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COMMITTEE REPORT
February 17, 1999
H. 3079
S. Printed 2/17/99--H.
Read the first time January 12, 1999.
To whom was referred a Bill (H. 3079), to amend Section 23-31-320, as amended, Code of Laws of South Carolina, 1976, relating to the use and possession of machine guns and military firearms, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/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./
AMEND TITLE TO READ:
/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./
Renumber sections to conform.
Amend totals to conform.
JAMES H. HARRISON, for Committee.
EXPLANATION OF IMPACT:
The State Law Enforcement Division indicates there will be no fiscal impact on the General Fund of the State nor on federal and/or other funds.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 23-31-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS, SO AS TO PROVIDE THAT THE PROVISIONS WITH CERTAIN EXCEPTIONS RESTRICTING THE USE AND POSSESSION OF MACHINE GUNS AND MILITARY FIREARMS ALSO NOT APPLY TO ANY DEALER OR PERSON LICENSED OR HOLDING A VALID PERMIT ISSUED PURSUANT TO FEDERAL LAW IF THE POSSESSION, TRANSPORTATION OR SHIPMENT IS NOT PROHIBITED BY FEDERAL LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-31-320 of the 1976 Code, as last amended by Act 564 of 1990, is further amended to read:
"Section 23-31-320. The provisions of this article shall 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, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of such 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 shall not apply to any manufacturer of machine guns or military firearms or to any dealer or person licensed or holding a valid permit issued 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 guns or military firearms to or from such manufacturer, dealer, or person licensed or holding a valid permit issued pursuant to federal law if the transportation or shipment is not prohibited by federal law. Any such manufacturer shall furnish to the South Carolina Law Enforcement Division the serial numbers of all machine guns or military firearms manufactured by it within thirty days of such manufacture and shall be subject to the penalties provided in Section 23-31-340 for noncompliance."
SECTION 2. This act takes effect upon approval by the Governor.
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