H 3010 Session 125 (2023-2024) H 3010 General Bill, By Cobb-Hunter and Henegan A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE A bill TO AMEND THE south carolina CODE OF LAWS BY ADDING Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Chapter 31, Title 23 of the S.C. Code is amended by adding: Firearms Criminal Background Checks Section 23-31-70. For purposes of this (1) "Antique firearm" means: (a) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; and (b) a replica of a firearm described in subitem (a) if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire-fixed ammunition; or (ii) uses rimfire or conventional centerfire-fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. (2) "Firearm" means a weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon; a firearm muffler or firearm silencer; or a destructive device; but the term does not include an antique firearm. In the case of a licensed collector, the term means only curios and relics. (3) "Firearm frame or receiver" means that part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel. (4) "Firearm muffler or firearm silencer" means a device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication. Section 23-31-80. (A) In addition to any other requirements pursuant to state and federal law, all sales, exchanges, or transfers of firearms must be conducted in accordance with the provisions of this (B) Before any sale, exchange, or transfer pursuant to the provisions of this (C) All dealers shall maintain a record of transactions conducted pursuant to this Section 23-31-90. (A) A national instant criminal background check must be conducted and a person may not sell, exchange, or transfer a firearm at a gun show in this State except in accordance with the provisions of 18 U.S.C. 922 and the provisions of this section. (B) A person may not offer or agree to sell, exchange, or transfer a firearm to another person at a gun show in this State and transfer or deliver a firearm to another person, or person acting on his behalf, at a location other than the gun show for the purpose of evading or avoiding compliance with 18 U.S.C. 922. (C)(1) Before a gun show vendor sells, exchanges, or transfers a firearm at a gun show in this State, he shall: (a) require that a national instant background check be conducted of the person; and (b) obtain approval of a transfer from SLED after a national instant background check has been requested by a licensed gun dealer. (2) A gun show promoter shall arrange for the services of one or more licensed gun dealers on the premises of the gun show to obtain the background checks required by this section. (3) If any part of a firearm transaction takes place at a gun show, no firearm may be sold, exchanged, or transferred unless a national instant background check has been obtained by a licensed gun dealer. Section 23-31-100. (A) A dealer may require that any sale, exchange, or transfer conducted pursuant to this (B) A record produced pursuant to this (C) A person who knowingly violates the provisions of this SECTION 2. 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 3. 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 4. This act takes effect upon approval by the Governor. ----XX---- |