Printed Page 3060, May 22
| Printed Page 3080, May 22
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Printed Page 3060, May 22
| Printed Page 3080, May 22
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Senator CORK proposed the following Amendment No. 23A (JUD3730.065), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The provisions of the "Law Abiding Citizens Self-Defense Act of 1996," as contained in Article 4, Section 31, Title 23, which authorize a person to carry a concealable weapon do not apply to and do not govern in a municipality which has enacted an ordinance (1) approved by a majority of the governing body, and (2) which provides for the continued operation and efficacy of Section 23-31-120. If the governing body of a municipality enacts an ordinance pursuant to this section, the provisions of Section 23-31-120 apply to that municipality./
Amend the bill further, as and if amended, page 12, line 40, in SECTION 6, by striking SECTION 6 in its entirety and inserting therein the following:
/SECTION 6. Section 23-31-120 applies only to a municipality which has enacted an ordinance providing for the continuation of the operation of that section./
Amend title to conform.
Senator CORK explained the amendment.
Senator LEVENTIS argued contra to the adoption of the amendment.
Senator LEVENTIS 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 Holland Lander Leatherman Leventis Martin McConnell McGill Mescher
Moore O'Dell Passailaigue Peeler Reese Richter Rose Russell Ryberg Saleeby Setzler Short Thomas Waldrep Wilson
Bryan Cork Drummond Elliott Ford Glover Hutto Land Matthews Patterson Rankin Smith, G. Smith, J.V. Washington
The amendment was laid on the table.
Senator CORK proposed the following Amendment No. 25A (JUD3730.058), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding any other provision of law, the provisions of this article authorizing a person to carry a concealable weapon after issuance of a permit under this article are effective only after a favorable vote by a majority of those persons voting in a statewide referendum, which must be held at the time of the next general election. The question to be placed on the ballot must substantially read as follows: "Shall the current law authorizing the State Law Enforcement Division to issue concealed weapon permits to only those individuals who by virtue of their employment or business are regularly exposed to dangerous circumstances be retained or shall the current law be repealed and replaced with the `Law Abiding Citizens Self-Defense Act' which would require SLED to issue concealable weapon permits to any person who meets certain criteria regardless of whether the person's employment or business regularly exposes him to dangerous circumstances?"
Renumber sections to conform.
Senator CORK explained the amendment.
Senator COURTNEY argued contra to the adoption of the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courtney Fair Gregory Hayes Lander Leventis Martin Mescher O'Dell Richter Rose Russell Ryberg Saleeby Short Waldrep Wilson
Bryan Cork Courson Drummond Elliott Ford Giese Glover Holland Hutto Jackson Land Leatherman Matthews McConnell McGill Moore Passailaigue Patterson Peeler Rankin Reese Setzler Smith, G. Smith, J.V. Thomas Washington
The Senate refused to lay the amendment on the table. The question then was the adoption of the amendment.
The amendment was adopted.
Senator WILSON desired to be recorded as voting against the adoption of the amendment.
Senator LAND proposed the following Amendment No. 31A (3730R010.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 a firearm which is registered in the ownership of the applicant and which is registered on the permit application as the exclusive 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 title to conform.
Senator LAND explained the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The amendment was laid on the table.
Senator LAND proposed the following Amendment No. 53A (3730R024.JCL), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 14 through 19 and inserting in lieu thereof the following:
/(a) a person who, within one year before filing an application, has passed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a SLED approved nationally recognized organization that promotes gun safety or demonstrates to SLED that he or she is proficient in the use a handgun or handguns, as applicable./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senators GREG SMITH, RANKIN and ELLIOTT proposed the following Amendment No. 66A (3730R034.GS), which was tabled:
/( ) resort rental management office./
Renumber sections to conform.
Amend title to conform.
Senator GREG SMITH explained the amendment.
Senator GREG SMITH moved that the amendment be adopted.
Senator McCONNELL argued contra to the adoption of the amendment.
Senator ELLIOTT argued in favor of the adoption of the amendment.
Senator LEVENTIS moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Giese Gregory Hayes Lander Leatherman Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Reese Richter Rose Russell Ryberg Setzler Waldrep Wilson
Bryan Cork Drummond Elliott Ford Glover Holland Hutto Land Matthews McGill Patterson Rankin Saleeby Short Smith, G. Smith, J.V. Washington
The amendment was laid on the table.
Having voted on the prevailing side, Senator BRYAN moved to reconsider the vote whereby Amendment No. 53A (3730R024.JCL) proposed by Senator LAND was adopted.
The motion to reconsider was adopted.
On motion of Senator BRYAN, Amendment No. 53A was laid on the table.
Senator LAND proposed the following Amendment No. A (JUD3730.066), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 23-31-120 of the 1976 Code is amended to read:
"Section 23-31-120. (A) The State Law Enforcement Division may issue permits a permit to a qualified person when if the nature of his business or employment requires that he the person is exposed regularly to dangerous circumstances as determined by the division. A permit issued pursuant to Section 16-23-20(12) must specify the conditions under which possession of the weapon is authorized.
(B) The division shall must conduct an investigation of the applicant as it considers necessary to determine his qualifications to obtain a permit. An applicant successfully must demonstrate to the chief of the division or his designee his proficiency in both the use of pistols and the state laws pertaining to pistols or complete a training course conducted by the division to ensure that the applicant is competent in the use, safety techniques, and legal responsibilities related to the carrying and use of weapons before the issuance of a permit. The applicant must submit to the division, on a form provided by it the division, a complete set of fingerprints. If the applicant is found at that time not to be qualified for a permit and requests training, the division must charge a fee of fifty dollars must be charged by the division for the training and which must be paid to the division to be used to defray the cost of training. A person who has sufficient training from other sources as determined by the chief of the division or, upon examination by the chief of the division or his designee, is proficient in both the use of pistols and the state laws relating to them, is not required to complete the training course. Fees and renewals for permits are thirty dollars payable to the division to defray the
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
Senator LEATHERMAN moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Courson Courtney Elliott Fair Giese Gregory Hayes Holland Hutto Lander Leatherman Leventis Martin McConnell Mescher Moore O'Dell Passailaigue Peeler Rankin Reese Richter Rose Russell Ryberg Saleeby Setzler Short Smith, G. Thomas Waldrep Wilson
Bryan Cork Drummond Ford Glover Jackson Land Matthews McGill Patterson Smith, J.V. Washington
The amendment was laid on the table.
Senator BRYAN proposed the following Amendment No. 67 (JUD3730.150), which was adopted:
Amend the bill, as and if amended, page 3, beginning on line 33, in Section 23-31-215(B), as contained in SECTION 1, by striking lines 33 through 34 and inserting therein the following:
/federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county/
Amend the bill further, as and if amended, page 3, line 42, in Section 23-31-215(B), as contained in SECTION 1, by striking line 42 and inserting therein the following:
/applicant. If the fingerprint review and background check are favorable, SLED must issue the/
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator BRYAN proposed the following Amendment No. 68 (JUD3730.151), which was adopted:
Amend the bill, as and if amended, page 7, line 2, in Section 23-31-215(M), as contained in SECTION 1, by inserting after /Sections/ the following:
/ 10-11-320 /
Amend title to conform.
Senator BRYAN explained the amendment.
Senator BRYAN moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 72 (3730R035.JCL), which was adopted:
Amend the bill, as and if amended, page 2, line 15, after /has/, by adding the following:
/successfully/
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator LAND proposed the following Amendment No. 73 (3730R036.JCL), which was adopted:
Amend the bill, as and if amended, page 4, line 9, after /costs./, by adding the following:
/If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial./
Renumber sections to conform.
Amend title to conform.
Senator LAND explained the amendment.
Senator LAND moved that the amendment be adopted.
The amendment was adopted.
Senator REESE proposed the following Amendment No. 74 (3730R040.GGR), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/SECTION . Section 23-31-20 of the 1976 Code is amended to read:
"Section 23-31-20. Residents A resident of any state contiguous to this State may purchase rifles and shotguns in this State; provided, such residents conform if the resident conforms to applicable provisions of statutes and regulations of this State, the United States, and of the contiguous state in which such persons reside the person resides."/.
Renumber sections to conform.
Amend title to conform.
Senator REESE explained the amendment.
Senator REESE moved that the amendment be adopted.
Senators WASHINGTON, FORD and GLOVER proposed the following Amendment No. 15A (JUD3730.053), which was carried over:
Amend the bill, as and if amended, page 5, in Section 23-31-215(J), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) had a complaint of domestic abuse or violence registered against him with the chief of police of the municipality where the applicant resides or with the sheriff of the county where the applicant resides, as appropriate, during the initial permit period or a renewal permit period./
Amend title to conform.
Senator WASHINGTON explained the amendment.
Senators WASHINGTON and LAND argued in favor of the adoption of the amendment.
Senator McCONNELL spoke on the amendment.
Senator McCONNELL asked unanimous consent to make a motion to substitute Amendment No. 15B for Amendment No. 15A.
There was no objection.
Senators McCONNELL, GLOVER and WASHINGTON proposed the following Amendment No. 15B (3730R045.GFM), which was adopted:
Amend the bill, as and if amended, page 5, in Section 23-31-215(J), as contained in SECTION 1, by adding an appropriately numbered item to read:
/( ) had been arrested one or more times on a complaint of domestic physical abuse or violence registered against him or her with the chief of police of the municipality where the applicant resides or with the sheriff of the county where the applicant resides, as appropriate, during the initial permit period or a renewal permit period, except where a court of competent jurisdiction has dismissed the arrest warrant or the party arrested has been found not guilty or where the warrant has been nol prossed./
Renumber sections to conform.
Amend title to conform.
Senator McCONNELL explained the amendment.
Printed Page 3060, May 22
| Printed Page 3080, May 22
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