF ALL WEAPONS CONFISCATED OR FORFEITED, SO AS TO AUTHORIZE THESE INDIVIDUALS TO SELL BY SEALED BID TO A LICENSED DEALER, OR DESTROY THE WEAPON IF IT IS A WEAPON DESCRIBED IN SECTION 23-31-180; TO AMEND SECTION 23-31-180, RELATING TO THE PROHIBITION ON SELLING OR POSSESSING A PISTOL OR HANDGUN WHICH HAS A DIE-CAST FRAME OR RECEIVER WHICH MELTS AT A TEMPERATURE OF LESS THAN EIGHT HUNDRED DEGREES FAHRENHEIT, SO AS TO PROVIDE THAT THESE PISTOLS OR HANDGUNS MUST BE FORFEITED TO THE MUNICIPALITY WHERE SEIZED OR TO THE COUNTY WHERE SEIZED IF OUTSIDE THE CORPORATE LIMITS OF A MUNICIPALITY INSTEAD OF REQUIRING THAT THEY BE DESTROYED BY THE STATE LAW ENFORCEMENT DIVISION; TO AMEND THE 1976 CODE BY ADDING SECTIONS 16-23-405 AND 23-31-370 SO AS TO PROVIDE FOR THE DEFINITION OF "WEAPON" AND PROVIDE THAT IN ADDITION TO ANY PENALTY THE WEAPON USED IN FURTHERANCE OF THE CRIME MUST BE CONFISCATED, AND PROVIDE FOR THE DISPOSITION OF THESE WEAPONS; TO PROVIDE FOR A SPECIAL TEMPORARY LICENSE ISSUED BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO PERSONS WHOSE OCCUPATIONS REQUIRE THEM TO POSSESS, TRANSPORT, AND SELL MACHINE GUNS IN THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO PROHIBIT THE GOVERNING BODY OF ANY COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING OR PROMULGATING ANY REGULATION OR ORDINANCE WHICH REGULATES THE TRANSFER, OWNERSHIP, POSSESSION, CARRYING, OR TRANSPORTATION OF FIREARMS, AMMUNITION, COMPONENTS OF FIREARMS, OR ANY COMBINATION OF THESE THINGS; PROVIDE THAT THIS ACT DOES NOT AFFECT THE AUTHORITY OF ANY COUNTY, MUNICIPALITY, OR POLITICAL SUBDIVISION TO REGULATE THE CARELESS OR NEGLIGENT DISCHARGE OR PUBLIC BRANDISHMENT OF FIREARMS NOR DOES IT PREVENT THE REGULATION DURING TIMES OF INSURRECTION, INVASIONS, RIOTS, OR NATURAL DISASTERS; AND TO REPEAL SECTIONS 16-23-40 AND 16-23-510 RELATING TO THE CONFISCATION AND DESTRUCTION OF PISTOLS AND THE PROVISIONS REQUIRING COUNTY POLICE TO DESTROY FORFEITED WEAPONS IF THE POPULATION OF THAT COUNTY IS BETWEEN THIRTY THOUSAND SIX HUNDRED AND THIRTY-TWO THOUSAND.
Be it enacted by the General Assembly of the State of South Carolina:
Provisions do not apply
SECTION 1. The second paragraph of Section 16-23-250 of the 1976 Code is amended to read:
"The provisions of this article do not apply to any manufacturer or dealer of machine guns licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., nor to any common or contract carrier transporting or shipping any machine gun to or from the licensed manufacturer or dealer if the transportation or shipment is not prohibited by federal law."
Prohibition in enacting ordinance
SECTION 2. No governing body of any county, municipality, or other political subdivison in this State may enact or promulgate any regulation or ordinance which regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things.
Act does not affect certain authority to counties and municipalities
SECTION 3. This act does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of the use, sale, transportation, or public brandishment of firearms during the times of or a demonstrated potential for insurrection,
invasions, riots, or natural disasters.
Penalty
SECTION 4. Section 16-23-50 of the 1976 Code, as last amended by an Act of 1986 bearing ratification number 394, is further 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 pistol involved in the violation confiscated. The pistol 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 pistols may use them within their department, transfer them to another law enforcement agency for their lawful use, transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500 or trade them with a retail dealer licensed to sell pistols in this State for a pistol approved by the agency. If the State Law Enforcement Division seized the pistol, it may keep it for use by its forensic laboratory. Records must be kept of all confiscated pistols received by the law enforcement agencies under the provisions of this article."
Definition - penalty
SECTION 5. The 1976 Code is amended by adding:
"Section 16-23-405. (1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death.
(2) Any person convicted of a crime, in addition to any penalty shall have any weapon used in the commission or in furtherance of the crime confiscated. Each such 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 received the confiscated weapons shall use them within their departments, transfer them to another law enforcement agency for their lawful use, or transfer them to the clerk of court or mayor who shall dispose of them as provided by Section 16-23-500. Firearms seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory."
Carrying concealed weapon
SECTION 6. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460. Any person carrying a dirk, slingshot, metal knuckles, razor, or other deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, shall forfeit to the county or, if convicted in a municipal court, to the municipality the weapon so carried concealed and be fined in the sum of not more than five hundred dollars and not less than two hundred dollars or imprisoned not more than ninety days nor less than thirty days. Nothing herein contained may be construed to apply to persons carrying concealed weapons upon their own premises or to peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles or shotguns unless they are used with the intent to commit a crime or in furtherance of a crime."
Dispositions of confiscated weapons
SECTION 7. Section 16-23-500 of the 1976 Code is amended to read:
"Section 16-23-500. The clerk of court in each county and the mayor of each town and city or his designee shall keep a written record of all weapons, as defined by Section 16-23-405, confiscated or forfeited to the custody of the clerk of court, mayor, or other municipal official. The record shall include the make, caliber, and serial number of the weapon and a notation of the legal proceeding which resulted in the confiscation or forfeiture.
At the end of each quarter the clerk of court and the mayor or his designee shall sell at public sale or by sealed bids to a dealer licensed under the provisions of Article 3 of Chapter 31 of Title 23 who is the highest bidder, after one public notice published in a newspaper of general circulation in the appropriate municipality or county, all confiscated or forfeited weapons then held by the clerk of court or the mayor. Weapons may not be sold until the results of the legal proceeding in which they are involved have been finally determined.
When the highest price offered for any weapon is less than twenty-five dollars or if it is a weapon described in Section 23-31-180 or any other weapon possession of which is unlawful, a weapon may not be sold but must be destroyed by the official conducting the sale. Any other bid may also be rejected by the person conducting the sale if he determines the bid to be inadequate.
All public sales provided for in this section are subject to the provisions of Section 16-23-30. Proceeds of sales by clerks of court must be deposited in the general fund of the county and proceeds of sales by city or town officials must be deposited in the city or town treasury."
Saturday Night Special prohibited
SECTION 8. Section 23-31-180 of the 1976 Code is amended to read:
"Section 23-31-180. No licensed retail dealer shall possess in his place of business or sell any pistol or other handgun which has a die-cast frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit.
Any pistol or other handgun possessed or sold in violation of this article is declared to be contraband and must be forfeited to the municipality where seized or to the county where seized if outside a municipality. The weapon must be disposed of as provided by Section 16-23-500."
Provisions do not apply
SECTION 8A. Section 16-23-250 of the 1976 Code is amended to read:
"Section 16-23-250. The provisions of this article do not apply to the Army, Navy, or Air Force of the United States, the National Guard and organizations authorized by law to purchase or receive machine guns, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of these organizations. Any peace officer of the State or of any county or other political subdivision thereof, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of any state prison, penitentiary, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or person on duty in the postal service of the United States or any common carrier while transporting direct to any police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun or sawed-off rifle, may possess machine guns, or sawed-off shotguns or sawed-off rifles, when required in the performance of their duties. Nor shall the provisions hereof be construed to apply to machine guns, or sawed-off shotguns or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.
The provisions of this article do not apply to any manufacturer of machine guns licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., nor to any common or contract carrier transporting or shipping any machine gun to or from the manufacturer if the transportation or shipment is not prohibited by federal law, nor to persons licensed pursuant to Section 23-31-370."
SLED may issue special license
SECTION 8B. Article 5, Chapter 31, of Title 23 of the 1976 Code is amended by adding:
"Section 23-31-370(a) The South Carolina Law Enforcement Division may issue a special limited license for the possession, transportation, and sale of machine guns in this State to persons:
(1) who are authorized representatives of a machine gun manufacturer or dealer engaged in demonstrating and selling them to agencies authorized by law to possess them, or
(2) who are engaged in professional movie-making or providing services to professional movie-makers who use machine guns as regulated by this article in the course of creating movie 'special effects'.
(b) Applications for the special license authorized by this section must be on a form prescribed by the Division, duly sworn to, containing the applicant's name, business and residence address, a record of any criminal charges filed against the applicant in the United States for other than traffic law violations and the disposition of the charges, a description of the machine guns to be possessed, transported, or sold in this State, including their make and serial numbers, the sites within the State to which the machine guns will be transported, and such other information the Division considers necessary to implement this section.
(c) The Division may issue a special license pursuant to this section if it determines that the applicant has not been convicted of any offense other than traffic violations and the applicant clearly qualifies under items (1) or (2) of subsection (a). The special license is valid for a specified period not to exceed six months which must be stated on the license.
(d) Any person who knowingly and wilfully makes any false statement for the purpose of obtaining the special license or who violates its terms, in addition to any other penalty provided by law, is guilty of a misdemeanor and upon conviction must be fined not more than five thousand dollars or imprisoned for not more than two years, or both."
Repealed
SECTION 9. Sections 16-23-40 and 16-23-510 of the 1976 Code are repealed.
Time effective
SECTION 10. This act shall take effect upon approval by the Governor, except that the provisions of Sections 8A and 8B shall take effect on the first day of the second month following approval by the Governor.