H*2826 Session 106 (1985-1986)
H*2826(Rat #0623, Act #0532 of 1986) General Bill, By M.S. Gulledge
A Bill to amend Section 16-23-50, as amended, Code of Laws of South Carolina,
1976, relating to penalties for persons found guilty of violating the
provisions of Article 1 or Chapter 23 of Title 16 (offenses involving
pistols), so as to provide that confiscated pistols may be transferred to
another law enforcement agency for their lawful use, transfer them to the
clerk of court or mayor who shall dispose of them as provided by Section
16-23-500 or trade them with a retail dealer licensed to sell pistols in this
State for a pistol approved by the agency, delete the authority of the agency
to destroy the pistol, and authorize the State Law Enforcement Division, if it
seized the pistol, to use it in its forensic laboratory; to amend Section
16-23-250, relating to the exceptions to the provisions of Article 3 of
Chapter 23 of Title 16 concerning machine guns, sawed-off shotguns, and
rifles, so as to exempt dealers licensed under the provisions of the Federal
Gun Control Act from the provisions of this Article and exempt from the
provisions persons obtaining a special license; to amend Section 16-23-460,
relating to the penalty of anyone confiscating or carrying a deadly weapon, so
as to exempt from the provisions of this Section rifles or shotguns unless
they are used with the intent to commit a crime or in the furtherance of a
crime; to amend Section 16-23-500, relating to the requirement that the clerk
of court in each county and the mayor of each municipality shall keep a
written record of all weapons confiscated or forfeited, so as to authorize
these individuals to sell by sealed bid to a licensed dealer, or destroy the
weapon if it is a weapon described in Section 23-31-180; to amend Section
23-31-180, relating to the prohibition on selling or possessing a pistol or
handgun which has a die-cast frame or receiver which melts at a temperature of
less than eight hundred degrees fahrenheit, so as to provide that these
pistols or handguns must be forfeited to the municipality where seized or to
the county where seized if outside the corporate limits of a municipality
instead of requiring that they be destroyed by the State Law Enforcement
Division; to amend the 1976 Code by adding Sections 16-23-405 and 23-31-370 so
as to provide for the definition of "weapon" and provide that in addition to
any penalty the weapon used in furtherance of the crime must be confiscated,
and provide for the disposition of these weapons; to provide for a special
temporary license issued by the South Carolina Law Enforcement Division to
persons whose occupations require them to possess, transport, and sell machine
guns in this State, and to provide penalties for violations; to prohibit the
governing body of any county, municipality, or other political subdivision
from enacting or promulgating any regulation or ordinance which regulates the
transfer, ownership, possession, carrying, or transportation of firearms,
ammunition, components of firearms, or any combination of these things;
provide that this Act does not affect the authority of any county,
municipality, or political subdivision to regulate the careless or negligent
discharge or public bandishment of firearms nor does it prevent the regulation
during times of insurrection, invasions, riots, or natural disasters; and to
repeal Sections 16-23-40 and 16-23-510 relating to the confiscation and
destruction of pistols and the provisions requiring county police to destroy
forfeited weapons if the population of that county is between thirty thousand
and six hundred and thirty-two thousand.-amended title
04/12/85 House Introduced and read first time HJ-3421
04/12/85 House Referred to Committee on Judiciary HJ-3421
02/12/86 House Committee report: Favorable Judiciary HJ-626
02/19/86 House Read second time HJ-854
02/20/86 House Read third time and sent to Senate HJ-888
02/26/86 Senate Introduced and read first time SJ-750
02/26/86 Senate Referred to Committee on Judiciary SJ-750
03/20/86 Senate Committee report: Favorable with amendment
Judiciary SJ-1132
04/01/86 Senate Read second time SJ-1370
04/01/86 Senate Ordered to third reading with notice of
amendments SJ-1370
06/02/86 Senate Amended SJ-3451
06/02/86 Senate Read third time SJ-3451
06/02/86 Senate Returned SJ-3451
06/03/86 House Concurred in Senate amendment and enrolled HJ-3597
06/03/86 House Reconsider vote whereby concurred & enrolled HJ-3599
06/03/86 House Non-concurrence in Senate amendment HJ-3599
06/03/86 Senate Senate insists upon amendment and conference
committee appointed Sens. Courson, Powell, and
Drummond SJ-3511
06/04/86 House Conference committee appointed W.S. Anderson,
Hearn & Toal HJ-3626
06/04/86 House Free conference powers granted HJ-3699
06/04/86 House Free conference committee appointed W.S Anderson,
Hearn & Toal HJ-3701
06/04/86 Senate Free conference powers granted SJ-3576
06/04/86 Senate Free conference committee appointed Courson,
Powell, and Drummond SJ-3576
06/05/86 House Free conference report received HJ-3768
06/05/86 House Free conference report adopted HJ-3772
06/05/86 Senate Free conference report received SJ-3681
06/05/86 Senate Free conference report adopted SJ-3685
06/05/86 House Ordered enrolled for ratification HJ-3806
06/05/86 Ratified R 623
06/18/86 Signed By Governor
06/26/86 Effective date 06/18/86
06/26/86 Act No. 532
06/26/86 Sections 8A and 8B effective Aug. 1, 1986
06/26/86 Copies available
(A532, R623, H2826)
AN ACT TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE PENALTIES FOR PERSONS FOUND GUILTY OF VIOLATING THE
PROVISIONS OF ARTICLE 1 OR CHAPTER 23 OF TITLE 16 (OFFENSES INVOLVING PISTOLS),
SO AS TO PROVIDE THAT CONFISCATED PISTOLS MAY BE TRANSFERRED TO ANOTHER LAW
ENFORCEMENT AGENCY FOR THEIR LAWFUL USE, TRANSFER THEM TO THE CLERK OF COURT OR
MAYOR WHO SHALL DISPOSE OF THEM AS PROVIDED BY SECTION 16-23-500 OR TRADE THEM
WITH A RETAIL DEALER LICENSED TO SELL PISTOLS IN THIS STATE FOR A PISTOL APPROVED
BY THE AGENCY, DELETE THE AUTHORITY OF THE AGENCY TO DESTROY THE PISTOL, AND
AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION, IF IT SEIZED THE PISTOL, TO USE IT
IN ITS FORENSIC LABORATORY; TO AMEND SECTION 16-23-250, RELATING TO THE
EXCEPTIONS TO THE PROVISIONS OF ARTICLE 3 OF CHAPTER 23 OF TITLE 16 CONCERNING
MACHINE GUNS, SAWED-OFF SHOTGUNS, AND RIFLES, SO AS TO EXEMPT DEALERS LICENSED
UNDER THE PROVISIONS OF THE FEDERAL GUN CONTROL ACT FROM THE PROVISIONS OF THIS
ARTICLE
AND EXEMPT FROM THE PROVISIONS PERSONS OBTAINING A SPECIAL LICENSE; TO AMEND
SECTION 16-23-460, RELATING TO THE PENALTY OF ANYONE CONFISCATING OR CARRYING A
DEADLY WEAPON, SO AS TO EXEMPT FROM THE PROVISIONS OF THIS SECTION RIFLES OR
SHOTGUNS UNLESS THEY ARE USED WITH THE INTENT TO COMMIT A CRIME OR IN THE
FURTHERANCE OF A CRIME; TO AMEND SECTION 16-23-500, RELATING TO THE REQUIREMENT
THAT THE CLERK OF COURT IN EACH COUNTY AND THE MAYOR OF EACH MUNICIPALITY SHALL
KEEP A WRITTEN RECORD OF ALL WEAPONS CONFISCATED OR FORFEITED, SO AS TO AUTHORIZE
THESE INDIVIDUALS TO SELL BY SEALED BID TO A LICENSED DEALER, OR DESTROY THE
WEAPON IF IT IS A WEAPON DESCRIBED IN SECTION 23-31-180; TO AMEND SECTION
23-31-180, RELATING TO THE PROHIBITION ON SELLING OR POSSESSING A PISTOL OR
HANDGUN WHICH HAS A DIE-CAST FRAME OR RECEIVER WHICH MELTS AT A TEMPERATURE OF
LESS THAN EIGHT HUNDRED DEGREES FAHRENHEIT, SO AS TO PROVIDE THAT THESE PISTOLS
OR HANDGUNS MUST BE FORFEITED TO THE MUNICIPALITY WHERE SEIZED OR TO THE COUNTY
WHERE SEIZED IF OUTSIDE THE CORPORATE LIMITS OF A MUNICIPALITY INSTEAD OF
REQUIRING THAT THEY BE DESTROYED BY THE STATE LAW ENFORCEMENT DIVISION; TO AMEND
THE 1976 CODE BY ADDING SECTIONS 16-23-405 AND 23-31-370 SO AS TO PROVIDE FOR THE
DEFINITION OF "WEAPON" AND PROVIDE THAT IN ADDITION TO ANY PENALTY THE
WEAPON USED IN FURTHERANCE OF THE CRIME MUST BE CONFISCATED, AND PROVIDE FOR THE
DISPOSITION OF THESE WEAPONS; TO PROVIDE FOR A SPECIAL TEMPORARY LICENSE ISSUED
BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO PERSONS WHOSE OCCUPATIONS
REQUIRE THEM TO POSSESS, TRANSPORT, AND SELL MACHINE GUNS IN THIS STATE, AND TO
PROVIDE PENALTIES FOR VIOLATIONS; TO PROHIBIT THE GOVERNING BODY OF ANY COUNTY,
MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ENACTING OR PROMULGATING ANY
REGULATION OR ORDINANCE WHICH REGULATES THE TRANSFER, OWNERSHIP, POSSESSION,
CARRYING, OR TRANSPORTATION OF FIREARMS, AMMUNITION, COMPONENTS OF FIREARMS, OR
ANY COMBINATION OF THESE THINGS; PROVIDE THAT THIS ACT DOES NOT AFFECT THE
AUTHORITY OF ANY COUNTY, MUNICIPALITY, OR POLITICAL SUBDIVISION TO REGULATE THE
CARELESS OR NEGLIGENT DISCHARGE OR PUBLIC BRANDISHMENT OF FIREARMS NOR DOES IT
PREVENT THE REGULATION DURING TIMES OF INSURRECTION, INVASIONS, RIOTS, OR NATURAL
DISASTERS; AND TO REPEAL SECTIONS 16-23-40 AND 16-23-510 RELATING TO THE
CONFISCATION AND DESTRUCTION OF PISTOLS AND THE PROVISIONS REQUIRING COUNTY
POLICE TO DESTROY FORFEITED WEAPONS IF THE POPULATION OF THAT COUNTY IS BETWEEN
THIRTY THOUSAND SIX HUNDRED AND THIRTY-TWO THOUSAND.
Be it enacted by the General Assembly of the State of South Carolina:
Provisions do not apply
SECTION 1. The second paragraph of Section 16-23-250 of the 1976 Code is amended
to read:
"The provisions of this article do not apply to any manufacturer or dealer
of machine guns licensed pursuant to the provisions of 18 U. S. C. Section 921
et seq., nor to any common or contract carrier transporting or shipping any
machine gun to or from the licensed manufacturer or dealer if the transportation
or shipment is not prohibited by federal law."
Prohibition in enacting ordinance
SECTION 2. No governing body of any county, municipality, or other political
subdivison in this State may enact or promulgate any regulation or ordinance
which regulates or attempts to regulate the transfer, ownership, possession,
carrying, or transportation of firearms, ammunition, components of firearms, or
any combination of these things.
Act does not affect certain authority to counties and municipalities
SECTION 3. This act does not affect the authority of any county, municipality,
or political subdivision to regulate the careless or negligent discharge or
public brandishment of firearms, nor does it prevent the regulation of the use,
sale, transportation, or public brandishment of firearms during the times of or
a demonstrated potential for insurrection,
invasions, riots, or natural disasters.
Penalty
SECTION 4. Section 16-23-50 of the 1976 Code, as last amended by an Act of 1986
bearing ratification number 394, is further amended to read:
"Section 16-23-50. Any person including a dealer violating any of the
provisions of this article is guilty of a felony and upon conviction must be
fined not more than two thousand dollars or be imprisoned for not more than two
years, or both. Any person violating the provisions of Section 16-23-20 is guilty
of a misdemeanor and upon conviction must be fined not more than one thousand
dollars or be imprisoned for not more than one year, or both.
When a violation occurs within a municipality the fines collected must be
delivered to the municipality by the clerk of court. If the violation occurs
outside a municipality, the fines must be delivered to the county treasurer.
Any person convicted of violating the provisions of this article , in addition
to the penalty provided herein, shall have the pistol involved in the violation
confiscated. The pistol must be delivered to the chief of police of the
municipality or to the sheriff of the county, if the violation occurred outside
the corporate limits of a municipality. The law enforcement agencies that receive
the confiscated pistols may use them within their department, transfer them to
another law enforcement agency for their lawful use, transfer them to the clerk
of court or mayor who shall dispose of them as provided by Section 16-23-500 or
trade them with a retail dealer licensed to sell pistols in this State for a
pistol approved by the agency. If the State Law Enforcement Division seized the
pistol, it may keep it for use by its forensic laboratory. Records must be kept
of all confiscated pistols received by the law enforcement agencies under the
provisions of this article ."
Definition - penalty
SECTION 5. The 1976 Code is amended by adding:
"Section 16-23-405. (1) Except for the provisions relating to rifles and
shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm
(rifle, shotgun, pistol, or similar device that propels a projectile through the
energy of an explosive), a knife with a blade over two inches long, a blackjack,
a metal pipe or pole, or any other type of device or object which may be used to
inflict bodily injury or death.
(2) Any person convicted of a crime, in addition to any penalty shall have any
weapon used in the commission or in furtherance of the crime confiscated. Each
such weapon must be delivered to the chief of police of the municipality or to
the sheriff of the county, if the violation occurred outside the corporate limits
of a municipality. The law enforcement agencies that received the confiscated
weapons shall use them within their departments, transfer them to another law
enforcement agency for their lawful use, or transfer them to the clerk of court
or mayor who shall dispose of them as provided by Section 16-23-500. Firearms
seized by the State Law Enforcement Division may be kept by the division for use
by its forensic laboratory."
Carrying concealed weapon
SECTION 6. Section 16-23-460 of the 1976 Code is amended to read:
"Section 16-23-460. Any person carrying a dirk, slingshot, metal
knuckles, razor, or other deadly weapon usually used for the infliction of
personal injury concealed about his person is guilty of a misdemeanor, shall
forfeit to the county or, if convicted in a municipal court, to the municipality
the weapon so carried concealed and be fined in the sum of not more than five
hundred dollars and not less than two hundred dollars or imprisoned not more than
ninety days nor less than thirty days. Nothing herein contained may be construed
to apply to persons carrying concealed weapons upon their own premises or to
peace officers in the actual discharge of their duties. The provisions of this
section do not apply to rifles or shotguns unless they are used with the intent
to commit a crime or in furtherance of a crime."
Dispositions of confiscated weapons
SECTION 7. Section 16-23-500 of the 1976 Code is amended to read:
"Section 16-23-500. The clerk of court in each county and the mayor of
each town and city or his designee shall keep a written record of all weapons,
as defined by Section 16-23-405, confiscated or forfeited to the custody of the
clerk of court, mayor, or other municipal official. The record shall include the
make, caliber, and serial number of the weapon and a notation of the legal
proceeding which resulted in the confiscation or forfeiture.
At the end of each quarter the clerk of court and the mayor or his designee
shall sell at public sale or by sealed bids to a dealer licensed under the
provisions of Article 3 of Chapter 31 of Title 23 who is the highest bidder,
after one public notice published in a newspaper of general circulation in the
appropriate municipality or county, all confiscated or forfeited weapons then
held by the clerk of court or the mayor. Weapons may not be sold until the
results of the legal proceeding in which they are involved have been finally
determined.
When the highest price offered for any weapon is less than twenty-five dollars
or if it is a weapon described in Section 23-31-180 or any other weapon
possession of which is unlawful, a weapon may not be sold but must be destroyed
by the official conducting the sale. Any other bid may also be rejected by the
person conducting the sale if he determines the bid to be inadequate.
All public sales provided for in this section are subject to the provisions of
Section 16-23-30. Proceeds of sales by clerks of court must be deposited in the
general fund of the county and proceeds of sales by city or town officials must
be deposited in the city or town treasury."
Saturday Night Special prohibited
SECTION 8. Section 23-31-180 of the 1976 Code is amended to read:
"Section 23-31-180. No licensed retail dealer shall possess in his place
of business or sell any pistol or other handgun which has a die-cast frame or
receiver which melts at a temperature of less than eight hundred degrees
Fahrenheit.
Any pistol or other handgun possessed or sold in violation of this article is
declared to be contraband and must be forfeited to the municipality where seized
or to the county where seized if outside a municipality. The weapon must be
disposed of as provided by Section 16-23-500."
Provisions do not apply
SECTION 8A. Section 16-23-250 of the 1976 Code is amended to read:
"Section 16-23-250. The provisions of this article do not apply to the
Army, Navy, or Air Force of the United States, the National Guard and
organizations authorized by law to purchase or receive machine guns, or sawed-off
shotguns or sawed-off rifles, from the United States or from this State and the
members of these organizations. Any peace officer of the State or of any county
or other political subdivision thereof, state constable, member of the highway
patrol, railway policeman or warden, superintendent, head keeper or deputy of any
state prison, penitentiary, workhouse, county jail, city jail, or other
institution for the detention of persons convicted or accused of crime or held
as witnesses in criminal cases or person on duty in the postal service of the
United States or any common carrier while transporting direct to any police
department, military, or naval organization or person authorized by law to
possess or use a machine gun, or sawed-off shotgun or sawed-off rifle, may
possess machine guns, or sawed-off shotguns or sawed-off rifles, when required
in the performance of their duties. Nor shall the provisions hereof be construed
to apply to machine guns, or sawed-off shotguns or sawed-off rifles kept for
display as relics and which are rendered harmless and not usable.
The provisions of this article do not apply to any manufacturer of machine guns
licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., nor to
any common or contract carrier transporting or shipping any machine gun to or
from the manufacturer if the transportation or shipment is not prohibited by
federal law, nor to persons licensed pursuant to Section 23-31-370."
SLED may issue special license
SECTION 8B. Article 5, Chapter 31, of Title 23 of the 1976 Code is amended by
adding:
"Section 23-31-370(a) The South Carolina Law Enforcement Division may
issue a special limited license for the possession, transportation, and sale of
machine guns in this State to persons:
(1) who are authorized representatives of a machine gun manufacturer or
dealer engaged in demonstrating and selling them to agencies authorized by law
to possess them, or
(2) who are engaged in professional movie-making or providing services to
professional movie-makers who use machine guns as regulated by this article in
the course of creating movie 'special effects'.
(b) Applications for the special license authorized by this section must be
on a form prescribed by the Division, duly sworn to, containing the applicant's
name, business and residence address, a record of any criminal charges filed
against the applicant in the United States for other than traffic law violations
and the disposition of the charges, a description of the machine guns to be
possessed, transported, or sold in this State, including their make and serial
numbers, the sites within the State to which the machine guns will be
transported, and such other information the Division considers necessary to
implement this section.
(c) The Division may issue a special license pursuant to this section if it
determines that the applicant has not been convicted of any offense other than
traffic violations and the applicant clearly qualifies under items (1) or (2) of
subsection (a). The special license is valid for a specified period not to
exceed six months which must be stated on the license.
(d) Any person who knowingly and wilfully makes any false statement for the
purpose of obtaining the special license or who violates its terms, in addition
to any other penalty provided by law, is guilty of a misdemeanor and upon
conviction must be fined not more than five thousand dollars or imprisoned for
not more than two years, or both."
Repealed
SECTION 9. Sections 16-23-40 and 16-23-510 of the 1976 Code are repealed.
Time effective
SECTION 10. This act shall take effect upon approval by the Governor, except
that the provisions of Sections 8A and 8B shall take effect on the first day of
the second month following approval by the Governor. |