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H. 3876
STATUS INFORMATION
General Bill
Sponsors: Reps. Stavrinakis, Breeland, Mack, J.E. Smith and Whipper
Document Path: l:\council\bills\ms\7092ahb07.doc
Introduced in the House on April 12, 2007
Currently residing in the House Committee on Judiciary
Summary: Firearms
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/12/2007 House Introduced and read first time HJ-10
4/12/2007 House Referred to Committee on Judiciary HJ-11
5/22/2007 House Member(s) request name removed as sponsor: Merrill
5/30/2007 House Member(s) request name removed as sponsor: Harrell
1/8/2008 House Member(s) request name removed as sponsor: Harrison
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 16-23-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SALE OF HANDGUNS TO CERTAIN PERSONS, SO AS TO REPLACE THE TERM "HANDGUN" WITH "FIREARM", TO PROHIBIT THE SALE OF FIREARMS TO ALL CONVICTED FELONS RATHER THAN VIOLENT OFFENDERS, AND TO PROHIBIT THE POSSESSION OF FIREARMS BY A CONVICTED FELON; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE ARTICLE, SO AS TO CREATE A THREE-TIERED PENALTY SCHEME INCLUDING CREATING A MANDATORY MINIMUM PENALTY FOR THE OFFENSE OF THE POSSESSION OF FIREARMS BY CONVICTED FELONS; TO AMEND SECTION 16-23-490, RELATING TO ADDITIONAL PENALTIES FOR POSSESSION OF A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME, SO AS TO INCLUDE THE COMMISSION OF A MOST SERIOUS OR SERIOUS OFFENSE AND TO REVISE AND INCREASE THE PENALTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-23-30 of the 1976 Code, as last amended by Act 336 of 2006, is further amended to read:
"Section 16-23-30. (A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun a firearm to a person:
(1) a person who has been convicted of a crime of violence felony in any a court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia; or
(2) who is a fugitive from justice, or a habitual drunkard, or a drug addict, or who has been adjudicated mentally incompetent;
(2)(3) a person who is a member of a subversive organization;
(3)(4) a person under the age of twenty-one, but this shall not apply to the issue of handguns firearms to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns a firearm for instructions under the immediate supervision of a parent or adult instructor; or
(4)(5) a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such this adjudication to be made upon application by any a police officer, or by any a prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an the application is entitled to reasonable notice and a proper hearing prior to any such adjudication.
(B) It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns a firearm within this State.
(C) A person shall not knowingly buy, sell, transport, pawn, receive, or possess any a stolen handgun firearm or one from which the original serial number has been removed or obliterated."
SECTION 2. Section 16-23-50 of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:
Section 16-23-50. (A)(1) A person, including a dealer, who violates the provisions of this article, except Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both. :
(2)(1) A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.;
(2) Section 16-23-30, except as provided in item (3), is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both; and
(3) Section 16-23-30(B) who has been convicted of a felony as defined in Section 16-23-30(A)(1) is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of not less than five years nor more than twenty-five years, no part of which may be suspended nor probation granted.
(B) In addition to the penalty penalties provided in this section, the handgun firearm involved in the violation of this article must be confiscated. The handgun firearm must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated handgun firearm may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell handguns firearms in this State for a handgun firearm or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any a legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the handgun firearm, the division may keep the handgun it for use by its forensic laboratory. Records must be kept of all confiscated handguns firearms received by the law enforcement agencies under pursuant to the provisions of this article."
SECTION 3. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. (A) If It is unlawful for a person is to be in possession of a firearm or visibly displays display what appears to be a firearm or visibly displays display a knife during the commission of a:
(1) violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime. ;
(2) most serious offense and is convicted of committing or attempting to commit a most serious offense as defined in Section 17-25-45(C)(1); or
(3) serious offense and is convicted of committing or attempting to commit a serious offense as defined in Section 17-25-45(C)(2).
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum of not less than five years nor more than twenty-five years, in addition to the punishment prescribed for the principal offense. This sentence does not apply in cases when the death penalty or a life sentence without parole is imposed for the principal offense.
(C) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently, and the court must impose this mandatory sentence to run consecutively to a sentence imposed for the principal offense.
(C)(D) The person sentenced under pursuant to this section is not eligible during this five-year period sentence for parole, work release, or extended work release. The five years No part of this sentence may not be suspended nor probation granted, and the person may not complete his term of imprisonment in less than five years early pursuant to good-time credits or work credits, but may earn credits during this period.
(D)(E) As used in this section,:
(1) 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; and
(2) 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
(E) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment.
(F) The penalties prescribed in this section may not be imposed unless the person is convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60 of a qualifying principal offense as contained in this section."
SECTION 4. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 5. This act takes effect upon approval by the Governor.
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