3876

							                                 South Carolina General Assembly
                                     117th Session, 2007-2008

H. 3876

STATUS INFORMATION

General Bill
Sponsors: Reps. Stavrinakis, Breeland, Mack, J.E. Smith and Whipper
Document Path: l:\council\bills\ms\7092ahb07.doc

Introduced in the House on April 12, 2007
Currently residing in the House Committee on Judiciary

Summary: Firearms


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body    Action Description with journal page number
 4/12/2007   House   Introduced and read first time HJ-10
 4/12/2007   House   Referred to Committee on Judiciary HJ-11
 5/22/2007   House   Member(s) request name removed as sponsor: Merrill
 5/30/2007   House   Member(s) request name removed as sponsor: Harrell
  1/8/2008   House   Member(s) request name removed as sponsor: Harrison


VERSIONS OF THIS BILL

4/12/2007
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 9                                 A BILL
10
11   TO AMEND SECTION 16-23-30, AS AMENDED, CODE OF
12   LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
13   UNLAWFUL SALE OF HANDGUNS TO CERTAIN PERSONS,
14   SO AS TO REPLACE THE TERM “HANDGUN” WITH
15   “FIREARM”, TO PROHIBIT THE SALE OF FIREARMS TO
16   ALL CONVICTED FELONS RATHER THAN VIOLENT
17   OFFENDERS, AND TO PROHIBIT THE POSSESSION OF
18   FIREARMS BY A CONVICTED FELON; TO AMEND
19   SECTION 16-23-50, AS AMENDED, RELATING TO
20   PENALTIES FOR VIOLATIONS OF THE ARTICLE, SO AS TO
21   CREATE      A   THREE-TIERED  PENALTY     SCHEME
22   INCLUDING CREATING A MANDATORY MINIMUM
23   PENALTY FOR THE OFFENSE OF THE POSSESSION OF
24   FIREARMS BY CONVICTED FELONS; TO AMEND SECTION
25   16-23-490, RELATING TO ADDITIONAL PENALTIES FOR
26   POSSESSION OF A FIREARM OR KNIFE DURING THE
27   COMMISSION OF A VIOLENT CRIME, SO AS TO INCLUDE
28   THE COMMISSION OF A MOST SERIOUS OR SERIOUS
29   OFFENSE AND TO REVISE AND INCREASE THE PENALTY.
30
31   Be it enacted by the General Assembly of the State of South
32   Carolina:
33
34   SECTION 1. Section 16-23-30 of the 1976 Code, as last amended
35   by Act 336 of 2006, is further amended to read:
36
37      “Section 16-23-30. (A) It is unlawful for a person to knowingly
38   sell, offer to sell, deliver, lease, rent, barter, exchange, or transport
39   for sale into this State any handgun a firearm to a person:
40         (1) a person who has been convicted of a crime of violence
41   felony in any a court of the United States, the several states,


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 1   commonwealths, territories, possessions, or the District of
 2   Columbia; or
 3        (2) who is a fugitive from justice, or a habitual drunkard, or
 4   a drug addict, or who has been adjudicated mentally incompetent;
 5        (2)(3) a person who is a member of a subversive
 6   organization;
 7        (3)(4) a person under the age of twenty-one, but this shall not
 8   apply to the issue of handguns firearms to members of the Armed
 9   Forces of the United States, active or reserve, National Guard,
10   State Militia, or R. O. T. C., when on duty or training or the
11   temporary loan of handguns a firearm for instructions under the
12   immediate supervision of a parent or adult instructor; or
13        (4)(5) a person who by order of a circuit judge or county
14   court judge of this State has been adjudged unfit to carry or
15   possess a firearm, such this adjudication to be made upon
16   application by any a police officer, or by any a prosecuting officer
17   of this State, or sua sponte, by the court, but a person who is the
18   subject of such an the application is entitled to reasonable notice
19   and a proper hearing prior to any such adjudication.
20      (B) It is unlawful for a person enumerated in subsection (A) to
21   possess or acquire handguns a firearm within this State.
22      (C) A person shall not knowingly buy, sell, transport, pawn,
23   receive, or possess any a stolen handgun firearm or one from
24   which the original serial number has been removed or obliterated.”
25
26   SECTION 2. Section 16-23-50 of the 1976 Code, as last amended
27   by Act 294 of 2004, is further amended to read:
28
29      Section 16-23-50. (A)(1) A person, including a dealer, who
30   violates the provisions of this article, except Section 16-23-20, is
31   guilty of a felony and, upon conviction, must be fined not more
32   than two thousand dollars or imprisoned not more than five years,
33   or both. :
34        (2)(1) A person violating the provisions of Section 16-23-20
35   is guilty of a misdemeanor and, upon conviction, must be fined not
36   more than one thousand dollars or imprisoned not more than one
37   year, or both.;
38        (2) Section 16-23-30, except as provided in item (3), is
39   guilty of a felony and, upon conviction, must be fined not more
40   than two thousand dollars or imprisoned not more than five years,
41   or both; and
42        (3) Section 16-23-30(B) who has been convicted of a felony
43   as defined in Section 16-23-30(A)(1) is guilty of a felony and,

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 1   upon conviction, must be imprisoned for a mandatory minimum of
 2   not less than five years nor more than twenty-five years, no part of
 3   which may be suspended nor probation granted.
 4      (B) In addition to the penalty penalties provided in this section,
 5   the handgun firearm involved in the violation of this article must
 6   be confiscated. The handgun firearm must be delivered to the
 7   chief of police of the municipality or to the sheriff of the county if
 8   the violation occurred outside the corporate limits of a
 9   municipality. The law enforcement agency that receives the
10   confiscated handgun firearm may use it within the agency, transfer
11   it to another law enforcement agency for the lawful use of that
12   agency, trade it with a retail dealer licensed to sell handguns
13   firearms in this State for a handgun firearm or any other equipment
14   approved by the agency, or destroy it. A weapon must not be
15   disposed of in any manner until the results of any a legal
16   proceeding in which it may be involved are finally determined. If
17   the State Law Enforcement Division seized the handgun firearm,
18   the division may keep the handgun it for use by its forensic
19   laboratory. Records must be kept of all confiscated handguns
20   firearms received by the law enforcement agencies under pursuant
21   to the provisions of this article.”
22
23   SECTION 3. Section 16-23-490 of the 1976 Code is amended to
24   read:
25
26      “Section 16-23-490. (A) If It is unlawful for a person is to be
27   in possession of a firearm or visibly displays display what appears
28   to be a firearm or visibly displays display a knife during the
29   commission of a:
30        (1) violent crime and is convicted of committing or
31   attempting to commit a violent crime as defined in Section
32   16-1-60, he must be imprisoned five years, in addition to the
33   punishment provided for the principal crime. This five-year
34   sentence does not apply in cases where the death penalty or a life
35   sentence without parole is imposed for the violent crime. ;
36        (2) most serious offense and is convicted of committing or
37   attempting to commit a most serious offense as defined in Section
38   17-25-45(C)(1); or
39        (3) serious offense and is convicted of committing or
40   attempting to commit a serious offense as defined in Section
41   17-25-45(C)(2).
42      (B) A person who violates the provisions of this section is
43   guilty of a felony and, upon conviction, must be imprisoned for a

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 1   mandatory minimum of not less than five years nor more than
 2   twenty-five years, in addition to the punishment prescribed for the
 3   principal offense. This sentence does not apply in cases when the
 4   death penalty or a life sentence without parole is imposed for the
 5   principal offense.
 6      (C) Service of the five-year sentence is mandatory unless a
 7   longer mandatory minimum term of imprisonment is provided by
 8   law for the violent crime. The court may impose this mandatory
 9   five-year sentence to run consecutively or concurrently, and the
10   court must impose this mandatory sentence to run consecutively to
11   a sentence imposed for the principal offense.
12      (C)(D) The person sentenced under pursuant to this section is
13   not eligible during this five-year period sentence for parole, work
14   release, or extended work release. The five years No part of this
15   sentence may not be suspended nor probation granted, and the
16   person may not complete his term of imprisonment in less than
17   five years early pursuant to good-time credits or work credits, but
18   may earn credits during this period.
19      (D)(E) As used in this section,:
20        (1) ‘firearm’ means any machine gun, automatic rifle,
21   revolver, pistol, or any weapon which will, or is designed to, or
22   may readily be converted to expel a projectile; and
23        (2) ‘knife’ means an instrument or tool consisting of a sharp
24   cutting blade whether or not fastened to a handle which is capable
25   of being used to inflict a cut, slash, or wound.
26      (E) The additional punishment may not be imposed unless the
27   indictment alleged as a separate count that the person was in
28   possession of a firearm or visibly displayed what appeared to be a
29   firearm or visibly displays a knife during the commission of the
30   violent crime and conviction was had upon this count in the
31   indictment.
32      (F) The penalties prescribed in this section may not be imposed
33   unless the person is convicted was at the same time indicted and
34   convicted of a violent crime as defined in Section 16-1-60 of a
35   qualifying principal offense as contained in this section.”
36
37   SECTION 4. The repeal or amendment by this act of any law,
38   whether temporary or permanent or civil or criminal, does not
39   affect pending actions, rights, duties, or liabilities founded thereon,
40   or alter, discharge, release or extinguish any penalty, forfeiture, or
41   liability incurred under the repealed or amended law, unless the
42   repealed or amended provision shall so expressly provide. After
43   the effective date of this act, all laws repealed or amended by this

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 1   act must be taken and treated as remaining in full force and effect
 2   for the purpose of sustaining any pending or vested right, civil
 3   action, special proceeding, criminal prosecution, or appeal existing
 4   as of the effective date of this act, and for the enforcement of
 5   rights, duties, penalties, forfeitures, and liabilities as they stood
 6   under the repealed or amended laws.
 7
 8   SECTION 5. This act takes effect upon approval by the Governor.
 9                            ----XX----
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