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. Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-510.
(A) Except as provided in subsection
(D), a person, whether the person has a concealed weapons permit
or not, may not carry a handgun, whether concealed or not, into
any of the following places without the permission of the owner
or a person in control of the premises:
(1)
a police, sheriff, or highway patrol station or any other
law enforcement office or facility;
(2)
a detention facility, prison, or jail or any other
correctional facility or office;
(3)
a courthouse or courtroom;
(4)
a polling place on election day;
(5)
an office or the business meeting of the governing body of
a county, public school district, municipality, or special
purpose district;
(6)
a school or college athletic event not related to
firearms;
(7)
a place where the carrying of firearms is prohibited by
federal law;
(8)
a daycare facility or a preschool facility;
(9)
church or other established religious sanctuary unless
express permission is given by the appropriate church official
or governing body;
(10)
hospital, medical clinic, doctor's office, or any other
facility where medical services or procedures are performed;
or
(11)
a 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.
(B) A person who
wilfully violates subsection (A) 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 shall have any permit issued to him
pursuant to Article 4, Chapter 31, Title 23 revoked for five
years.
(C) When carrying a
handgun, whether concealed or not, a person must inform a law
enforcement officer of the fact he is carrying a handgun when an
officer:
(1)
initiates an investigatory stop of the person including,
but not limited to, a traffic stop;
(2)
identifies himself as a law enforcement officer; and
(3)
requests identification or a driver's license from the
person.
(D) The provisions of
subsection (A) do not apply to peace officers in the actual
discharge of their duties."
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 if the person is under
twenty-one years of age, 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;
or
(18)
a person who is over twenty-one years old or 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."
SECTION 3. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420.
(A) It is unlawful for a person to
knowingly 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 when the
weapon firearm remains concealed from
common observation 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 either possessed by a person with a valid permit
issued pursuant to Article 4, Chapter 31, Title 23, or is not
loaded and in a locked container or a locked firearms rack that
is in or on the motor vehicle. The provisions of this section
related to publicly owned buildings do not apply to any portion
of the property leased to an individual or a business or to the
occupants or invitees of such leased premises during reasonable
ingress to or egress from the leased premises.
(B) It is unlawful for
a person to enter the threaten other persons
with a firearm on 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 4. Section 16-23-430 of the 1976 Code is amended to read:
"Section 16-23-430.
(A) It shall be
is 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 when the
weapon firearm remains concealed from
common observation 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 or is either possessed by a person with a valid
permit issued pursuant to Article 4, Chapter 31, Title 23, or is
not loaded and in a locked container or a locked firearm rack
that is in or on the motor 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 5. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460.
(A) A person carrying a deadly weapon
usually used for the infliction of personal injury concealed
about his person with the intent to use the weapon unlawfully
against another person is guilty of a misdemeanor, must
forfeit to the county, or, if convicted in a municipal court, to
the municipality, the concealed weapon, 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. The intent to use a weapon unlawfully against another
person shall not be inferred by the mere possession, carrying,
use, or concealment of the weapon, including the possession,
carrying, use, or concealment of a loaded or unloaded firearm.
In the case of handguns, violations shall be determined by the
provisions contained in Section 16-23-20(A).
(B) The
provisions of this section do not apply to:
(1) A person
carrying a concealed weapon upon his own premises or pursuant to
and in compliance with Article 4, 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, knives, or razors
unless they are used with the intent to commit a crime or in
furtherance of a crime."
SECTION 6. Section 16-23-465(A) of the 1976 Code is amended to read:
"(A) In addition
to the penalties provided for by Sections 16-11-330, 16-11-620,
16-23-460, 23-31-220, and Article 1, Chapter 23, Title 16, a
person convicted of carrying a pistol or firearm into a business
which sells alcoholic liquor, beer, or wine for consumption on
the premises is guilty of a misdemeanor, and,
upon conviction, must be fined not more than two thousand
dollars or imprisoned not more than two years, or both, when
the person:
(1)
carries a firearm into any business which sells
alcoholic liquor, beer, or wine for consumption on the premises
and which at the time of the offense was clearly and
conspicuously posted in accordance with Section
23-31-220;
(2)
carries a firearm in any business which sells
alcoholic liquor, beer, or wine for consumption on the premises
and refuses to leave or to remove the firearm from the premises
when asked to do so by a person legally in control of the
premises; or
(3)
consumes alcohol while carrying a firearm in any
business which sells alcoholic liquor, beer, or wine for
consumption on the premises.
In addition to the penalties described
above, a person who violates this section while carrying a
concealable weapon pursuant to Article 4, Chapter 31, Title 23,
must have his concealed weapon permit revoked for a period of
five years."
SECTION 7. Section 23-31-215(A) and (K)-(Q) of the 1976 Code, as last amended by Act 123 of 2014 and Act 223 of 2016 is further amended to read:
"(A)
Notwithstanding any other provision of law, except
subject to subsection (B), SLED must issue a
permit, which is no larger than three and one-half inches by
three inches in size, to carry a concealable weapon to a
resident or qualified nonresident who is at least twenty-one
years of age and who is not prohibited by state law from
possessing the weapon upon submission of:
(1)
a completed application signed by the person;
(2)
a photocopy of a driver's license or photographic
identification card;
(3)
proof of residence or if the person is a qualified
nonresident, proof of ownership of real property in this
State;
(4)
proof of actual or corrected vision rated at 20/40 within
six months of the date of application or, in the case of a
person licensed to operate a motor vehicle in this State,
presentation of a valid driver's license;
(5)
proof of training;
(6)
payment of a fifty-dollar application fee. This fee must
be waived for disabled veterans and retired law enforcement
officers; and
(7)
a complete set of fingerprints unless, because of a
medical condition verified in writing by a licensed medical
doctor, a complete set of fingerprints is impossible to submit.
In lieu of the submission of fingerprints, the applicant must
submit the written statement from a licensed medical doctor
specifying the reason or reasons why the applicant's
fingerprints may not be taken. If all other qualifications are
met, the Chief of SLED may waive the fingerprint requirements of
this item. The statement of medical limitation must be attached
to the copy of the application retained by SLED. A law
enforcement agency may charge a fee not to exceed five dollars
for fingerprinting an applicant.
(K) A permit
holder must have his permit identification card in his
possession whenever he carries a concealable weapon. When
carrying a concealable weapon pursuant to Article 4, Chapter 31,
Title 23, a permit holder must inform a law enforcement officer
of the fact that he is a permit holder and present the permit
identification card when an officer:
(1)
identifies himself as a law
enforcement officer; and
(2)
requests identification or a
driver's license from a permit holder.
A permit holder immediately must report the
loss or theft of a permit identification card to SLED
headquarters. A person who violates the provisions of this
subsection is guilty of a misdemeanor and, upon conviction, must
be fined twenty-five dollars.
(L) SLED shall issue a
replacement for lost, stolen, damaged, or destroyed permit
identification cards after the permit holder has updated all
information required in the original application and the payment
of a five-dollar replacement fee. Any change of permanent
address must be communicated in writing to SLED within ten days
of the change accompanied by the payment of a fee of five
dollars to defray the cost of issuance of a new permit. SLED
shall then issue a new permit with the new address. A permit
holder's failure to notify SLED in accordance with this
subsection constitutes a misdemeanor punishable by a twenty-five
dollar fine. The original permit shall remain in force until
receipt of the corrected permit identification card by the
permit holder, at which time the original permit must be
returned to SLED.
(M) 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,
16-23-510, 44-23-1080, 44-52-165,
50-9-830, and 51-3-145, unless specifically
provided for in this section.
(N)(1)
Valid out-of-state permits to carry concealable weapons
held by a resident of a reciprocal
another state who is twenty-one years old or older
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
another state carrying a concealable weapon in
South Carolina with a valid out-of-state permit to
carry a concealable weapon is subject to and must abide by
the laws of South Carolina regarding concealable weapons
while in South Carolina. SLED shall maintain and
publish a list of those states as the states with which South
Carolina has reciprocity. The age twenty-one
requirement does not apply to a member of the active or reserve
military, or a member of the National Guard.
(2)
Notwithstanding the reciprocity
requirements of item (1), South Carolina shall automatically
recognize concealed weapon permits issued by Georgia and North
Carolina.
(3)
The reciprocity provisions of this
section shall not be construed to authorize the holder of any
out-of-state permit or license to carry, in this State, any
firearm or weapon other than a handgun.
(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.
(P) Upon renewal, a
permit issued pursuant to this article is valid for five years.
Subject to subsection (Q), SLED shall renew a currently valid
permit upon:
(1)
payment of a fifty-dollar renewal fee by the applicant.
This fee must be waived for disabled veterans and retired law
enforcement officers;
(2)
completion of the renewal application; and
(3)
picture identification or facsimile copy thereof.
(Q) Upon submission of
the items required by subsection (P), SLED must conduct or
facilitate a state and federal background check of the
applicant. If the background check is favorable
reveals no information which would be disqualifying under the
provisions of this section, SLED must renew the
permit."
SECTION 8. 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, including a
person who is licensed under this article, 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;
(2) the right of a
private property owner or person in legal possession or control
of private property to allow or prohibit the carrying of
a concealable weapon, including a person who possesses a
concealable weapons permit, upon his premises.
The posting 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, including 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 any permit
issued to him pursuant to this article 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 (1) peace officers engaged in the lawful
performance of their official duties."
SECTION 9. Section 23-31-225 of the 1976 Code is amended to read:
"Section 23-31-225.
No A person, including a
person who holds a permit issued pursuant to Article 4,
Chapter 31, Title 23, may not 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, nor may any person
remain on the premises while in possession of the weapon if
asked by the owner or person who is in legal control or
possession of the premises to leave or to remove the weapon from
the premises. 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. The prohibition contained in
this section does not apply to peace officers engaged in the
lawful performance of their official duties."
SECTION 10. 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 11. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 12. The provisions of this act shall apply only to those individuals who legally may purchase a firearm from a properly licensed and certified firearms dealer.
SECTION 13. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.