South Carolina General Assembly
126th Session, 2025-2026
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Indicates Matter Stricken
Indicates New Matter
S. 136
STATUS INFORMATION
General Bill
Sponsors: Senators Tedder, Leber, Kimbrell and Rice
Companion/Similar bill(s): 138
Document Path: LC-0051CM25.docx
Introduced in the Senate on January 14, 2025
Introduced in the House on March 4, 2025
Last Amended on February 25, 2025
Judiciary
HISTORY OF LEGISLATIVE ACTIONS
| Date | Body | Action Description with journal page number |
|---|---|---|
| 12/11/2024 | Senate | Prefiled |
| 12/11/2024 | Senate | Referred to Committee on Judiciary |
| 1/14/2025 | Senate | Introduced and read first time (Senate Journal-page 888) |
| 1/14/2025 | Senate | Referred to Committee on Judiciary (Senate Journal-page 88) |
| 1/17/2025 | Scrivener's error corrected | |
| 2/19/2025 | Senate | Committee report: Favorable Judiciary (Senate Journal-page 11) |
| 2/25/2025 | Senate | Amended (Senate Journal-page 17) |
| 2/25/2025 | Senate | Read second time (Senate Journal-page 17) |
| 2/25/2025 | Senate | Roll call Ayes-43 Nays-0 (Senate Journal-page 17) |
| 2/26/2025 | Senate | Read third time and sent to House (Senate Journal-page 20) |
| 3/4/2025 | House | Introduced and read first time (House Journal-page 12) |
| 3/4/2025 | House | Referred to Committee on Judiciary (House Journal-page 12) |
View the latest legislative information at the website
VERSIONS OF THIS BILL
12/11/2024
01/17/2025
02/19/2025
02/25/2025
Indicates Matter Stricken
Indicates New Matter
February 25, 2025
S. 136
Introduced by Senators Tedder, Leber, Kimbrell and Rice
S. Printed 2/25/25--S.
Read the first time January 14, 2025
________
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-1-65, RELATING TO THE EXPUNGEMENT OF CONVICTIONS FOR THE UNLAWFUL POSSESSION OF HANDGUNS, SO AS TO PROVIDE THE STATE MUST DISMISS CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES THAT OCCURRED PRIOR TO THE ENACTMENT OF THE South carolina CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024, AND TO PROVIDE THE DISMISSAL OF THESE CHARGES DOES NOT MANDATE THE DISMISSAL OF OTHER RELATED CHARGES OR MAY SERVE AS A BASIS OR SUPPORT FOR CIVIL ACTIONS DUE TO THE ARREST.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-1-65 of the S.C. Code is amended to read:
Section 17-1-65. (A) A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section.
(B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16-23-20 if the charges occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, notwithstanding the savings clause contained in SECTION 25 of that act. However this section does not mandate an immediate dismissal, if such unlawful possession of a handgun charge was charged in conjunction with any other criminal offense arising out of the same facts and circumstances. Upon the disposition of those associated offenses the unlawful possession of a handgun offense under the prior Section 16-23-20 must be dismissed pursuant to this section and expunged provided a person has not previously had an expungement under subsection (A). Dismissal pursuant to this section may not serve as a basis or support for any civil action due to the arrest.
SECTION 2. This act takes effect upon approval by the Governor.
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This web page was last updated on February 25, 2025 at 2:42 PM