South Carolina General Assembly
116th Session, 2005-2006

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Indicates New Matter

H. 3054

STATUS INFORMATION

General Bill
Sponsors: Rep. J. Brown
Document Path: l:\council\bills\swb\6156cm05.doc

Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary

Summary: Firearms ballistics test

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  House   Prefiled
   12/8/2004  House   Referred to Committee on Judiciary
   1/11/2005  House   Introduced and read first time HJ-66
   1/11/2005  House   Referred to Committee on Judiciary HJ-66

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 31, TITLE 23, SO AS TO PROVIDE THAT A FIREARM RETAILER SHALL PERFORM A BALLISTICS TEST ON A FIREARM HE SELLS BEFORE IT IS DELIVERED TO THE PURCHASER AND SUBMIT TO THE STATE LAW ENFORCEMENT DIVISION CERTAIN INFORMATION REGARDING THE TEST, TO PROVIDE THAT A FIREARM OWNER SHALL NOTIFY THE STATE LAW ENFORCEMENT DIVISION ONCE HE LOSES POSSESSION OF A FIREARM, AND TO PROVIDE CIVIL PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 31, Title 23 of the 1976 Code is amended by adding:

"Article 8

Firearms Ballistic Tests

Section 23-31-600.    (A)    Notwithstanding another provision of law, a retailer shall perform a ballistics test on a firearm he sells before the firearm is delivered to the purchaser.

(B)    The bullet discharged from the firearm during the ballistics test, the firearm's serial number, and the firearm purchaser's name must be filed with the State Law Enforcement Division and maintained in a ballistics record file to be used to assist in the identification of the owner of a legally purchased firearm that is used to commit a crime.

(C)    A firearm retailer who fails to comply with the provisions contained in this section must be assessed a civil fine of not more than one thousand dollars for a first offense and not more than five thousand dollars and the suspension of his license to sell firearms for a subsequent offense.

(D)    A firearm owner shall report to the State Law Enforcement Division the sale, transfer by gift, theft, loss, or destruction of a firearm. A firearm owner who fails to comply with this provision must be assessed a civil fine of not more than five hundred dollars if the firearm has not been used during the commission of a crime, or accessory before or after the fact, and a maximum civil fine of five thousand dollars if the weapon has been used to commit a crime."

SECTION    2.    This act takes effect upon approval by the Governor.

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