South Carolina General Assembly
114th Session, 2001-2002

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Bill 488


                    Current Status

Bill Number:                      488
Ratification Number:              106
Act Number:                       106
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010322
Primary Sponsor:                  Ryberg
All Sponsors:                     Ryberg
Drafted Document Number:          l:\council\bills\ggs\22912cm01.doc
Companion Bill Number:            3744
Date Bill Passed both Bodies:     20010523
Governor's Action:                S
Date of Governor's Action:        20010921
Subject:                          Weapons, offenses involving; provisions 
                                  not applicable to certain federal government 
                                  employees; Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20011002  Act No. A106
------  20010921  Signed by Governor
------  20010605  Ratified R106
House   20010523  Read third time, enrolled for
                  ratification
House   20010522  Read second time
House   20010516  Committee report: Favorable            25 HJ
House   20010501  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20010427  Read third time, sent to House
Senate  20010426  Read second time, unanimous consent
                  for third reading on Friday,
                  20010427
Senate  20010425  Committee report: Favorable            11 SJ
------  20010323  Companion Bill No. 3744
Senate  20010322  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on April 25, 2001 - Word format
Revised on May 16, 2001 - 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.)

(A106, R106, S488)

AN ACT TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE APPLICATION OF PROVISIONS REGARDING OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO A PERSON AUTHORIZED TO POSSESS CERTAIN WEAPONS BY THE UNITED STATES DEPARTMENT OF THE TREASURY, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR ANY OTHER FEDERAL AGENCY EMPOWERED TO GRANT THIS AUTHORIZATION.

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

Offenses involving weapons exceptions

SECTION 1. Section 16-23-250 of the 1976 Code, as last amended by Act 564 of 1990, is further 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, military firearms, 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 a county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, 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 persons on duty in the postal service of the United States or a common carrier while transporting direct to a 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. The provisions of this section must not 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 a manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., a person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization, a common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law, or persons licensed pursuant to Section 23-31-370."

Time effective

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

Ratified the 5th day of June, 2001.

Approved the 21st day of September, 2001.

__________


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