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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT CERTAIN HANDGUN AND ASSAULT WEAPON AMMUNITION MUST BE CODED, TO AUTHORIZE THE STATE LAW ENFORCEMENT DIVISION (SLED) TO ENFORCE THE PROVISIONS OF THIS ARTICLE, TO PROVIDE THAT CERTAIN AMMUNITION MANUFACTURERS AND VENDORS MUST REGISTER WITH SLED, TO PROVIDE THAT CERTAIN INFORMATION ABOUT TRANSFERS OF AMMUNITION MUST BE MAINTAINED AND MADE AVAILABLE FOR INSPECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE PROVISIONS CONTAINED IN THIS ARTICLE.
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 23-31-610. As used in this article, 'coded ammunition' means bullets carrying a unique identifier that has been applied by etching onto the base of the bullet projectile.
Section 23-31-620. (A) All handgun and assault weapon ammunition manufactured or sold in this State after January 1, 2010, must be coded by its manufacturer.
(B) No later than January 1, 2012, all noncoded ammunition owned by private citizens and retail outlets must be disposed.
Section 23-31-630. (A) The State Law Enforcement Division (SLED) shall establish and maintain an Ammunition Coding System Database (ACSD) which shall contain a list of all ammunition manufacturers and vendors who must register with SLED before January 1, 2010. Information contained in the ACSD may be released only to a law enforcement agency in connection with a criminal investigation.
(B) A registered ammunition manufacturer shall maintain on its premises for a period of seven years records of all sales, loans, and transfers of ammunition to, from, or within this State.
(C) A registered ammunition vendor shall maintain a record of the following information regarding the sale of ammunition on its premises for three years:
(1) the date of transaction;
(2) the name of the transferee or purchaser;
(3) the purchaser's driver's license number, or another government issued identification card number;
(4) the date of birth of the purchaser;
(5) the unique identifier of all ammunition transferred or purchased; and
(6) any other information that SLED may require.
Section 23-31-640. (A) A vendor that fails to comply with the provisions contained in this article is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year and fined one thousand dollars.
(B) A manufacturer that fails to comply with the provisions contained in this article must pay a civil fine of not more than one thousand dollars for the first violation, not more than five thousand dollars for a second violation, and not more than ten thousand dollars for a third or subsequent violation.
(C) A person who wilfully destroys, obliterates, or renders unreadable the ammunition coding required pursuant to this article is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year, and fined one thousand dollars.
Section 23-31-650. The ACSD shall be funded and maintained through the assessment and collection of end-user fees in an amount not to exceed one-half of one cent ($0.005) per round of ammunition or per bullet, where the accumulated fee amount shall not exceed the cost to pay for the infrastructure, implementation, operational, enforcement, and future development costs associated with this article."
SECTION 2. This act takes effect upon approval by the Governor.
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