H 4918 Session 112 (1997-1998)
H 4918 General Bill, By W.J. Young, Altman, Askins, G. Brown, Clyburn,
J.L.M. Cromer, Dantzler, Delleney, M. Hines, Jennings, Keegan, Kelley, Kirsh,
Koon, Lanford, Limehouse, Littlejohn, McCraw, McKay, W. McLeod, McMahand,
Rodgers, Simrill, F. Smith, R. Smith, Spearman, E.C. Stoddard, Stuart, Tripp,
Wilder and Woodrum
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
23-31-115 SO AS TO PROVIDE THAT THE CHIEF LAW ENFORCEMENT OFFICER OR ANOTHER
PERSON RESPONSIBLE FOR PROVIDING A BACKGROUND CHECK OF A PERSON PURCHASING A
FIREARM IS NOT LIABLE FOR FAILURE TO PREVENT THE SALE OR TRANSFER OF A FIREARM
TO A PERSON WHO MAY NOT LEGALLY POSSESS A FIREARM OR FOR PREVENTING THE SALE
OR TRANSFER OF A FIREARM TO A PERSON WHO MAY LAWFULLY RECEIVE OR POSSESS A
FIREARM; BY ADDING SECTION 23-31-117 SO AS TO PROVIDE THAT THE STATE LAW
ENFORCEMENT DIVISION (SLED) IS AUTHORIZED TO PROMULGATE REGULATIONS TO
IMPLEMENT THE PROVISIONS CONCERNING THE SALE AND PURCHASE OF CERTAIN FIREARMS;
TO AMEND SECTION 16-8-10, RELATING TO DEFINITIONS OF OFFENSES THAT PROMOTE
CIVIL DISORDER, SO AS TO REVISE THE DEFINITION OF "FIREARM"; TO AMEND SECTION
16-23-30, RELATING TO THE UNLAWFUL SALE OR DELIVERY OF A PISTOL TO AND
POSSESSION BY CERTAIN PERSONS, SO AS TO SUBSTITUTE "FIREARM" FOR "PISTOL", TO
DELETE THE PROVISIONS THAT SPECIFY WHO MAY NOT PURCHASE, ACCEPT, LEASE, RENT,
BARTER, EXCHANGE, OR RECEIVE A PISTOL, AND TO PROVIDE WHO MAY NOT PURCHASE,
ACCEPT, LEASE, RENT, BARTER, EXCHANGE, OR RECEIVE A FIREARM; TO AMEND SECTION
23-31-110, RELATING TO DEFINITIONS REGARDING THE REGULATION OF PISTOLS, SO AS
TO SUBSTITUTE "HANDGUN" FOR "PISTOL", AND TO PROVIDE DEFINITIONS FOR
"SHOTGUN", "RIFLE", "BUSINESS DAYS", "CHIEF LAW ENFORCEMENT OFFICER", "DIN"
AND "STATE TRANSACTION FORM", TO DELETE THE DEFINITION OF THE TERM "CRIME OF
VIOLENCE", AND TO REVISE THE DEFINITIONS OF CERTAIN OTHER TERMS; TO AMEND
SECTION 23-31-130, RELATING TO THE LICENSING OF RETAIL PISTOL DEALERS, SO AS
TO SUBSTITUTE "FIREARM" FOR "PISTOL" AND TO PROVIDE THAT A RETAIL FIREARMS
DEALER MUST POSSESS A FIREARMS DEALER LICENSE; TO AMEND SECTION 23-31-140, AS
AMENDED, RELATING TO THE APPLICATION TO BE COMPLETED BEFORE PURCHASING A
PISTOL AND RESTRICTIONS ON PURCHASING A PISTOL, SO AS TO REVISE THIS PROVISION
BY SUBSTITUTING "PISTOL" FOR "HANDGUN", AND PROVIDE A PROCEDURE FOR A PERSON
TO APPLY FOR PERMISSION TO PURCHASE A FIREARM AND PROVIDE RESTRICTIONS ON THE
PURCHASE OF CERTAIN FIREARMS; TO AMEND SECTION 23-31-150, RELATING TO THE
ISSUANCE, DURATION, AND FORFEITURE OF A RETAIL LICENSE TO SELL PISTOLS, SO AS
TO SUBSTITUTE "FIREARM" FOR "PISTOL" AND TO PROVIDE FOR THE ISSUANCE,
DURATION, AND FORFEITURE OF A FIREARMS DEALER LICENSE; AND TO AMEND SECTION
40-39-40, AS AMENDED, RELATING TO FEES, COSTS, OR ASSESSMENTS A PAWN BROKER
MAY NOT CHARGE, SO AS TO PROVIDE THAT A PAWNBROKER SHALL COLLECT FEES
ESTABLISHED BY SLED FOR CONDUCTING BACKGROUND CHECKS FOR FIREARM SALES,
DELIVERIES, OR TRANSFERS.
03/31/98 House Introduced and read first time HJ-35
03/31/98 House Referred to Committee on Judiciary HJ-36
04/01/98 House Member(s) added as co-sponsor(s): Rep(s) Askins HJ-22
04/07/98 House Member(s) added as co-sponsor(s): Rep(s) Jennings
HJ-397
04/14/98 House Member(s) request name removed as sponsor: Gamble HJ-29
04/15/98 House Member(s) request name removed as sponsor:
Barrett HJ-14, Vaughn HJ-14
04/16/98 House Member(s) request name removed as sponsor: Leach
HJ-8, Haskins HJ-8, Hamilton HJ-8, Loftis HJ-8
04/21/98 House Member(s) request name removed as sponsor:
Easterday HJ-44, Beck HJ-44, Hawkins HJ-44,
Fleming HJ-44
04/23/98 House Member(s) request name removed as sponsor: Bauer
HJ-13, Davenport HJ-13, Barfield HJ-13,
Witherspoon HJ-13
04/29/98 House Member(s) request name removed as sponsor: McGee HJ-13
05/14/98 House Member(s) request name removed as sponsor: Edge HJ-15
05/19/98 House Member(s) request name removed as sponsor:
Neilson HJ-10
05/28/98 House Member(s) request name removed as sponsor: Battle HJ-10
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 23-31-115 SO AS TO PROVIDE
THAT THE CHIEF LAW ENFORCEMENT OFFICER OR
ANOTHER PERSON RESPONSIBLE FOR PROVIDING A
BACKGROUND CHECK OF A PERSON PURCHASING A
FIREARM IS NOT LIABLE FOR FAILURE TO PREVENT THE
SALE OR TRANSFER OF A FIREARM TO A PERSON WHO
MAY NOT LEGALLY POSSESS A FIREARM OR FOR
PREVENTING THE SALE OR TRANSFER OF A FIREARM TO
A PERSON WHO MAY LAWFULLY RECEIVE OR POSSESS A
FIREARM; BY ADDING SECTION 23-31-117 SO AS TO
PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION
(SLED) IS AUTHORIZED TO PROMULGATE REGULATIONS
TO IMPLEMENT THE PROVISIONS CONCERNING THE SALE
AND PURCHASE OF CERTAIN FIREARMS; TO AMEND
SECTION 16-8-10, RELATING TO DEFINITIONS OF OFFENSES
THAT PROMOTE CIVIL DISORDER, SO AS TO REVISE THE
DEFINITION OF "FIREARM"; TO AMEND SECTION
16-23-30, RELATING TO THE UNLAWFUL SALE OR
DELIVERY OF A PISTOL TO AND POSSESSION BY CERTAIN
PERSONS, SO AS TO SUBSTITUTE "FIREARM"
FOR "PISTOL", TO DELETE THE PROVISIONS
THAT SPECIFY WHO MAY NOT PURCHASE, ACCEPT,
LEASE, RENT, BARTER, EXCHANGE, OR RECEIVE A PISTOL,
AND TO PROVIDE WHO MAY NOT PURCHASE, ACCEPT,
LEASE, RENT, BARTER, EXCHANGE, OR RECEIVE A
FIREARM; TO AMEND SECTION 23-31-110, RELATING TO
DEFINITIONS REGARDING THE REGULATION OF PISTOLS,
SO AS TO SUBSTITUTE "HANDGUN" FOR
"PISTOL", AND TO PROVIDE DEFINITIONS FOR
"SHOTGUN", "RIFLE", "BUSINESS
DAYS", "CHIEF LAW ENFORCEMENT
OFFICER", "DIN", AND "STATE
TRANSACTION FORM", TO DELETE THE DEFINITION
OF THE TERM "CRIME OF VIOLENCE", AND TO
REVISE THE DEFINITIONS OF CERTAIN OTHER TERMS; TO
AMEND SECTION 23-31-130, RELATING TO THE LICENSING
OF RETAIL PISTOL DEALERS, SO AS TO SUBSTITUTE
"FIREARM" FOR "PISTOL" AND TO
PROVIDE THAT A RETAIL FIREARMS DEALER MUST
POSSESS A FIREARMS DEALER LICENSE; TO AMEND
SECTION 23-31-140, AS AMENDED, RELATING TO THE
APPLICATION TO BE COMPLETED BEFORE PURCHASING A
PISTOL AND RESTRICTIONS ON PURCHASING A PISTOL, SO
AS TO REVISE THIS PROVISION BY SUBSTITUTING
"PISTOL" FOR "HANDGUN", AND
PROVIDE A PROCEDURE FOR A PERSON TO APPLY FOR
PERMISSION TO PURCHASE A FIREARM AND PROVIDE
RESTRICTIONS ON THE PURCHASE OF CERTAIN
FIREARMS; TO AMEND SECTION 23-31-150, RELATING TO
THE ISSUANCE, DURATION, AND FORFEITURE OF A
RETAIL LICENSE TO SELL PISTOLS, SO AS TO SUBSTITUTE
"FIREARM" FOR "PISTOL" AND TO
PROVIDE FOR THE ISSUANCE, DURATION, AND
FORFEITURE OF A FIREARMS DEALER LICENSE; AND TO
AMEND SECTION 40-39-40, AS AMENDED, RELATING TO
FEES, COSTS, OR ASSESSMENTS A PAWN BROKER MAY
NOT CHARGE, SO AS TO PROVIDE THAT A PAWNBROKER
SHALL COLLECT FEES ESTABLISHED BY SLED FOR
CONDUCTING BACKGROUND CHECKS FOR FIREARM
SALES, DELIVERIES, OR TRANSFERS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 23-31-115. A chief law enforcement officer or
another person responsible for providing information concerning
background checks conducted pursuant to this article is not liable in
an action at law for damages for failure to prevent the sale or transfer
of a firearm to a person whose receipt or possession of the firearm is
unlawful under this article, or for preventing the sale or transfer to a
person who may lawfully receive or possess a firearm."
SECTION 2. The 1976 Code is amended by adding:
"Section 23-31-117. SLED shall promulgate regulations to
carry out provisions of this article."
SECTION 3. Section 16-8-10(2) of the 1976 Code, as added by
Act 42 of 1989, is amended to read:
"(2) 'Firearm' means a weapon which is designed to or
readily may be converted to expel a projectile by the action of an
explosive, or the frame or receiver of that weapon handgun
as defined in Section 23-31-110, a shotgun, rifle, starter gun, the
frame or receiver of an object contained in this item, a firearm
muffler or firearm silencer."
SECTION 4. Section 16-23-30 of the 1976 Code is amended to
read:
"Section 16-23-30. (A) It shall be
is unlawful for any a person to
knowingly to sell, offer to sell, deliver, lease, rent, barter,
exchange, or transport for sale into this State any
a pistol firearm to a person who:
(a) Any person who has been convicted of a crime of violence
in any court of the United States, the several states, commonwealths,
territories, possessions or the District of Columbia or who is a
fugitive from justice or a habitual drunkard or a drug addict or who
has been adjudicated mentally incompetent.
(b) Any person who is a member of a subversive
organization.
(c) Any person under the age of twenty-one, but this shall not
apply to the issue of pistols to members of Armed Forces of the
United States, active or reserve, National Guard, State Militia or R.
O. T. C., when on duty or training or the temporary loan of pistols for
instructions under the immediate supervision of a parent or adult
instructor.
(d) Any person who by order of a circuit judge or county
court judge of this State has been adjudged unfit to carry or possess
a pistol, such adjudication to be made upon application by any police
officer, or by any prosecuting officer of this State, or sua sponte, by
the court, but any person who shall be the subject of such an
application shall be entitled to reasonable notice and a proper hearing
prior to any such adjudication.
(1) has been convicted in a court of the United States, the
several states, commonwealths, territories, possessions, or the District
of Columbia of a crime subject to a penalty of more than two years;
(2) is a fugitive from justice;
(3) is a habitual drunkard or drug addict;
(4) has been adjudicated mentally incapacitated or been
committed to an institution;
(5) is a member of a subversive organization;
(6) is under the age of twenty-one except members of the
United States Armed Forces, active or reserve, National Guard, State
Militia, or R.O.T.C., when on duty or while training, or a person
under the immediate supervision of a parent or an adult instructor.
However, a person eighteen years of age or older may purchase or
possess a shotgun or rifle;
(7) has been adjudged by order of the circuit court unfit to carry
or possess a firearm;
(8) is an alien illegally in the United States;
(9) has been discharged from military service under other than
honorable conditions;
(10) has renounced his United States citizenship;
(11) is currently the respondent to an Order for Protection from
Domestic Abuse contained in Chapter 4, Title 20 or Chapter 25, Title
16;
(12) has been convicted of a misdemeanor crime of criminal
domestic violence, whether or not explicitly called a crime of
domestic violence, whose factual basis is the use or attempted use of
physical force or threatened use of physical force by the victim's
current or former domestic partner, parent or guardian, unless the
conviction has been expunged;
(13) currently is under indictment for having committed an
offense in this State or another state;
Upon proper completion of the state transaction form, the dealer
shall submit, within five days, the original form to the division, retain
a copy for his records, and give a copy to the applicant upon his
purchase of a firearm. The form submitted to SLED must be
completed properly by the purchaser and the dealer. The dealer must
maintain his copy of each form for at least three years and make them
available for inspection by SLED.
(e)(B) It shall be is unlawful
for any a person covered described
in (a), (b), (c) or (d) of this section subsection (A) to
possess or acquire a pistols firearm within
this State.
(f)(C) No A person shall
not knowingly buy, sell, transport, pawn, receive,
or possess any a stolen pistol firearm
or one from which the original serial number has been removed or
obliterated."
SECTION 5. Section 23-31-110 of the 1976 Code is amended to
read:
"Section 23-31-110. When used in this article:
(1) 'Firearm' means a handgun, shotgun, rifle, starter
gun, the frame or receiver of an object contained in this item, or a
firearm muffler or silencer.
(a)(2) 'Pistol' 'Handgun' means
any a firearm with a short stock, designed
to expel a projectile by means of an explosive and designed
to be fired from the by the use of a single hand, but
shall does not include any a firearm
generally recognized or classified as an antique, curiosity, or
collector's item, or any one that does not fire
fixed cartridges.
(3) 'Shotgun' means a firearm designed to be fired from the
shoulder and which is designed to expel projectiles by means of an
explosive shotgun shell.
(4) 'Rifle' means a firearm intended to be fired from the shoulder
and which is designed to expel projectiles through a rifle bore by
means of an explosive fixed metallic cartridge.
(b)(5) The term 'Dealer' means any
a person engaged in the business of selling firearms at retail
or any a person who is a pawnbroker.
(c) The term 'crime of violence' means murder, manslaughter
(except negligent manslaughter arising out of traffic accidents), rape,
mayhem, kidnaping, burglary, robbery, housebreaking, assault with
intent to kill, commit rape, or rob, assault with a dangerous weapon,
or assault with intent to commit any offense punishable by
imprisonment for more than one year.
(d)(6) The term 'Fugitive from justice'
means any a person who has fled from or is fleeing
from any a law enforcement officer to avoid
prosecution or imprisonment for a crime of violence.
(e)(7) The term 'Subversive organization'
means any a group, committee, club, league, society,
association, or combination of individuals, the
purpose of which, or one of the purposes of which, is the
establishment, control, conduct, seizure, or overthrow of the
government of the United States or any state or political subdivision
thereof, by the use or attempted use of force,
violence, espionage, sabotage, or threats or attempts of any of the
foregoing.
(f)(8) The term 'Conviction' as used
herein shall include includes pleas of guilty, pleas of
nolo contendere, and forfeiture of bail.
(g)(9) The term 'Division' shall
mean means the State Law Enforcement Division.
(h)(10) The terms 'Purchase' or 'sell'
mean means to knowingly to buy,
offer to buy, receive, lease, rent, barter, exchange, transfer,
pawn, or accept in pawn, except the redemption of a
firearm by the person who pledged it.
(i)(11) The term 'Person' shall
mean means any individual, corporation, company,
association, firm, partnership, society, or joint stock
company.
(12) 'Chief law enforcement officer' means the chief of the
State Law Enforcement Division.
(13) 'Dealer identification number' or 'DIN' means a unique number
issued to a dealer licensed in the State to sell firearms.
(14) 'State transaction form' means a form required by Section
23-31-140 to record certain additional personal information
concerning a firearms purchaser."
SECTION 6. Section 23-31-130 of the 1976 Code is amended to
read:
"Section 23-31-130. No A retail dealer shall
not sell or otherwise transfer, or expose for
sale or transfer, or have in his possession with intent to
sell, or otherwise transfer, any
a pistol firearm, without being
licensed having a firearms dealer license as
hereinafter provided in this chapter."
SECTION 7. Section 23-31-140 of the 1976 Code, as last amended
by Act 459 of 1996, is further amended to read:
"Section 23-31-140. (A) Before the purchase of a pistol,
the purchaser shall complete an application in triplicate in the
presence of the dealer. The application to be furnished by the division
must contain the applicant's (1) name; (2) residence and business
address; (3) date and place of birth; (4) social security number; (5)
South Carolina driver's license number or Department of Public
Safety identification card number or, in the case of an applicant on
active duty in the United States military, the number from the
applicant's current United States military identification card;
Before purchasing a firearm, the purchaser shall complete, in the
presence of the dealer, the transaction form required by Title 18 of
the United States Code. In addition, the purchaser must record, on a
state transaction form furnished by SLED, his name, social security
number, South Carolina driver's license number, Department of
Public Safety identification card number, or a United States military
identification card number. The purchaser and dealer must sign the
state transaction form which constitutes a signed statement by the
purchaser that he is not disqualified by provisions contained in
Section 16-23-30 concerning the purchase or possession of a firearm.
(B) No A person is not allowed to
purchase a pistol from a dealer unless he has fully completed the
application firearm unless he has fully complied with the
requirements contained in this section.
(C) No A person is not allowed to
purchase more than one pistol handgun on each
application and no person is allowed to purchase more than one
pistol during each thirty-day period.
(D) The provisions of subsection (C) do not apply to:
(1) a law enforcement agency, provided that the
conditions of subsection (E) are met,
(2) an agency duly authorized to perform law enforcement
duties,
(3) county and municipal penal facilities and the State
Department of Corrections,
(4) a private security company licensed to do business within
this State, or
(5) a person whose pistol handgun is stolen or
irretrievably lost and who feels that it is essential that he immediately
purchase a pistol handgun may obtain a special
permit which will enable him to purchase a pistol
handgun upon his sworn affidavit to the chief of police, or
his designated agent, of the municipality in which the applicant
resides or if the applicant resides outside the corporate limits of a
municipality, to the sheriff, or his designated agent, of the county in
which the applicant resides. This affidavit must cite the facts and
reasons why the applicant cannot wait for a thirty-day period to
purchase a pistol handgun. This special permit must
contain such information as required by the division and must be on
a form furnished by the division. The issuing officer shall retain a
copy of the permit and forward a copy to the division. The
application must be signed by the dealer effecting the sale and must
contain such information as may be required by the division.
(E) A law enforcement agency or a private security company
licensed under the provisions of Title 40, Chapter 17, may purchase
more than one pistol handgun during a thirty-day
period as long as the following conditions are met:
(1) the pistols handguns purchased are for use
in this State;
(2) ownership of the pistols handguns is
retained by the law enforcement agency or licensed security
company;
(3) multiple purchases under this provision must be made on a
special application form to be provided by the division;
(4) the multiple purchase form is signed by the chief of the law
enforcement agency or the chief executive officer of the licensed
private security company, whose name appears on the company
license;
(5) the number of pistols handguns purchased
may not exceed the number of security guards registered under the
provisions of Title 40, Chapter 17, and employed in this State;
(6) a letter of authorization, in triplicate, signed by the agency
director, company representative, or their designees, certifying the
purchaser to be a representative of the agency or company with
delegated authority to purchase pistols handguns for
the agency or company. The letter of authorization must contain such
information as may be required by the division.
(F) No person may purchase a pistol handgun
from a dealer unless he is a resident of this State. For the purpose of
this article, the possession of a valid South Carolina driver's license
or Department of Public Safety identification card constitutes proof
of residency. However, residency is not required of a person who is
on active duty in the United States military and who is in possession
of a current United States military identification card.
(G) Upon proper completion of the application the dealer shall
submit the original application to the division, retain a copy for his
records, and give a copy to the applicant upon his purchase of a
pistol. The application to be submitted to the division must be
accompanied by a firearm transaction record properly completed by
the purchaser and the dealer.
For purposes of this section, the purchase of a pistol does not
include the redeeming of a pistol by its owner after it has been
pledged to secure a loan. (1) A dealer may not sell, deliver,
or transfer a handgun to a person who is not a resident of this State.
(2) A dealer may not sell, deliver, or transfer a firearm to a
person until the federal and state transaction forms required in
subsection (A) are completed and the dealer has requested and
received by telephone the results of a background check from the
division. To initiate a background check, the dealer shall supply the
purchaser's name, sex, race, date of birth, place of birth, and social
security number. The division shall provide its response to the dealer
inquiry without unnecessary delay.
(3) Upon request for a background check, the division shall:
(a) review its criminal history record information and other
files available to the division for this purpose including, but not
limited to, the Federal Bureau of Investigation National Instant Check
System and the national fugitive files to determine whether the
purchaser is prohibited from purchasing, possessing, or transporting
a firearm by state or federal law;
(b) inform the dealer of the results of the background check;
and
(c) provide the dealer with a reference number for the
inquiry.
(4) If the sale is approved, the transfer of the firearm must take
place within forty-eight hours of the issuance of the approval by the
division. If the transfer does not take place within forty-eight hours
of the approval, the dealer must notify the division that the 'approval'
shown in division records should be changed to a 'No Sale' and
request another background check.
(5) If the division obtains information indicating possible
ineligibility of the purchaser to purchase or possess a firearm, the
division shall notify the dealer that the sale is suspended until further
notice. The dealer then shall provide to the division information
concerning the purchaser that the division might request. The dealer
is prohibited from completing the transfer of the firearm for three
business days from the time of this notification. If the division has
not notified the dealer within the three business day period, the dealer
who has fulfilled all requirements of this article may complete the
sale and transfer the firearm.
(6) When a dealer sells or transfers a firearm as a result of
expiration of the three business day waiting period, the dealer, within
twenty-four hours, shall notify the division by telephone of the sale
or transfer.
(7) If equipment failure beyond the control of the division
prevents completion of the background check, the dealer must be
advised immediately of the reason for delay and given an estimate of
the length of the delay. If the background check was not in progress
at the time of the equipment failure, the dealer is required to initiate
a second inquiry at a later time. If the background check was in
progress at the time of the equipment failure, the division is
authorized to:
(a) notify the dealer that the transaction must be submitted at
a later time; or
(b) notify the dealer that the transaction is accepted and that
the sale or transfer is suspended, subject to the three business day
waiting period before approval or nonapproval. If the dealer is not
advised of the division's decision within the three business day
period, the dealer who has fulfilled all requirements of this article
may complete the sale and transfer the firearm and is not in violation
of this article.
(H) A person for whom a denial of approval to purchase or receive
a firearm is issued by the division may request, in writing from the
chief law enforcement officer, the reason for nonapproval. The chief
law enforcement officer must provide a written response within
twenty business days. If the request involves disputed criminal record
information, the person may review and correct criminal history
information retained by the division. To correct disputed criminal
record information, the person must submit a complete set of
fingerprints to the division to allow determination of positive
identification. The request must be received by the division within
thirty days of the denial.
(I) A dealer who wilfully and intentionally requests, obtains, or
seeks to obtain information from the division under false pretenses,
or who wilfully and intentionally disseminates or seeks to
disseminate information, except as authorized in this article, is
subject to penalties contained in Section 23-31-190.
(J) All dealers and pawnbrokers shall pay a fee established by the
division for each background check required by federal and state law.
However, if an individual exchanges a defective firearm with the
dealer from which the original firearm was purchased within seven
calendar days and the dealer notifies the division within this time
period, the dealer may not be assessed a fee for conducting the
background check on the individual. A dealer must be provided a
monthly statement by the division of the number of background
check requests initiated during the billing period. The dealer shall
remit payment for a background check to the division immediately.
Failure to promptly remit payment to the division results in the
suspension of access to the division for conducting background
checks for firearms purchases. The division may use the funds
generated pursuant to this section to offset the cost of conducting
background checks.
(K) A person who purchases a firearm with the intent to resell or
provide the firearm to a person who is ineligible to purchase or
receive a firearm from a dealer, or who transports the firearm out of
the State to resell or provide it to an ineligible person, is subject to
the penalties contained in Section 23-31-190."
SECTION 8. Section 23-31-150 of the 1976 Code is amended to
read:
"Section 23-31-150. (A) The division shall grant
a firearms dealer license to any a person
doing business in the State not ineligible who is
eligible to purchase, acquire, or possess a pistol
firearm or be licensed as a dealer under the provisions of
this article. Licenses shall must be issued on a
form furnished by the division and be are effective
for two years from the date of issuance. A person licensed by the
division must be assigned a dealer identification number for use when
requesting the division to conduct a background check for the
purchase of a firearm. Licensees shall be authorized to
may sell pistols firearms at retail as dealers
within this State subject to the following conditions, for breach of
any of which the license shall must be forfeited:
(a) (1) The license or a copy thereof
of it, authenticated by the issuing authority, shall at
all times and places of sale, must be available for inspection
or displayed where it can easily be read easily.
(b) (2) No pistol shall knowingly be
sold A person may not sell a firearm in violation of
any a provision of this article. nor shall
any pistol A firearm may not be sold without
clear evidence as to of the identity of the
purchaser being furnished to the dealer.
(c) (3) A true record shall
must be made of every pistol a firearm sold
on a firearm firearms transaction record form
required by federal law and the state transaction form required by
Section 23-31-140. The firearm state transaction
record form, which shall be furnished by the
division, shall must be signed by the
purchaser and by the dealer effecting making the
sale, each in the presence of the other, and shall
must contain such information as may be
required by the division. A separate firearm transaction form shall
be completed for each pistol sold, a copy of which must be submitted
to the Division as provided in Section 23-31-140. The dealer
shall retain the records for a period of three years from the date of
sale or transfer to which the records relate.
(d) (4) The fee for the issuance of such
the license shall be is one hundred dollars
and for renewal, one hundred dollars every two years. The
license fees shall must be retained, expended,
and carried forward by the division for purposes of defraying the
costs of administering the provisions of this article.
(e) (5) Each applicant for a license shall post
with the division a bond in favor of the State with surety in the
amount of ten thousand dollars. No A bond
shall may not be accepted for filing unless it is with
a surety company authorized to do business in this State and is
subject to the conditioned condition that the
principal named principal therein shall not
do any commit an act meriting suspension or
revocation of his license under provisions of this article. In
lieu of a bond, a cash deposit or a deposit of other securities
acceptable to the division of a value of ten thousand dollars shall be
accepted. Any A person aggrieved by
any an act of the principal named in such
the bond, may recover damages in an
action against the principal or surety therein, or both,
recover damages. The aggregate liability of the surety for all
breaches of the conditions of the bond shall, in no event,
may not exceed the amount of such the
bond. The surety on the bond shall have has the
right to cancel such the bond giving
upon thirty days' notice to the division and thereafter
shall be is relieved of liability for any a
breach of condition after the effective date of the cancellation.
(f) (B) In order To insure
ensure compliance with the provisions of this article, dealers
shall make available for inspection by the chief of the
division law enforcement officer or his agents
designee, during normal business hours, all pistols
firearms in their possession and all records they are required
to maintain by this article for the sale, transfer, or
delivery of firearms.
(g) (C) Each applicant for a license shall furnish
to the division a current federal firearms license and is required
to shall maintain that federal firearms license in
good standing as a condition of holding a retail
firearms dealer license issued under this section.
(h) (D) A breach of any of the above
conditions a condition contained in this section or
a violations violation of any
provisions a provision of this article by a dealer,
or the giving of false information by a licensee on an application for
purchase or transfer shall result results in forfeiture
of the license, but the licensee is entitled to reasonable notice
and proper hearing in the circuit court of the county in which he is
licensed."
SECTION 9. Section 40-39-40 of the 1976 Code, as last amended
by Act 491 of 1988, is further amended to read:
"Section 40-39-40. No A pawnbroker may
not charge or collect any fees, costs, or assessments
of any kind or nature other than those specifically allowed
under this chapter. However, a pawnbroker shall collect a fee
established by SLED for conducting a background check for firearm
sales, deliveries, or transfers pursuant to Section
23-31-140(G)."
SECTION 10. This act takes effect upon approval by the Governor.
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