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Indicates Matter Stricken
Indicates New Matter
H. 3110
STATUS INFORMATION
General Bill
Sponsors: Reps. M.A. Pitts, Viers, Taylor, Rice, Witherspoon, Sandifer, Toole, Duncan, Huggins, Tripp, Cato, Walker, Davenport, G.R. Smith, Hamilton, Leach, F.N. Smith, Vaughn, Pinson, E.H. Pitts, Barfield, Clemmons, Owens, Young, Hinson, White, Loftis, Jennings, Hayes, Vick, Hosey, Merrill, Ceips, Bailey, Limehouse, Cooper, Hagood, Mahaffey, Bowers, Ott, Delleney, Talley, Scarborough, Hiott, McGee, J.R. Smith, Altman, Anthony, Umphlett, Hardwick, Townsend, Stewart, Thompson, J.E. Smith, Rutherford, Haley, Ballentine, Rhoad, Agnew, Littlejohn, Parks, Rivers and Chellis
Document Path: l:\council\bills\gjk\20009sd05.doc
Introduced in the House on January 11, 2005
Introduced in the Senate on March 15, 2005
Last Amended on May 19, 2005
Currently residing in conference committee
Summary: Concealable Weapons permit from another state is valid
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/8/2004 House Prefiled
12/8/2004 House Referred to Committee on Judiciary
1/11/2005 House Introduced and read first time HJ-84
1/11/2005 House Referred to Committee on Judiciary HJ-84
1/12/2005 House Member(s) request name added as sponsor: Duncan, Huggins
1/18/2005 House Member(s) request name added as sponsor: Tripp
1/19/2005 House Member(s) request name added as sponsor: Cato, Walker,
Davenport, G.R.Smith, Hamilton, Leach, F.N.Smith
1/25/2005 House Member(s) request name added as sponsor: Vaughn, Pinson,
E.H.Pitts, Barfield, Clemmons
1/26/2005 House Member(s) request name added as sponsor: Owens, Young,
Hinson, White, Loftis, Jennings, Hayes, Vick, Hosey,
Merrill
2/1/2005 House Member(s) request name added as sponsor: Ceips
2/2/2005 House Member(s) request name added as sponsor: Bailey, Hagood,
Limehouse
2/3/2005 House Member(s) request name added as sponsor: Cooper
2/15/2005 House Member(s) request name added as sponsor: Mahaffey
2/16/2005 House Member(s) request name added as sponsor: Bowers, Ott,
Delleney, Talley, Scarborough, Hiott, McGee,
J.R.Smith, Altman, Anthony
2/17/2005 House Member(s) request name added as sponsor: Umphlett,
Hardwick, Townsend
2/22/2005 House Member(s) request name added as sponsor: Stewart
2/23/2005 House Member(s) request name added as sponsor: Thompson,
J.E.Smith, Rutherford, Haley, Ballentine, Rhoad, Agnew
2/24/2005 House Member(s) request name added as sponsor: Littlejohn,
Parks, Rivers, Chellis
3/9/2005 House Committee report: Favorable with amendment Judiciary HJ-6
3/10/2005 House Amended HJ-37
3/10/2005 House Read second time HJ-40
3/10/2005 House Unanimous consent for third reading on next legislative
day HJ-40
3/11/2005 House Read third time and sent to Senate HJ-3
3/15/2005 Senate Introduced and read first time SJ-13
3/15/2005 Senate Referred to Committee on Judiciary SJ-13
5/4/2005 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-10
5/18/2005 Senate Special order, set for 05/18/05 SJ-50
5/19/2005 Senate Amended SJ-134
5/19/2005 Senate Read second time SJ-134
5/19/2005 Senate Unanimous consent for third reading on next legislative
day SJ-134
5/20/2005 Senate Read third time and returned to House with amendments
5/25/2005 House Non-concurrence in Senate amendment HJ-305
5/26/2005 Senate Senate insists upon amendment and conference committee
appointed Ritchie, Knotts, and Alexander SJ-292
5/31/2005 House Conference committee appointed Reps. MA Pitts, JE Smith,
and Herbkersman HJ-63
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/8/2004
3/9/2005
3/10/2005
5/4/2005
5/19/2005
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT AMENDED AND ADOPTED
May 19, 2005
H. 3110
Introduced by Reps. M.A. Pitts, Viers, Taylor, Rice, Witherspoon, Sandifer, Toole, Duncan, Huggins, Tripp, Cato, Walker, Davenport, G.R. Smith, Hamilton, Leach, F.N. Smith, Vaughn, Pinson, E.H. Pitts, Barfield, Clemmons, Owens, Young, Hinson, White, Loftis, Jennings, Hayes, Vick, Hosey, Merrill, Ceips, Bailey, Limehouse, Cooper, Hagood, Mahaffey, Bowers, Ott, Delleney, Talley, Scarborough, Hiott, McGee, J.R. Smith, Altman, Anthony, Umphlett, Hardwick, Townsend, Stewart, Thompson, J.E. Smith, Rutherford, Haley, Ballentine, Rhoad, Agnew, Littlejohn, Parks, Rivers and Chellis
S. Printed 5/19/05--S.
Read the first time March 15, 2005.
TO AMEND SECTION 23-31-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-31-215(N) of the 1976 Code, as added by Act 464 of 1996, is amended to read:
"(N) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal the issuing state which honors a permit issued by South Carolina must be honored by this State, provided that the issuing state requires as a condition for the issuance of a concealed weapons permit that an applicant:
(1) successfully completes a handgun education course that includes information on the use of deadly force, information on the safe handling and operation of a handgun, and the demonstration of such by the actual firing of a handgun in the presence of the instructor;
(2) be an instructor certified by the National Rifle Association or another competent national organization that promotes the safe use of handguns;
(3) demonstrates to the Director of SLED or his designee that he has proficiency in both the use of handguns and state laws pertaining to handguns;
(4) be an active duty police handgun instructor;
(5) have an approved competitive handgun shooting classification; or
(6) be 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 make a determination as to those states which have permit issuance standards equal to or greater than the standards contained in this article enter into a reciprocal agreement with a state that requires a reciprocal agreement before honoring a South Carolina concealable weapons permit and shall maintain and publish a list of those states as the states with which South Carolina has reciprocity."
SECTION 2. Section 16-23-20 of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:
"Section 16-23-20. (A) It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
(1) regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;
(2) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;
(3) members, or their invited guests, of organizations authorized by law to purchase or receive firearms from the United States or this State or regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits;
(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;
(5) a person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;
(6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States;
(7) members of authorized military or civil organizations while parading or when going to and from the places of meeting of their respective organizations;
(8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;
(9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance;
(10) a person carrying a handgun unloaded and in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving one's residence or changing or moving one's fixed place of business;
(11) a prison guard while engaged in his official duties;
(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee's person and a location specified in item (9);
(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;
(14) a person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);
(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.
(16) Any a person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.
(B) A person carrying a concealed weapon in South Carolina pursuant to a permit issued by another state shall abide by the laws of South Carolina."
SECTION 3. This act takes effect upon approval by the Governor.
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