South Carolina General Assembly
115th Session, 2003-2004

Download This Bill in Microsoft Word format

A242, R325, H3442

STATUS INFORMATION

General Bill
Sponsors: Reps. Sandifer, Cotty, Altman, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Ceips, Chellis, Clark, Coates, Dantzler, Duncan, Edge, Hayes, Herbkersman, Hinson, Jennings, Kirsh, Leach, Lucas, Mahaffey, McCraw, McGee, Merrill, Ott, Owens, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Scarborough, Simrill, Sinclair, Skelton, D.C. Smith, J.R. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon, Young, Clemmons and Rutherford
Document Path: l:\council\bills\swb\5135cm03.doc
Companion/Similar bill(s): 211, 3324

Introduced in the House on January 28, 2003
Introduced in the Senate on March 26, 2003
Last Amended on May 6, 2004
Passed by the General Assembly on May 12, 2004
Governor's Action: May 24, 2004, Signed

Summary: Purchase of multiple pistols authorized

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/28/2003  House   Introduced and read first time HJ-59
   1/28/2003  House   Referred to Committee on Judiciary HJ-60
    2/4/2003  House   Member(s) request name added as sponsor: Clemmons
   3/18/2003  House   Member(s) request name added as sponsor: Rutherford
   3/19/2003  House   Committee report: Favorable Judiciary HJ-9
   3/20/2003          Scrivener's error corrected
   3/25/2003  House   Read second time HJ-26
   3/26/2003  House   Read third time and sent to Senate HJ-14
   3/26/2003  Senate  Introduced and read first time SJ-21
   3/26/2003  Senate  Referred to Committee on Judiciary SJ-21
    2/4/2004  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Judiciary SJ-39
    3/2/2004  Senate  Special order SJ-20
    5/6/2004  Senate  Amended SJ-30
    5/6/2004  Senate  Read second time SJ-30
    5/6/2004  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-30
    5/7/2004  Senate  Read third time and returned to House with amendments 
                        SJ-10
   5/12/2004  House   Concurred in Senate amendment and enrolled HJ-17
   5/19/2004          Ratified R 325
   5/24/2004          Signed By Governor
   5/27/2004          Copies available
   5/27/2004          Effective date 05/24/04
   6/10/2004          Act No. 242

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/28/2003
3/19/2003
3/20/2003
2/4/2004
5/6/2004


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

(A242, R325, H3442)

AN ACT TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION, PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THESE PROVISIONS.

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

Application to purchase a pistol

SECTION    1.    Section 23-31-140 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 23-31-140.    (A)    Before the purchase of a pistol, the purchaser shall complete an application in triplicate in the presence of the dealer. The application to be furnished by the division must contain the applicant's:

(1)    name;

(2)    residence and business address;

(3)    date and place of birth;

(4)    social security number; and

(5)    South Carolina driver's license number or Department of Public Safety identification card number or, in the case of an applicant on active duty in the United States military, the number from the applicant's current United States military identification card.

(B)    A person is not allowed to purchase a pistol from a dealer unless he has completed the application fully.

(C)    No person may purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Public Safety identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card.

(D)    Upon proper completion of the application, the dealer must submit the original application to the division, retain a copy for his records, and give a copy to the applicant upon his purchase of a pistol. The application to be submitted to the division must be accompanied by a firearm transaction record properly completed by the purchaser and the dealer.

For purposes of this section, the purchase of a pistol does not include the redeeming of a pistol by its owner after it has been pledged to secure a loan."

Time effective

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

Ratified the 19th day of May, 2004.

Approved the 24th day of May, 2004.

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This web page was last updated on Monday, December 7, 2009 at 10:26 A.M.