Bill 3456

                    Current Status

Bill Number:               3456
Ratification Number:       264
Act Number                 172
Introducing Body:          House
Subject:                   Procedure for returning found
                           pistol

(A172, R264, H3456)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-55 SO AS TO PROVIDE A PROCEDURE FOR HOLDING, ADVERTISING, AND RETURNING A PISTOL TO THE PERSON WHO FOUND AND TURNED THE PISTOL IN TO A LAW ENFORCEMENT AGENCY; AND TO AMEND SECTION 23-31-180, RELATING TO THE PROHIBITION OF A LICENSED RETAIL DEALER TO POSSESS IN HIS PLACE OF BUSINESS A PISTOL OR HANDGUN WHICH MELTS AT A TEMPERATURE OF LESS THAN EIGHT HUNDRED DEGREES FAHRENHEIT AND THE REQUIREMENT THAT A PISTOL OR HANDGUN POSSESSED OR SOLD IN VIOLATION OF ARTICLE 3, CHAPTER 31, TITLE 23 IS DECLARED CONTRABAND, SO AS TO PROVIDE THAT A DEALER, IN ADDITION TO POSSESSING A PISTOL OR HANDGUN PREVIOUSLY DESCRIBED, MAY NOT HOLD, STORE, HANDLE, SELL, OR OFFER FOR SALE THE PISTOL OR HANDGUN, AND TO PROHIBIT A DEALER FROM POSSESSING OR SELLING A PISTOL OR HANDGUN IN VIOLATION OF THE ARTICLE, AND TO AUTHORIZE A LAW ENFORCEMENT AGENT TO REGISTER AND USE THESE WEAPONS IN THE LINE OF DUTY.

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

Procedure for returning found pistol

SECTION 1. The 1976 Code is amended by adding:

"Section 16-23-55. (A) A pistol that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine:

(1) if the pistol is stolen;

(2) if it has been used in the commission of a crime;

(3) the true owner of the pistol.

(B) At least twice during the ninety-day holding period the agency shall advertise the pistol with its full description in a newspaper having general circulation in the county where the pistol was found.

(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the pistol, the agency shall return the pistol to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law and pays all advertising and other costs incidental to returning the pistol. No pistol may be returned until the individual fully completes the application.

(D) Upon proper completion of the application, the law enforcement agency shall provide copies of the application in compliance with Section 23-31-140."

Dealers - prohibitions

SECTION 2. Section 23-31-180 of the 1976 Code is amended to read:

"Section 23-31-180. No licensed retail dealer may hold, store, handle, sell, or offer for sale or otherwise possess in his place of business a pistol or other handgun which has a die-cast frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit.

A pistol or other handgun possessed or sold by a dealer 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.

However, any law enforcement agent may register and use these weapons in the line of duty."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.