Printed Page 4540, May 29
| Printed Page 4560, May 29
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Printed Page 4540, May 29
| Printed Page 4560, May 29
|
Section 23-31-205. This article may be cited as the `Law Abiding Citizens Self-Defense Act of 1995'.
Section 23-31-210. As used in this article:
(1) `Resident' means an individual who is a resident of South Carolina for at least one hundred eighty days preceding the date on which an application to carry a weapon is submitted under this section, or military personnel on permanent change of station orders.
(2) `Picture identification' means:
(a) a valid South Carolina driver's license; or
(b) an official photographic identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State.
(3) `Proof of residence' means a person's current address on the original or certified copy of:
(a) a valid South Carolina driver's license;
(b) an official identification card issued by the Department of Revenue and Taxation, a federal or state law enforcement agency, an agency of the United States Department of Defense, or United States Department of State;
(c) a voter registration card; or
(d) another document that SLED may determine that fulfills this requirement.
(4) `Proof of training' means an original document or certified copy of the document supplied by an applicant that certifies that he is either:
(a) a person who, within three years before filing an application, has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety;
(b) an instructor certified by the National Rifle Association or another competent national organization that promotes the safe use of handguns;
(c) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns;
(d) an active duty police handgun instructor;
(e) a person who has a competitive shooting classification; or
(f) a member of the active or reserve military, or a member of the National Guard.
Section 23-31-215. (A) Notwithstanding another provision of law, a permit to carry a concealable weapon must be issued by SLED to a resident 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) three current one inch by one inch full face color photographs of the person;
(3) proof of residence;
(4) proof of training;
(5) payment of a fifty dollar application fee. This fee must be waived for disabled veterans; and
(6) complete set of fingerprints. Law enforcement shall assist the individual at no cost.
(B) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within thirty days from the date the application was received, otherwise SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-215(A)(4), SLED shall offer the applicant a handgun training course that satisfies this requirement. The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs.
(C) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1 upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.
(D) SLED shall make permit applications available to the public. A permit application form shall require an applicant to supply:
(1) name, including maiden name if applicable;
(2) date and place of birth;
(3) sex;
(4) race;
(5) height;
(7) eye and hair color;
(8) current residence address; and
(9) all residence addresses for the three years preceding the application date.
(E) The permit application form shall require the applicant to certify that:
(1) he is not a person prohibited under state law from possessing a weapon;
(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon; and
(3) all information contained in his application is true and correct to the best of his knowledge.
(F) Medical personnel, law enforcement agencies and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit.
(G) A permit application must be submitted in person or by mail to SLED headquarters which shall verify the legibility and accuracy of the required documents.
(H) SLED shall maintain a list of all permit holders and the current status of each permit. The list of permit holders must be treated by SLED and by all law enforcement agencies which receive a copy of a portion of it as confidential and exempt from release pursuant to the Freedom of Information Act request or other action seeking to compel release in order to protect the legitimate privacy rights of permit holders. However, SLED must release the name of a permit holder upon receiving a request.
(I) A permit is valid statewide unless revoked because the person has:
(1) become a person prohibited under state law from possessing a weapon;
(2) moved his permanent residence to another state;
(3) voluntarily surrendered the permit; or
(4) been charged with an offense that upon conviction would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated with no charge.
Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED.
(J) A permit holder must have the permit identification card in his possession whenever he is carrying a concealed weapon. A permit holder must inform a law enforcement officer and present the permit
(K) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards. A five dollar replacement fee is charged. Change of permanent address within South Carolina must be communicated in writing to SLED within ten days of the change with a fee of five dollars. SLED shall then issue a new permit with the new address. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder at which time it must be destroyed by the permit holder.
(L) A license issued pursuant to this section shall not authorize a licensee to carry a concealed weapon or firearm into a:
(1) police, sheriff, or highway patrol station;
(2) detention facility, prison, or jail;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) the offices of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) meeting of the General Assembly or a committee of that body or any place on the State House grounds;
(7) school or college athletic event not related to firearms;
(8) school administration building;
(9) secondary or elementary school facility, except for events relating to firearm activities which are authorized by the school administration;
(10) any premises licensed by the Department of Revenue and Taxation for the consumption of alcohol, beer or wine;
(11) place where the carrying of firearms is prohibited by federal law;
(12) church or other established religious sanctuary.
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.
(M) Valid permits to carry concealed weapons held by residents of and issued by states which honor permits issued in accordance with this section must be honored by this State. SLED shall maintain a list of those states with which South Carolina has reciprocity, and shall make that list available to the public.
(1) identified in Section 16-23-20;
(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as `pepper gas';
(3) carrying a concealable weapon in a manner not prohibited by law.
(O) A permit issued pursuant to this article is valid for four years. SLED shall renew a permit upon:
(1) payment of a fifty dollar renewal fee by the applicant. This fee must be waived for disabled veterans;
(2) submission of three current one-inch by one-inch full color photographs of the applicant;
(3) the favorable completion of a criminal background check of the applicant by the division; and
(4) complete set of fingerprints. Law enforcement shall assist the individual at no cost.
(P) Within three working days of the issuance of a concealed weapons permit, the permit holder must submit his driver's license to the Department of Revenue and Taxation. The department immediately shall reissue the driver's license with a distinguishing symbol indicating the licensee is authorized to carry a concealed weapon. Any costs associated with the reissuance of the license must be borne by the permit holder."
SECTION 2. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-400. (A) As used in this article:
(1) `Use a firearm' means to discharge a firearm or to have a firearm readily accessible for immediate discharge.
(2) `Serious bodily injury' means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(3) `Readily accessible for immediate discharge' means loaded on the person's body or in the person's hand.
(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.
(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.
Section 23-31-410. (A) A person who uses a firearm within this State shall submit to a SLED approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.
(B) If the arresting officer does not request a breath or urine test of the person arrested for an offense allegedly committed while the person was using a firearm while under the influence of alcohol or a controlled substance, the person may request the arresting officer to have a breath test made to determine the alcohol content of the person's blood or a urine test for the purpose of determining the presence of a controlled substance.
(C) The provisions of Section 56-5-2950 relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of test information to the individual or the individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section.
(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a control substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
(E) Information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for this information.
Section 23-31-415. (A) If a law enforcement officer has probable cause to believe that a person used a firearm while under the influence of alcohol or a controlled substance and caused the death or serious bodily injury of an individual, the person shall submit, upon the request of a law
(B) A criminal charge resulting from the incident precipitating the officer's demand for testing should be tried concurrently with a charge of a violation of Section 23-31-400. If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense which precipitated the demand for testing.
(C) The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance is not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
Notwithstanding another provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for such information.
Section 23-31-420. (A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section is admissible into evidence and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, shall create the following presumptions:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten one-hundredths of one percent by weight of alcohol in the person's blood, that fact shall not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but that fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in the person's blood, the fact is prima facie evidence that the person was under the influence of alcohol.
SECTION 3. Section 56-1-140 of the 1976 Code, as last amended by Act 497 of 1994, is amended further to read:
"Section 56-1-140. (A) Upon the payment of a fee of twelve dollars and fifty cents, the department shall issue to every qualified applicant a driver's license as applied for. The license must bear on it a distinguishing number assigned to the licensee, the full name, date of birth, and residence address and a brief description and laminated colored photograph of the licensee, and a facsimile of the signature of the licensee or a space upon which the licensee shall write his usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee. The license authorizes the licensee to operate only those classifications of vehicles as indicated on the license.
(B) The license must bear on it a distinguishing symbol determined by the department indicating that the licensee is authorized pursuant to Section 23-31-215 to carry a concealed weapon."
SECTION 4. Section 16-23-420 of the 1976 Code is amended to read:
"Section 16-23-420. (A) It is unlawful for a person to carry into onto any premises or property owned, operated, or controlled by a private or public school, college, or university building, technical college, other post-secondary institution, or any publicly owned building, or have in his possession in the area immediately adjacent to these buildings, a firearm of any kind, without the express permission of the authorities in charge of the buildings premises or property.
(B) It is unlawful for a person to enter these buildings, or the immediately adjacent areas, 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 apartments 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.
SECTION 5. Section 23-31-120 of the 1976 Code is repealed.
SECTION 6. This act takes effect thirty days after approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER explained the amendment.
Rep. J. YOUNG spoke against the amendment and moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Beck Boan Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis McAbee McCraw Meacham Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stoddard Stuart Tripp Trotter Waldrop
Wilkins Wofford Wright Young Young-Brickell
Those who voted in the negative are:
Allison Anderson Baxley Breeland Brown, G. Byrd Canty Cave Cobb-Hunter Hodges Howard Inabinett Keyserling Lloyd McElveen McMahand McTeer Neal Rogers Scott Sheheen Spearman Tucker Walker Wells Whipper, L. Whipper, S. Wilder Wilkes
So, the amendment was tabled.
Rep. SCOTT moved to table the Bill.
Rep. J. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Breeland Byrd Canty Cave Clyburn Cobb-Hunter Govan Howard Inabinett Keyserling Lloyd McElveen McMahand McTeer Moody-Lawrence Neal Scott Whipper, L. Whipper, S.
Those who voted in the negative are:
Allison Askins Bailey Baxley Beck Boan
Brown, G. Brown, H. Brown, T. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harvin Hodges Hutson Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Loftis Mason McAbee McCraw Meacham Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Wilder Wilkes Wilkins Witherspoon Wofford Wright Young Young-Brickell
So, the House refused to table the Bill.
Printed Page 4540, May 29
| Printed Page 4560, May 29
|