South Carolina General Assembly
113th Session, 1999-2000

Download This Bill in Microsoft Word format

Bill 3079


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3079
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Sharpe
All Sponsors:                     Sharpe, Emory
Drafted Document Number:          l:\council\bills\nbd\11025djc99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Date of Last Amendment:           19990304
Subject:                          Machine guns, military firearms; when 
                                  dealer may possess, transport, etc.; Weapons


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990309  Introduced, read first time,           11 SJ
                  referred to Committee
House   19990309  Read third time, sent to Senate
House   19990304  Amended, read second time
House   19990224  Request for debate by Representative           Pinckney
                                                                 J.Brown
                                                                 Scott
                                                                 Howard
                                                                 J.H. Neal
                                                                 Kennedy
                                                                 Gourdine
                                                                 Lloyd
House   19990223  Debate adjourned until
                  Wednesday, 19990224
House   19990217  Committee report: Favorable with       25 HJ
                  amendment
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981209  Prefiled, referred to Committee        25 HJ


                             Versions of This Bill
Revised on February 17, 1999 - Word format
Revised on March 4, 1999 - Word format

View additional legislative information at the LPITS web site.


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 4, 1999

H. 3079

Introduced by Reps. Sharpe and Emory

S. Printed 3/4/99--H.

Read the first time January 12, 1999.

            

A BILL

TO AMEND SECTION 16-23-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL TRANSPORTATION OF A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN OR RIFLE WITHIN THE STATE, SO AS TO FURTHER PROVIDE FOR PENALTIES; TO AMEND SECTION 16-23-230, AS AMENDED, RELATING TO UNLAWFUL STORING, KEEPING, OR POSSESSING A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN, OR RIFLE, SO AS TO FURTHER PROVIDE FOR PENALTIES; TO AMEND SECTION 16-23-240, AS AMENDED, RELATING TO UNLAWFUL SALE, RENTAL, OR GIVING AWAY OF A MACHINE GUN, MILITARY FIREARM, SAWED-OFF SHOTGUN, OR RIFLE, SO AS TO FURTHER PROVIDE FOR PENALTIES; AND TO AMEND SECTION 23-31-370, AS AMENDED, RELATING TO SPECIAL LIMITED LICENSES FOR POSSESSION, TRANSPORTATION, AND SALE OF MACHINE GUNS, SO AS TO PROVIDE THAT A PERSON LICENSED PURSUANT TO FEDERAL LAW MAY POSSESS, STORE, KEEP, TRANSPORT, OR SELL A MACHINE GUN IN THIS STATE AFTER SECURING A SPECIAL LIMITED LICENSE FROM THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROHIBIT THE SALE OF MACHINE GUNS TO AGENCIES OR PERSONS NOT AUTHORIZED TO POSSESS MACHINE GUNS, TO REQUIRE CERTAIN INFORMATION PERTAINING TO LICENSEES AND CONCERNING THE SALE OR TRANSFER OF MACHINE GUNS BE PROVIDED TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO PROVIDE FOR SUSPENSION AND REVOCATION OF LICENSES ISSUED UNDER THIS SECTION, AND TO PROVIDE PENALTIES.

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

SECTION 1. Section 16-23-220 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-23-220. It is unlawful for a person to transport from one place to another in this State or for any railroad company, express company, or other common carrier or any officer, agent, or employee of any of them or other person acting in their behalf knowingly to ship or to transport from one place to another in this State a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections Section 16-23-250 and 23-31-330 Article 5, Chapter 31, Title 23.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."

SECTION 2. Section 16-23-230 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-23-230. It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections Section 16-23-250 and 23-31-330 Article 5, Chapter 31, Title 23.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."

SECTION 3. Section 16-23-240 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-23-240. It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a machine gun, or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections Section 16-23-250 and 23-31-330 Article 5, Chapter 31, Title 23.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."

SECTION 4. Section 23-31-370 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:

"Section 23-31-370. (A) A person licensed pursuant to 18 U.S.C. Section 921, et seq. may possess, store, keep, transport, or sell a machine gun in this State after securing a special limited license from the South Carolina Law Enforcement Division.

(a)(B) 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'; or

(3) who are dealers licensed pursuant to 18 U.S.C. Section 921, et seq. for manufacturing, possession, transportation, or sale of machine guns.

(b)(C) 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 full name, date, and place of birth, social security number, 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.

(D) A person licensed pursuant to this section is prohibited from selling machine guns to agencies or persons other than those authorized by this article to possess machine guns.

(c)(E) 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 item (1) or (2) of subsection (a)(A) of this section and is qualified by federal and state law to possess a firearm. The special license is valid for a specified period not to exceed six twenty-four months which must be stated on the license and renewal applications must be filed with the division on a form approved by the division containing information the division considers necessary to implement this section.

(F) A person licensed under this section must report, on a form approved by the division, to the division all sales or transfers of machine guns to other persons or agencies. The form must contain the full name, date, and place of birth, social security number, business and residence address of the buyer or transferee, and a description of the machine guns transferred, including their make and serial numbers and such information the division considers necessary to implement this section.

(d)(G) Any A person who knowingly and wilfully makes any false statement for the purpose of obtaining the special license or possessing a machine gun, or who violates its the terms of the license, 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.

(H) The division may suspend or revoke a license issued under this section if it determines that the license holder has made any false statement to obtain the license or has violated the provisions of this section or becomes a person prohibited under federal or state law from possessing a firearm."

SECTION 5. This act takes effect upon approval by the Governor.

----XX----


This web page was last updated on Wednesday, December 9, 2009 at 9:12 A.M.