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488Ratification Number: 106Act Number: 106Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010322Primary Sponsor: RybergAll Sponsors: RybergDrafted Document Number: l:\council\bills\ggs\22912cm01.docCompanion Bill Number: 3744Date Bill Passed both Bodies: 20010523Governor's Action: SDate of Governor's Action: 20010921Subject: Weapons, offenses involving; provisions not applicable to certain federal government employees; Crimes and OffensesHistory 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
(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."
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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