South Carolina General Assembly
117th Session, 2007-2008

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A192, R219, H4364

STATUS INFORMATION

General Bill
Sponsors: Reps. M.A. Pitts, Littlejohn, Toole and McLeod
Document Path: l:\council\bills\ms\7450ahb08.doc

Introduced in the House on January 8, 2008
Introduced in the Senate on February 5, 2008
Passed by the General Assembly on March 26, 2008
Governor's Action: April 2, 2008, Signed

Summary: Handguns

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/12/2007  House   Prefiled
  12/12/2007  House   Referred to Committee on Judiciary
    1/8/2008  House   Introduced and read first time HJ-47
    1/8/2008  House   Referred to Committee on Judiciary HJ-48
   1/16/2008  House   Member(s) request name added as sponsor: Toole
   1/30/2008  House   Committee report: Favorable Judiciary HJ-5
   1/31/2008  House   Member(s) request name added as sponsor: McLeod
   1/31/2008  House   Read second time HJ-36
   1/31/2008  House   Unanimous consent for third reading on next legislative 
                        day HJ-37
    2/1/2008  House   Read third time and sent to Senate HJ-2
    2/5/2008  Senate  Introduced and read first time SJ-16
    2/5/2008  Senate  Referred to Committee on Judiciary SJ-16
   2/11/2008  Senate  Referred to Subcommittee: Hawkins (ch), Sheheen, Lourie, 
                        Vaughn
   3/12/2008  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-19
   3/13/2008  Senate  Committee Amendment Adopted SJ-19
   3/13/2008  Senate  Read second time SJ-19
   3/18/2008  Senate  Read third time and returned to House with amendments 
                        SJ-24
   3/26/2008  House   Concurred in Senate amendment and enrolled HJ-32
   3/27/2008          Ratified R 219
    4/2/2008          Signed By Governor
    4/8/2008          Copies available
    4/8/2008          Effective date 04/02/08
   4/15/2008          Act No. 192

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/12/2007
1/30/2008
3/12/2008
3/13/2008


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

(A192, R219, H4364)

AN ACT 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 PROHIBIT THE SALE OF A HANDGUN TO PERSONS UNDER EIGHTEEN YEARS OF AGE RATHER THAN UNDER TWENTY-ONE YEARS OF AGE.

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

Sale of handguns, prohibitions

SECTION    1.    Section 16-23-30(A) of the 1976 Code, as last amended by Act 336 of 2006, is further amended to read:

"(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 to:

(1)    a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;

(2)    a person who is a member of a subversive organization;

(3)    a person under the age of eighteen, but this shall not apply to the issue of handguns 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 for instructions under the immediate supervision of a parent or adult instructor; or

(4)    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 adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication."

Savings clause

SECTION    2.    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.

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 27th day of March, 2008.

Approved the 2nd day of April, 2008.

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