Printed Page 2920, May 21
| Printed Page 2940, May 21
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Printed Page 2920, May 21
| Printed Page 2940, May 21
| Senator WALDREP proposed the following Amendment No. 51 (JUD3730.081), which was adopted:
Amend the Committee Report, as and if amended, by adding an appropriately numbered new SECTION to read:
/Notwithstanding any other provision of this act, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealed weapon upon any premises may be satisfied by a sign expressing the prohibition in written language, interdict or universal sign language./
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator WALDREP explained the amendment.
Senator WALDREP moved that the amendment be adopted.
The amendment was adopted.
Senator CORK proposed the following Amendment No. 52 (JUD3730.082), which was adopted:
Amend the committee report, as and if amended, by adding appropriately numbered subsections to Section 23-31-215 to read:
/( ) If a person:
(1) carries a concealable weapon onto the premises of a property owner or individual in legal possession where (a) a sign prohibiting these weapons is posted in a conspicuous location or (b) the person was otherwise reasonably warned not to bring the weapon onto the premises; and
(2) subsequently causes injury or death to himself or another person;
the owner of the property or the individual in legal possession is not liable for the injury or death caused by the person's use or misuse of the concealable weapon.
( ) No provision contained within this act shall expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately prior to the effective date of this act, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. Absence of a sign prohibiting concealable weapons shall not constitute neglect or establish a lack of duty of care./
Renumber subsection to conform.
Amend title to conform.
Senator CORK moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 54 (3730R025.JCL), which was tabled:
Amend the Committee Report, as and if amended, page 3730-3, item (5) of section 23-31-210, by striking item (5) and inserting a new item (5) to read:
/(5) `Concealable weapon' means any firearm which is registered in the ownership of the applicant and which is registered on the permit application as a firearm to be carried under the permit, having a length of less than twelve inches measured along its greatest dimension and which must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense in response to the imminent threat of loss of life./
Amend the Committee Report further, as and if amended, page 3730-4, line 29, by adding after line 29 a new subitem to be appropriately numberd to read:
/( ) the make, model, and manufacturer's serial number of the firearm to be carried under the permit./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator LEVENTIS moved to lay the amendment on the table.
At 9:57 P.M., Senator MARTIN assumed the Chair.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Fair Giese Gregory Hayes Lander Leatherman Leventis Martin McConnell McGill Mescher
Moore O'Dell Peeler Reese Richter Rose Russell Setzler Short Thomas Waldrep Wilson
Bryan Cork Drummond Elliott Ford Glover Holland Hutto Jackson Land Matthews Passailaigue Patterson Rankin Smith, G. Smith, J.V. Washington
The amendment was tabled.
Senator ROSE proposed the following Amendment No. 55 (3730R016.MTR), which was adopted:
Amend the committee report, as and if amended, page 3730-6, line 30, by striking / . / and inserting in lieu thereof the following:
/ ; /.
Amend the bill further, as and if amended, page 3730-6, after line 30, by adding an appropriately numbered new item to read:
/( ) a publicly-owned airport terminal building. /.
Renumber sections to conform.
Amend title to conform.
Senator ROSE explained the amendment.
Senator ROSE moved that the amendment be adopted.
The amendment was adopted.
Senators GREG SMITH, McCONNELL and RANKIN proposed the following Amendment No. 57 (3730R028.GS), which was not adopted:
/( ) insurance or real estate agent's office./
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
The amendment was not adopted.
Senator RANKIN proposed the following Amendment No. 58 (JUD3730.086), which was tabled:
Amend the Committee Report, as and if amended, page [3730-6], Section 23-31-215, as contained in SECTION 1, by inserting on line 30, after the word /event./ , a new unnumbered item to read:
/( ) business or place where an accommodations tax must be paid./
Amend title to conform.
Senator RANKIN explained the amendment.
Senator RANKIN moved that the amendment be adopted.
Senator PEELER moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Fair Giese Gregory Hayes Holland Lander Leatherman Leventis Martin McConnell McGill Mescher Moore O'Dell Passailaigue Peeler Reese Richter Rose Russell Setzler Short Thomas Waldrep Wilson
Bryan Cork Drummond Elliott Glover Hutto Jackson Land Matthews Patterson Rankin Smith, G. Smith, J.V. Washington
The amendment was laid on the table.
At 10:37 P.M., on motion of Senator DRUMMOND, the Senate receded from business not to exceed five minutes.
At 10:52 P.M., the Senate resumed.
Senators HUTTO and BRYAN proposed the following Amendment No. 59 (JUD3730.085), which was adopted:
Amend the committee report, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. No person who holds a permit issued pursuant to this article may carry a concealable weapon into a motor vehicle or public or private conveyance without the express permission of the owner or person in legal control or possession, as appropriate. 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./
Renumber remaining SECTIONS to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Cork Courson Courtney Drummond Elliott Ford Giese Glover Hayes Holland Hutto Jackson Land Lander Leatherman Leventis Matthews McConnell McGill Moore Passailaigue Patterson Rankin Richter Rose Short Smith, G. Smith, J.V. Waldrep Washington
Fair Gregory Martin Mescher O'Dell Peeler Reese Russell Setzler Thomas Wilson
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 60 (JUD3730.087), which was adopted:
Amend the amendment previously adopted as No. 48 (JUD3730.079) by adding at the end of the SECTION the following:
/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./
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senators HUTTO and PEELER proposed the following Amendment No. 61 (JUD3730.089), which was adopted:
Amend the Committee Report, as and if amended, page [3730-3], line 22, Section 23-31-210(5), as contained in SECTION 1, by adding after the word /self-defense/ the words/, defense of others and the protection of real or personal property/.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator HUTTO proposed the following Amendment No. 62 (JUD3730.090), which was adopted:
Amend the Committee Report, as and if amended, page [3730-6], after line 30, by adding an appropriately numbered new item to read:
/( ) a public bus or train terminal/.
Amend title to conform.
Senator HUTTO explained the amendment.
Senator HUTTO moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 63 (3730R033.JCL), which was adopted:
Amend the committee report, as and if amended, page 3730-3, by striking lines 33 through 34, and inserting in lieu thereof the following:
/(5) payment of a fifty dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and/
Amend the committee report further, as and if amended, page 3730-7, by striking lines 13 and 14 and inserting in lieu thereof the following:
/(1) payment of a fifty dollar renewal fee. This fee must be waived for disabled veterans and retired law enforcement officers;/
Renumber sections to conform.
Amend title to conform.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 64 (JUD3730.091), which was adopted:
Amend the Committee Report, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION ____. Notwithstanding any provision of law, any person may carry a concealed weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
At 11:09 P.M., on motion of Senator LAND, the Senate receded from business not to exceed five minutes.
At 11:20 P.M., the Senate resumed.
Senator DRUMMOND moved that when the Senate adjourns, that it stand adjourned to reconvene at 10:00 A.M. on Wednesday, May 22, 1996, and, further, that no additional amendments to H. 3730 would be received by the desk after 12:00 Noon on Wednesday, May 22, 1996.
On motion of Senator MOORE, with unanimous consent, the Judiciary Committee amendment (3730.PA), as perfected, was adopted as follows, with all members reserving their rights, with no prejudice to amendments currently on the desk:
Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:
/SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:
Section 23-31-205. This article may be cited as the `Law Abiding Citizens Self-Defense Act of 1996'.
Section 23-31-210. As used in this article:
(1) `Resident' means an individual who is a resident of South Carolina for at least twelve months 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. This education course must be a minimum of eight hours and must include, but is not limited to:
(i) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(ii) information on handgun use and safety;
(iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduce the possibility of accidental injury to a child; and
(iv) the actual firing of the handgun in the presence of the instructor;
(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 SLED-certified or approved competitive handgun shooting classification; or
(f) a member of the active or reserve military, or a member of the National Guard who has had handgun training in the previous three years.
SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item. For purposes of subitems (a) and (b), `proof of training' is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item.
(5) `Concealable weapon' means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.
Section 23-31-215. (A) Notwithstanding any other provision of law, except subject to subsection (B) of this section, 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 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) if required by SLED, the projectile from each of two bullets fired from a concealable weapon to be carried under the permit, fired and retrieved in a manner approved and supervised by SLED;
(6) proof of training;
(7) payment of a fifty dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and
Printed Page 2920, May 21
| Printed Page 2940, May 21
| This web page was last updated on Monday, June 29, 2009 at 1:59 P.M.