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RECALLED
May 26, 2005
S. 654
Introduced by Senators Campsen, Peeler, Drummond, O'Dell, Knotts, Verdin, McGill, Cromer, Bryant, Mescher, Hawkins, Scott, Elliott and Fair
S. Printed 5/26/05--H. [SEC 5/27/05 2:30 PM]
Read the first time April 26, 2005.
TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION THAT A PERSON MUST COMPLETE WHEN HE PURCHASES A PISTOL AND CERTAIN RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON TO COMPLETE THE APPLICATION, AND TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 23-31-150, RELATING TO THE ISSUANCE, DURATION, CONDITIONS PLACED ON, AND FORFEITURE OF A FIREARMS RETAIL DEALER'S LICENSE, SO AS TO DELETE THE PROVISION THAT REQUIRES A RECORD TO BE MADE OF EVERY PISTOL SOLD ON A FIREARM TRANSACTION RECORD FORM, TO DELETE THE PROVISION THAT REQUIRES A DEALER TO MAKE AVAILABLE FOR INSPECTION BY THE STATE LAW ENFORCEMENT DIVISION ALL RECORDS HE IS REQUIRED TO MAINTAIN, AND TO DELETE THE PROVISION THAT PENALIZES A LICENSED DEALER FOR GIVING FALSE INFORMATION ON AN APPLICATION FOR PURCHASE OR TRANSFER OF A FIREARM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-31-140 of the 1976 Code, as last amended by Act 242 of 2004, is further amended to read:
"Section 23-31-140. (A) Before the purchase of a pistol, the purchaser shall complete an application in triplicate in the presence of the dealer. The application to be furnished by the division must contain the applicant's:
(1) name;
(2) residence and business address;
(3) date and place of birth;
(4) social security number; and
(5) South Carolina driver's license number or Department of Public Safety identification card number or, in the case of an applicant on active duty in the United States military, the number from the applicant's current United States military identification card.
(B) A person is not allowed to purchase a pistol from a dealer unless he has completed the application fully.
(C) No A person may not purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Public Safety Motor Vehicles identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card.
(D) Upon proper completion of the application, the dealer must submit the original application to the division, retain a copy for his records, and give a copy to the applicant upon his purchase of a pistol. The application to be submitted to the division must be accompanied by a firearm transaction record properly completed by the purchaser and the dealer.
(B) For purposes of this section, the purchase of a pistol does not include the redeeming of a pistol by its owner after it has been pledged to secure a loan."
SECTION 2. Section 23-31-150 of the 1976 Code is amended to read:
"Section 23-31-150. The division shall grant a license to any person doing business in the State not ineligible to purchase, acquire or possess a pistol or be licensed as a dealer under the provisions of this article. Licenses shall be issued on a form furnished by the division and be effective for two years from the date of issuance. Licensees shall be authorized to sell pistols at retail as dealers within this State subject to the following conditions, for breach of any of which the license shall be forfeited:
(a) The license or a copy thereof, authenticated by the issuing authority, shall at all times and places of sale be available for inspection or displayed where it can easily be read.
(b) No pistol shall knowingly be sold in violation of any provision of this article nor shall any pistol be sold without clear evidence as to the identity of the purchaser being furnished to the dealer.
(c) A true record shall be made of every pistol sold on a firearm transaction record form. The firearm transaction record form which shall be furnished by the Division shall be signed by the purchaser and by the dealer effecting the sale, each in the presence of the other and shall contain such information as may be required by the Division. A separate firearm transaction form shall be completed for each pistol sold, a copy of which must be submitted to the Division as provided in Section 23-31-140. The dealer shall retain the records for a period of three years from the date of sale or transfer to which the records relate.
(d) The fee for the issuance of such license shall be one hundred dollars and for renewal one hundred dollars every two years. The license fees shall be retained by the division for purposes of defraying the costs of administering the provisions of this article.
(e)(d) Each applicant for a license shall post with the division a bond in favor of the State with surety in the amount of ten thousand dollars. No bond shall be accepted for filing unless it is with a surety company authorized to do business in this State and conditioned that the principal named therein shall not do any act meriting suspension or revocation of his license under provisions of this article. In lieu of a bond, a cash deposit or a deposit of other securities acceptable to the division of a value of ten thousand dollars shall be accepted. Any person aggrieved by any act of the principal named in such bond may in an action against the principal or surety therein, or both, recover damages. The aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the amount of such bond. The surety on the bond shall have the right to cancel such bond giving thirty days' notice to the division and thereafter shall be relieved of liability for any breach of condition after the effective date of the cancellation.
(f)(e) In order to insure compliance with the provisions of this article, dealers shall make available for inspection by the chief of the division or his agents, during normal business hours, all pistols in their possession and all records they are required to maintain by this article.
(g)(f) Each applicant for a license shall furnish to the division a current federal firearms license and is required to maintain that federal firearms license in good standing as a condition of holding a retail dealer license issued under this section.
(h)(g) A breach of any of the above conditions or violations of any provisions of this article by a dealer, or the giving of false information by a licensee on an application for purchase or transfer shall result in forfeiture of license, but the licensee is entitled to reasonable notice and proper hearing in the circuit court of the county in which he is licensed."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor.
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