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Indicates Matter Stricken
Indicates New Matter
AMENDED
May 19, 2005
H. 3900
S. Printed 5/19/05--H.
Read the first time April 7, 2005.
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 LAW ENFORCEMENT AGENCY OR DEPARTMENT MUST ISSUE A PICTURE IDENTIFICATION TO CERTAIN RETIREES UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THE AGENCY OR DEPARTMENT MUST ALLOW CERTAIN RETIREES TO QUALIFY ANNUALLY WITH A FIREARM, TO PROVIDE THAT AN AGENCY OR DEPARTMENT THAT FAILS TO COMPLY WITH THIS PROVISION SHALL NOT RECEIVE ANY STATE GRANTS OR MONIES, AND TO PROVIDE THAT THE PRIVILEGES CONTAINED IN THIS PROVISION MAY NOT BE CONFERRED UPON A PERSON CONVICTED OF A CRIME THAT WOULD HAVE PREVENTED HIM FROM BECOMING A CERTIFIED LAW ENFORCEMENT OFFICER.
Amend Title To Conform
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:
Section 23-31-600. (A) For purposes of this section:
(1) 'identification card' is a photographic identification card complying with 18 U.S.C. Section 926C(d).
(2) 'qualified retired law enforcement officer' means any retired law enforcement officer as defined in 18 U.S.C. Section 926C(c) who at the time of his retirement was certified as a law enforcement officer in this State and who was trained and qualified to carry firearms in the performance of his duties.
(B) An agency or department within this State must comply with Section 3 of the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. Section 926C, by issuing an identification card to any person who retired from that agency or department and who is a qualified retired law enforcement officer.
(C)(1) Subject to the limitations of subsection (E), a qualified retired law enforcement officer may carry a concealed weapon in this State if he possesses an identification card issued pursuant to subsection (C) along with a certification that he has, not less recently than one year before the date the individual is carrying the firearm, met the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.
(2) The firearms certification required by this subsection may be reflected on the identification card or may be in a separate document carried with the identification card.
(D) The restrictions contained in Sections 23-31-220 and 23-31-225 are applicable to a person carrying a concealed weapon pursuant to this section.
(E) An agency or department that does not establish and comply with written procedures for issuing an identification card to a qualified retired law enforcement officer within sixty days after a request is submitted shall not receive any grants or monies from the State, except as may otherwise be required by federal law, and is not entitled to send any individuals for training and education at the South Carolina Criminal Justice Academy.
(F) The agency or department may charge the retired law enforcement officer a reasonable fee for issuing the identification card and must provide the retired officer with the opportunity to qualify to carry a firearm under the same standards for training and qualification for active law enforcement officers to carry firearms. However, the agency or department may, as provided in 18 U.S.C. Section 926C(c)(5), require the retired officer to pay the actual expenses of the training and qualification."
SECTION 2. This act takes effect upon approval by the Governor.
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