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S. 458
STATUS INFORMATION
General Bill
Sponsors: Senator Thomas
Document Path: l:\council\bills\ms\7165ahb07.doc
Introduced in the Senate on February 20, 2007
Currently residing in the Senate Committee on Judiciary
Summary: Metal or brass knuckles
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/20/2007 Senate Introduced and read first time SJ-4
2/20/2007 Senate Referred to Committee on Judiciary SJ-4
2/22/2007 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts,
Bryant
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-530 SO AS TO PROHIBIT THE SALE OF METAL OR BRASS KNUCKLES AND PROVIDE A PENALTY; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF "WEAPON" AND THE CONFISCATION OF CERTAIN WEAPONS INVOLVED IN A CRIME, SO AS TO EXPAND THE DEFINITION OF "WEAPON" TO INCLUDE METAL OR BRASS KNUCKLES; TO AMEND SECTION 16-23-430, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCLUDE METAL OR BRASS KNUCKLES IN THE PROHIBITION; AND TO AMEND SECTION 16-23-460, RELATING TO CARRYING CONCEALED WEAPONS, SO AS TO REMOVE THE EXCEPTION FOR METAL KNUCKLES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-530. (A) It is unlawful for a person to sell, rent, give away, or participate, directly or indirectly, in the sale, renting, or giving away of metal or brass knuckles in this State.
(B) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days."
SECTION 2. Section 16-23-405 of the 1976 Code is amended to read:
"Section 16-23-405. (1)(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, metal or brass knuckles, or any other another type of device or object which may be used to inflict bodily injury or death.
(2) (B) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated. Each weapon 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 weapon 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 pistols in this State for a pistol or other equipment approved by the agency, or destroy it. A weapon must may not be disposed of in any manner until the results of any a legal proceeding in which it may be involved are finally determined. A firearm seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory."
SECTION 3. Section 16-23-430 of the 1976 Code is amended to read:
"Section 16-23-430. (1)(A) It shall be is unlawful for any a person, except state, county, or municipal law-enforcement law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, metal or brass knuckles, firearms, or any other another type of weapon, device, or object which may be used to inflict bodily injury or death.
(2)(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any A weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest."
SECTION 4. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460. (A) Any A person carrying who carries a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, and, upon conviction, must shall forfeit the weapon to the county, or, if convicted in a municipal court, to the municipality the concealed weapon, with jurisdiction over the offense and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days.
(B) Nothing herein contained may be construed to The provisions of this section do not apply to:
(1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of, Chapter 31 of, Title 23, ; or
(2) peace officers in the actual discharge of their duties.
(C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime."
SECTION 5. 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 6. This act takes effect upon approval by the Governor.
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