2019 SC Legislative Session Synopsis

Here are the bills currently introduced in the SC legislature. More will be filed. Visit us regularly for updates. Click the bill number for the full text of the bill.

H. 3053 - amends the law relating to the unlawful possession of a firearm or ammunition by a person convicted of a violent crime, expanding the parameters of the offense to include persons convicted of a crime punishable by imprisonment of more than one year and to provide increased, graduated penalties for a violation.

H. 3058 - requires that a national instant criminal background check must be completed and delivery of a firearm to a purchaser or transferee may not take place until the results of all required background checks are known and the purchaser or transferee is not prohibited from delivery of the firearm.

H. 3059 - requires a national instant criminal background check before any sale, exchange, or transfer of a firearm in this state and to provide procedures for the background checks; to require national instant criminal background checks at gun shows and to provide procedures for the background checks; and to exempt records kept from disclosure as a public record under the freedom of information act and to provide a penalty for a violation of the article.

H. 3061 -  creates the offenses of child endangerment with a firearm in the first and second degree when a child under the age of eighteen gains access to a firearm in a condition that the firearm can be discharged and in a manner that a reasonable person should know a child is likely to gain access to a firearm under certain circumstances and subject to delineated exceptions, to provide penalties for a violation, and to require retail firearms dealers to provide and post notice of this requirement.

H. 3073 – amends section 23-31-240, relating to persons allowed to carry a concealable weapon while on duty to include clerks of court.

H. 3109 - imposes a seven percent fee on the sale of handguns to be deposited in the "school safety fund" to provide school resource officers.

H. 3134 – provides for permitless carry with conforming changes to relevant statutes.

H. 3171 - amends section 23-31-600, relating to the issuance of identification cards to qualified retired law enforcement officers, the circumstances in which a qualified law enforcement officer may carry a concealed weapon, and opportunities for training to qualify to carry a firearm that must be offered to a qualified retired law enforcement officer, so as to delete the provision that restricts the carrying of a concealed weapon onto certain premises.

H. 3175 – amends section 23-31-225, relating to prohibiting the carrying of a concealable weapon into the residence or dwelling place of another person without permission and penalties associated with violating this section, to provide that the section does not apply to certain persons when visiting a residence or dwelling to inspect, appraise, sell, or lease the residence or dwelling place.

H. 3206 - amends section 16-23-210, relating to definitions for purposes of the article, so as to define the terms "assault weapon" and "high-capacity magazines"; amends sections 16-23-220, 16-23-230, and 16-23-240, relating to the unlawful transportation, storing, keeping, or possessing; and sale, rental, or giving away of machine guns, military firearms, sawed-off shotguns or rifles, respectively, so as to include assault weapons and high-capacity magazines in the list of items banned by the provisions of the statutes; and by adding section 16-23-540 so as to prohibit the possession, distribution, or manufacture of a device, part, component, attachment, or accessory intended to accelerate the rate of fire of a semiautomatic firearm, including a device commonly known as a bump stock or trigger crank, to provide a penalty for a violation of this section and to allow exceptions under certain circumstances.

H. 3228 - provides that an order concerning immunity from prosecution pursuant to the protection of persons and property act is immediately appealable and to provide that a defendant who does not appeal the order immediately may appeal the denial after conviction and sentencing.

H. 3240 – prohibits the possession, distribution, or manufacture of a device, part, component, attachment, or accessory intended to accelerate the rate of fire of a semiautomatic firearm, to provide a penalty for a violation of this section and to allow exceptions under certain circumstances.

H. 3248 – provides that clerks of court, law enforcement and magistrates shall report to SLED  the disposition of each case in general sessions, and to report within forty-eight hours the issuance of a restraining order, order of protection, order for the prevention of possession of a firearm, convictions or orders related to domestic violence, orders related to stalking, intimidation, or harassment, and orders for bond with any limitations listed in this section; and ; by adding chapter 32 to title 14 so as to create the judicial criminal information technology committee to make recommendations for, the improvement of judicial and law enforcement information technology and reporting; AND adds article 9 to chapter 23, title 16 to require that no gun transfer preceded by a criminal background check may proceed, unless the criminal background check has concluded that the sale may proceed, or until at least five days have passed from the initiation of the background check and the national instant criminal background check system favorable report.

H. 3275 - provides for the authority of law enforcement officers to seize a person's firearms and ammunition if the person poses a risk of imminent personal injury to himself or other individuals; to establish criteria addressing application for and issuance of a warrant; to require the probate court to hold a hearing within seven days of execution of the warrant to determine whether the firearms and ammunition may be returned to the person; and for other purposes.

H. 3311 –provides that during a motor vehicle traffic stop, the driver and passengers in a motor vehicle must disclose to the law enforcement officer the existence of all firearms located in the motor vehicle.

H. 3322 - amends section 44-23-1080, relating to patients and prisoners denied access to alcoholic beverages, firearms, dangerous weapons, and controlled substances, so as to delete the minimum sentence required for violations; amends section 44-52-165, relating to patients receiving addiction services prohibited from possessing alcohol, firearms, weapons, or drugs, so as to delete the minimum sentence required for violations; amends section 50-1-85, relating to the use of firearms or archery tackle in a criminally negligent manner, so as to delete the minimum sentence required for violations, amends section 61-6-4180, relating to possession of a firearm or weapon by sellers of alcoholic liquors, so as to delete the minimum sentence required for a violation.

Senate

S. 54 - requires that no gun transfer preceded by a criminal background check may proceed, unless the criminal background check has concluded that the sale may proceed, until at least twenty-eight days have passed from the initiation of the background check.

S. 139 - enacts the "South Carolina Constitutional Carry Act of 2017" - amends section 16-23-20 relating to the unlawful carrying of a firearm, to affirmatively assert that it is legal to carry a handgun in this state, unless otherwise prohibited, with location exceptions where firearms are prohibited, and subject to posting against carry by business owners, and making certain other conforming changes to existing law.

S. 154 – see H. 3248 above.

S. 158 – amends among other things,  section 44-24-140, relating to determinations of a petition for the judicial admission of a child in need of services, so as to require the court to report information about the child to SLED for transmitting to the national instant criminal background check system (nics) in certain circumstances and to provide a child whose name has been transmitted to nics the right to petition a court to remove the prohibitions placed involving the right to possess or have access to firearms.

S. 174 – provides that it is unlawful for a person to sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale in this state any handgun to a person who is under the age of eighteen and to provide for exceptions; to amend section 16-23-10, relating to definitions for purposes of the chapter regarding offenses involving weapons, so as to add necessary terms; to amend section 16-23-30, relating to the unlawful carrying of a handgun, so as to delete the use of the term "handgun" and replace it with "firearm", to provide that it is unlawful for a person to sell, offer to sell, deliver, lease, rent, barter, exchange, transport for sale into this state, or otherwise dispose of any firearm to a person knowing or having reasonable cause to believe that the person meets a certain category; to amend section 16-23-50, relating to penalties, disposition of fines, and the forfeiture and dispositions of handguns, so as to delete the use of the term "handgun" and replace it with "firearm", to provide for penalties for a person who violates the provisions of this article, except section 16-23-20, to provide that a law enforcement agency that receives a firearm pursuant to this section shall administratively release the firearm to an innocent owner under certain circumstances; and to repeal sections 16-23-500 and 23-31-1040 relating to the unlawful possession of a firearm by a person convicted of a violent offense or adjudicated as a mental deficient, respectively.

Thank you to Roy F. Harmon III of https://upstategunrights.com and SC Carry board member for compiling this synopsis.