Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Constitutional Carry Act of 2015".
SECTION 2. Section 10-11-320 of the 1976 Code is amended to read:
"Section 10-11-320.
(A) It is unlawful for any person or
group of persons to:
(1)
carry or have readily accessible to the person upon the
capitol grounds or within the capitol building any firearm or
dangerous weapon; or
(2)
discharge any firearm or to use any dangerous weapon upon
the capitol grounds or within the capitol building.
(B) This section does
not apply to a person who possesses a concealable
weapons' permit pursuant to Article 4, Chapter 31, Title
23 firearm and is authorized to park on the
capitol grounds or in the parking garage below the capitol
grounds. The firearm must remain locked in the person's vehicle
while on or below the capitol grounds and must be stored in a
place in the vehicle that is not readily accessible to any
person upon entry to or below the capitol grounds."
SECTION 3. Section 16-23-20 of the 1976 Code, as last amended by Act 123 of 2014, is further amended to read:
"Section 16-23-20.
(A) It is unlawful for anyone
to carry about the person any handgun, whether concealed or not,
except as follows, unless otherwise specifically prohibited by
law:
(1) regular, salaried
law enforcement officers, and reserve police officers of a state
agency, municipality, or county of the State, uncompensated
Governor's constables, law enforcement officers of the federal
government or other states when they are carrying out official
duties while in this State, deputy enforcement officers of the
Natural Resources Enforcement Division of the Department of
Natural Resources, and retired commissioned law enforcement
officers employed as private detectives or private
investigators;
(2) members of the
Armed Forces of the United States, the National Guard, organized
reserves, or the State Militia when on duty;
(3) members, or their
invited guests, of organizations authorized by law to purchase
or receive firearms from the United States or this State or
regularly enrolled members, or their invited guests, of clubs
organized for the purpose of target shooting or collecting
modern and antique firearms while these members, or their
invited guests, are at or going to or from their places of
target practice or their shows and exhibits;
(4) licensed hunters or
fishermen who are engaged in hunting or fishing or going to or
from their places of hunting or fishing while in a vehicle or on
foot;
(5) a person regularly
engaged in the business of manufacturing, repairing,
repossessing, or dealing in firearms, or the agent or
representative of this person, while possessing, using, or
carrying a handgun in the usual or ordinary course of the
business;
(6) guards authorized
by law to possess handguns and engaged in protection of property
of the United States or any agency of the United States;
(7) members of
authorized military or civil organizations while parading or
when going to and from the places of meeting of their respective
organizations;
(8) a person in his
home or upon his real property or a person who has the
permission of the owner or the person in legal possession or the
person in legal control of the home or real property;
(9) a person in a
vehicle if the handgun is:
(a)
secured in a closed glove compartment, closed console,
closed trunk, or in a closed container secured by an integral
fastener and transported in the luggage compartment of the
vehicle; however, this item is not violated if the glove
compartment, console, or trunk is opened in the presence of a
law enforcement officer for the sole purpose of retrieving a
driver's license, registration, or proof of insurance. If the
person has been issued a concealed weapon permit
pursuant to Article 4, Chapter 31, Title 23 is not
prohibited by state law from possessing the weapon, then the
person also may secure his weapon under a seat in a vehicle, or
in any open or closed storage compartment within the vehicle's
passenger compartment; or
(b)
concealed on or about his person, and he has a
valid concealed weapons permit pursuant to the provisions of
Article 4, Chapter 31, Title 23 provided he is not
prohibited by state law from possessing the weapon;
(10) a person carrying
a handgun unloaded and in a secure wrapper from the place of
purchase to his home or fixed place of business or while in the
process of changing or moving one's residence or changing or
moving one's fixed place of business;
(11) a prison guard
while engaged in his official duties;
(12) a person who is
granted a permit under provision of law by the State Law
Enforcement Division to carry a handgun about his person, under
conditions set forth in the permit, and while transferring the
handgun between the permittee's person and a location specified
in item (9);
(13) the owner or the
person in legal possession or the person in legal control of a
fixed place of business, while at the fixed place of business,
and the employee of a fixed place of business, other than a
business subject to Section 16-23-465, while at the place of
business; however, the employee may exercise this privilege only
after: (a) acquiring a permit pursuant to item (12), and
(b) obtaining the permission of the owner or person in
legal control or legal possession of the premises;
(14) a person engaged
in firearms-related activities while on the premises of a fixed
place of business which conducts, as a regular course of its
business, activities related to sale, repair, pawn, firearms
training, or use of firearms, unless the premises is posted with
a sign limiting possession of firearms to holders of permits
issued pursuant to item (12);
(15) a person while
transferring a handgun directly from or to a vehicle and a
location specified in this section where one may legally possess
the handgun.;
(16) Any person on a
motorcycle when the pistol is secured in a closed saddlebag or
other similar closed accessory container attached, whether
permanently or temporarily, to the
motorcycle.; or
(17) a
person who is at least twenty-one years of age and who is not
prohibited from possessing firearms under state law, whether or
not the person is a resident of the State.
(B)
Unless a person first obtains authorization to possess
a handgun from a person with the apparent authority to grant it,
nothing in subsection (A)(17) authorizes carrying of a handgun
into any location prohibited under Section
23-31-215(M)."
SECTION 4. Section 16-23-420 of the 1976 Code, as last amended by Act 32 of 2009, is further amended to read:
"Section 16-23-420.
(A) It is unlawful for a person to
possess a firearm of any kind on any premises or property owned,
operated, or controlled by a private or public school, college,
university, technical college, other post-secondary institution,
or in any publicly owned building, without the express
permission of the authorities in charge of the premises or
property. The provisions of this subsection related to any
premises or property owned, operated, or controlled by a private
or public school, college, university, technical college, or
other post-secondary institution, do not apply to a person who
is authorized to carry a concealed weapon pursuant to
Article 4, Chapter 31, Title 23 lawfully is carrying
a weapon when the weapon remains inside an attended or
locked motor vehicle and is secured in a closed glove
compartment, closed console, closed trunk, or in a closed
container secured by an integral fastener and transported in the
luggage compartment of the vehicle.
(B) It is unlawful for
a person to enter the premises or property described in
subsection (A) and to display, brandish, or threaten others with
a firearm.
(C) A person who
violates the provisions of this section is guilty of a felony
and, upon conviction, must be fined not more than five thousand
dollars or imprisoned not more than five years, or both.
(D) This section does
not apply to a guard, law enforcement officer, or member of the
armed forces, or student of military science. A married student
residing in an apartment provided by the private or public
school whose presence with a weapon in or around a particular
building is authorized by persons legally responsible for the
security of the buildings is also exempted from the provisions
of this section.
(E) For purposes of
this section, the terms 'premises' and 'property' do not include
state or locally owned or maintained roads, streets, or
rights-of-way of them, running through or adjacent to premises
or property owned, operated, or controlled by a private or
public school, college, university, technical college, or other
post-secondary institution, which are open full time to public
vehicular traffic.
(F) This section does
not apply to a person who is authorized to carry
concealed weapons pursuant to Article 4, Chapter 31 of Title
23 when upon any premises, property, or building that
is part of an interstate highway rest area facility."
SECTION 5. Section 16-23-430 of the 1976 Code, as last amended by Act 32 of 2009, is further amended to read:
"Section 16-23-430.
(A) It shall be unlawful for any
person, except state, county, or municipal 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, firearms, or any other type of
weapon, device, or object which may be used to inflict bodily
injury or death.
(B) This section does
not apply to a person who is authorized to carry a
concealed weapon pursuant to Article 4, Chapter 31, Title
23 lawfully is carrying a weapon when the weapon
remains inside an attended or locked motor vehicle and is
secured in a closed glove compartment, closed console, closed
trunk, or in a closed container secured by an integral fastener
and transported in the luggage compartment of the vehicle.
(C) 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
weapon or object used in violation of this section may be
confiscated by the law enforcement division making the
arrest."
SECTION 6. Section 16-23-460(C) of the 1976 Code, as last amended by Act 337 of 2008, is further amended to read:
"(C) The provisions of this section also do not apply to handguns, rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a crime."
SECTION 7. Section 51-3-145(G) of the 1976 Code, as last amended by Act 274 of 2002, is further amended to read:
"(G) Possessing
any firearm, airgun, explosive, or firework except by duly
authorized park personnel, law enforcement officers, or persons
using areas specifically designated by the department for use of
firearms, airguns, fireworks, or explosives. Licensed hunters
may have firearms in their possession during hunting seasons
provided that such firearms are unloaded and carried in a case
or the trunk of a vehicle except that in designated game
management areas where hunting is permitted, licensed hunters
may use firearms for hunting in the manner authorized by law.
This subsection shall not apply to a person carrying a
concealable weapon pursuant to Article 4, Chapter 31,
Title 23, as defined in Section 23-31-210(5) and
the concealable weapon and its ammunition."
SECTION 8. Section 23-31-215 (N) of the 1976 Code as last amended by Act 349 of 2008, and (M) and (O) of the 1976 Code, as last amended by Act 123 of 2014, are further amended to read:
"(M)
A Unless an individual first obtains
authorization to possess a concealable weapon from a person with
the apparent authority to grant it, a permit issued pursuant
to this section does not authorize a permit holder to carry a
concealable weapon into a:
(1)
law enforcement, correctional, or detention facility;
(2)
courthouse or courtroom;
(3)
polling place on election days;
(4)
office of or the business meeting of the governing body of
a county, public school district, municipality, or special
purpose district;
(5)
school or college athletic event not related to
firearms;
(6)
daycare facility or preschool facility;
(7)
place where the carrying of firearms is prohibited by
federal law;
(8)
church or other established religious sanctuary unless
express permission is given by the appropriate church official
or governing body;
(9)
hospital, medical clinic, doctor's office, or any other
facility where medical services or procedures are performed
unless expressly authorized by the employer; or
(10)
place clearly marked with a sign prohibiting the carrying
of a concealable weapon on the premises pursuant to Sections
23-31-220 and 23-31-235. Except that a property owner or an
agent acting on his behalf, by express written consent, may
allow individuals of his choosing to enter onto property
regardless of any posted sign to the contrary. A person who
violates a provision of this item, whether the violation is
wilful or not, only may be charged with a violation of Section
16-11-620 and must not be charged with or penalized for a
violation of this subsection.
Except as provided for in item (10), a
person who wilfully violates a provision of this subsection is
guilty of a misdemeanor and, upon conviction, must be fined not
less than one thousand dollars or imprisoned not more than one
year, or both, at the discretion of the court and have
his permit revoked for five years.
Nothing contained in this subsection may be
construed to alter or affect the provisions of Sections
10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080,
44-52-165, 50-9-830, and 51-3-145.
(N) Valid out-of-state
permits to carry concealable weapons held by a resident of
a reciprocal another state must be
honored by this State, provided, that the reciprocal
state requires an applicant to successfully pass a criminal
background check and a course in firearm training and safety. A
resident of a reciprocal state carrying a concealable weapon in
South Carolina is subject to and must abide by the laws of South
Carolina regarding concealable weapons. SLED shall maintain and
publish a list of those states as the states with which South
Carolina has reciprocity.
(O) A permit issued
pursuant to this article is not required for a person:
(1)
specified in Section 16-23-20, items (1) through
(5) and items (7) through (11);
(2)
carrying a self-defense device generally considered to be
nonlethal including the substance commonly referred to as
"pepper gas"; or
(3)
carrying a concealable weapon in a manner not prohibited
by law."
SECTION 9. Section 23-31-220 of the 1976 Code is amended to read:
"Section 23-31-220.
Nothing contained in this article shall in any way be
construed to limit, diminish, or otherwise infringe upon:
(1) the right of a
public or private employer to prohibit a person
who , whether the person is licensed
under this article or not, from carrying a concealable
weapon upon the premises of the business or work place or while
using any machinery, vehicle, or equipment owned or operated by
the business; or
(2) the right of a
private property owner or person in legal possession or control
to allow or prohibit the carrying of a concealable weapon upon
his premises.
The posting of a sign by the
employer, owner, or person in legal possession or control of
a sign stating 'No Concealable Weapons Allowed'
shall constitute notice to a person holding a permit
issued pursuant to this article that the employer,
owner, or person in legal possession or control requests that
concealable weapons not be brought upon the premises or into the
work place. A person who brings a concealable weapon onto the
premises or work place in violation of the provisions of this
paragraph may be charged with a violation of Section 16-11-620.
In addition to the penalties provided in Section
16-11-620, a person convicted of a second or subsequent
violation of the provisions of this paragraph must have his
permit revoked for a period of one year. The
prohibition contained in this section does not apply to persons
specified in Section 16-23-20,
item(A)(1)."
SECTION 10. Section 23-31-225 of the 1976 Code is amended to read:
"Section 23-31-225.
No person who holds a permit issued pursuant to
Article 4, Chapter 31, Title 23 may carry a concealable
weapon into the residence or dwelling place of another person
without the express permission of the owner or person in legal
control or possession, as appropriate. A person who violates
this provision is guilty of a misdemeanor and, upon conviction,
must be fined not less than one thousand dollars or imprisoned
for not more than one year, or both, at the discretion of the
court and have his permit revoked for five
years."
SECTION 11. Section 23-31-240 of the 1976 Code is amended to read:
"Section 23-31-240.
Notwithstanding any other provision contained in this
article, the following persons who possess a valid
permit pursuant to this article may carry a concealable
weapon anywhere within this State, when carrying out the duties
of their office:
(1) active Supreme
Court justices;
(2) active judges of
the court of appeals;
(3) active circuit
court judges;
(4) active family court
judges;
(5) active
masters-in-equity;
(6) active probate
court judges;
(7) active
magistrates;
(8) active municipal
court judges;
(9) active federal
judges;
(10) active
administrative law judges;
(11) active solicitors
and assistant solicitors; and
(12) active workers'
compensation commissioners."
SECTION 12. 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 13. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.