South Carolina General Assembly 115th Session, 2003-2004

A242, R325, H3442

STATUS INFORMATION

General Bill Sponsors: Reps. Sandifer, Cotty, Altman, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Ceips, Chellis, Clark, Coates, Dantzler, Duncan, Edge, Hayes, Herbkersman, Hinson, Jennings, Kirsh, Leach, Lucas, Mahaffey, McCraw, McGee, Merrill, Ott, Owens, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Scarborough, Simrill, Sinclair, Skelton, D.C. Smith, J.R. Smith, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Viers, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon, Young, Clemmons and Rutherford Document Path: l:\council\bills\swb\5135cm03.doc Companion/Similar bill(s): 211, 3324

Introduced in the House on January 28, 2003 Introduced in the Senate on March 26, 2003 Last Amended on May 6, 2004 Passed by the General Assembly on May 12, 2004 Governor's Action: May 24, 2004, Signed

Summary: Purchase of multiple pistols authorized

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number 1/28/2003 House Introduced and read first time HJ-59 1/28/2003 House Referred to Committee on Judiciary HJ-60 2/4/2003 House Member(s) request name added as sponsor: Clemmons 3/18/2003 House Member(s) request name added as sponsor: Rutherford 3/19/2003 House Committee report: Favorable Judiciary HJ-9 3/20/2003 Scrivener's error corrected 3/25/2003 House Read second time HJ-26 3/26/2003 House Read third time and sent to Senate HJ-14 3/26/2003 Senate Introduced and read first time SJ-21 3/26/2003 Senate Referred to Committee on Judiciary SJ-21 2/4/2004 Senate Committee report: Majority favorable with amend., minority unfavorable Judiciary SJ-39 3/2/2004 Senate Special order SJ-20 5/6/2004 Senate Amended SJ-30 5/6/2004 Senate Read second time SJ-30 5/6/2004 Senate Unanimous consent for third reading on next legislative day SJ-30 5/7/2004 Senate Read third time and returned to House with amendments SJ-10 5/12/2004 House Concurred in Senate amendment and enrolled HJ-17 5/19/2004 Ratified R 325 5/24/2004 Signed By Governor 5/27/2004 Copies available 5/27/2004 Effective date 05/24/04 6/10/2004 Act No. 242 VERSIONS OF THIS BILL

1/28/2003 3/19/2003 3/20/2003 2/4/2004 5/6/2004 (A242, R325, H3442)

AN ACT TO AMEND SECTION 23-31-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION A PERSON MUST COMPLETE BEFORE PURCHASING A PISTOL, AND RESTRICTIONS PLACED ON A PERSON WHO PURCHASES A PISTOL, SO AS TO DELETE THE PROVISIONS THAT PROHIBIT A PERSON FROM PURCHASING MORE THAN ONE PISTOL ON AN APPLICATION, PURCHASING MORE THAN ONE PISTOL DURING EACH THIRTY-DAY PERIOD, AND THE EXCEPTIONS TO THESE PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

Application to purchase a pistol

SECTION 1. Section 23-31-140 of the 1976 Code, as last amended by Act 459 of 1996, 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 person may 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 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. 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.”

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 19th day of May, 2004.

Approved the 24th day of May, 2004.

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