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Bill 621

                    Current Status

Bill Number:                      621
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990318
Primary Sponsor:                  Mescher
All Sponsors:                     Mescher
Drafted Document Number:          l:\s-res\wcm\006stat.whb.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Firearms or ammunition manufacturers, 
                                  State has right to regulate and institute 
                                  civil actions; Courts, Weapons, Crimes


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990318  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill

TO AMEND ARTICLE 7, CHAPTER 31, TITLE 23 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT REGULATORY AUTHORITY OVER FIREARMS, BY ADDING SECTIONS 23-31-513 THROUGH 23-31-517 SO AS TO RESERVE TO THE STATE THE RIGHT TO REGULATE THE ACTIVITIES OF AND THE RIGHT TO INSTITUTE AND MAINTAIN CERTAIN CIVIL ACTIONS AGAINST FIREARMS OR AMMUNITION MANUFACTURERS, TRADE ASSOCIATIONS, AND DEALERS.

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

SECTION 1. Article 7, Chapter 31, Title 23 of the 1976 Code is amended by adding:

"Section 23-31-513. The General Assembly determines that the lawful design, marketing, manufacture, or sale of firearms or ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance per se.

Section 23-31-515. No county or municipality, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.

Section 23-31-517. The authority to bring suit and the right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental entity established pursuant to an act of the General Assembly, or any department, agency, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the State. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision or local government authority."

SECTION 2. This act takes effect upon approval by the Governor.

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