Amend amendment number 1 bearing document path L:\S-JUD\AMEND\JUD3560.001.DOCX, as and if amended, page 2, by striking Section 21-31-1020(A) in its entirety and inserting:
/ Section 23-31-1020. (A) The Judicial Department and the Chief of SLED, or the chief's designee, shall work in conjunction with the appropriate court of each county in developing procedures for the collection and submission of information of persons who have been adjudicated as a mental defective and the courts have determined are unfit to carry a weapon or who have been committed to a mental institution and the courts have determined are unfit to carry a weapon. The courts shall determine on a case-by-case basis whether a person is a mental defective or should be committed to a mental institution, and whether the person is unfit to carry a weapon. The courts shall only collect and submit information to SLED if the courts have specially made such determinations. /
Amend amendment number 1 bearing document path L:\S-JUD\AMEND\JUD3560.001.DOCX further, as and if amended, page 3, by striking Section 21-31-1030(A) in its entirety and inserting:
/ Section 23-31-1030. (A) If a person is prohibited from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. Section 922(g)(4) or Section 23-31-1040 as a result of adjudication as a mental defective or commitment to a mental institution and the court has determined the person is unfit to carry a weapon, the person may petition the court that issued the original order to remove the prohibitions. The person may file the petition upon the expiration of any current commitment order; however, the court only may consider petitions for relief due to adjudications and commitments that occurred in South Carolina. /
Amend amendment number 1 bearing document path L:\S-JUD\AMEND\JUD3560.001.DOCX further, as and if amended, page 5, by striking Section 21-31-1040(A) in its entirety and inserting:
/ Section 23-31-1040. (A) It is unlawful for a person who has been adjudicated as a mental defective and the court has determined is unfit to carry a weapon or who has been committed to a mental institution and the court has determined is unfit to carry a weapon to ship, transport, possess, or receive a firearm or ammunition. /
Amend amendment number 1 bearing document path L:\S-JUD\AMEND\JUD3560.001.DOCX further, as and if amended, page 5, by striking Section 21-31-1040(D) in its entirety and inserting:
/ (D) At the time the person is adjudicated as a mental defective or is committed to a mental institution and the court has determined the person is unfit to carry a weapon, the court shall provide to the person or the person's representative, as appropriate, a written form that conspicuously informs the person or the person's representative, as appropriate, of the provisions of this section. /
Amend amendment number 1 bearing document path L:\S-JUD\AMEND\JUD3560.001.DOCX further, as and if amended, page 7, by striking SECTION 3 in its entirety and inserting:
/ SECTION 3. Courts required to submit information to SLED pursuant to this act concerning individuals who have been adjudicated as a mental defective and the courts have determined to be unfit to carry a weapon or who have been committed to a mental institution and the courts have determined to be unfit to carry a weapon shall, from the effective date of this act forward, submit information as the information arises and in accordance with procedures developed as required by this act and have one year from this act's effective date to submit retroactive information on such individuals going back a minimum of ten years or, if records are not available as far back as ten years, as far back as records exist. /
Renumber sections to conform.
Amend title to conform.