Reference is to Printer's Date 3/22/17-H.
Amend the bill, as and if amended, SECTION 2, beginning on page 3930-2, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. Section 16-23-20 of the 1976 Code is 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: with the intent to use the
handgun unlawfully against another person. The intent to use a
handgun unlawfully against another person must not be inferred
from the mere possession, carrying, use, or concealment of the
handgun, whether it is loaded or unloaded.
(B) A person
may not carry a handgun off of any real property the person
occupies as a resident, owner, or lessee with the following
exceptions:
(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 a 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, 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;
(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 a place
of concealment on or about 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 a person
who has obtained 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.;
(17)
a person who possesses or exposes the handgun
while in justified defense of self, property, or
another;
(18)
a person who is carrying in accordance with item
(9)(b) of this section and who inadvertently exposes to another
person a handgun in a holster or other retention device that the
person intended to keep concealed on or about his person; or
(19)
the person is not otherwise prohibited by law from
possessing a handgun."
/
Renumber sections to conform.
Amend title to conform.