2017-2018 Bill 3181: Firearms Criminal Background Checks - South Carolina Legislature Online

1 South Carolina General Assembly 2 122nd Session, 2017-2018 3 4 H. 3181 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. CobbHunter 10 Document Path: l:\council\bills\bh\7009ahb17.docx 11 Companion/Similar bill(s): 143, 3180, 3328 12 13 Introduced in the House on January 10, 2017 14 Currently residing in the House Committee on Judiciary 15 16 Summary: Firearms Criminal Background Checks 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 12/15/2016 House Prefiled 23 12/15/2016 House Referred to Committee on Judiciary 24 1/10/2017 House Introduced and read first time ( House Journalpage 104) 25 1/10/2017 House Referred to Committee on Judiciary ( House Journalpage 104) 26 27 View the latest legislative information at the website 28 29 30 VERSIONS OF THIS BILL 31 32 12/15/2016 33 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING ARTICLE 2 TO CHAPTER 31, TITLE 23 13 SO AS TO REQUIRE A NATIONAL INSTANT CRIMINAL 14 BACKGROUND CHECK BEFORE ANY SALE, EXCHANGE, 15 OR TRANSFER OF A FIREARM IN THE STATE AND TO 16 PROVIDE PROCEDURES FOR THE BACKGROUND 17 CHECKS; TO REQUIRE NATIONAL INSTANT CRIMINAL 18 BACKGROUND CHECKS AT GUN SHOWS AND TO 19 PROVIDE PROCEDURES FOR THE BACKGROUND 20 CHECKS; AND TO EXEMPT RECORDS KEPT FROM 21 DISCLOSURE AS A PUBLIC RECORD UNDER THE 22 FREEDOM OF INFORMATION ACT AND TO PROVIDE A 23 PENALTY FOR A VIOLATION OF THE ARTICLE. 24 25 Be it enacted by the General Assembly of the State of South 26 Carolina: 27 28 SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended 29 by adding: 30 31 “Article 2 32 33 Firearms Criminal Background Checks 34 35 Section 233170. For purposes of this article, the term: 36 (1) ‘Antique firearm’ means: 37 (a) a firearm, including a firearm with a matchlock, 38 flintlock, percussion cap, or similar type of ignition system, 39 manufactured in or before 1898; and 40 (b) a replica of a firearm described in subitem (a) if such 41 replica:

[3181] 2 1 (i) is not designed or redesigned for using rimfire or 2 conventional centerfirefixed ammunition; or 3 (ii) uses rimfire or conventional centerfirefixed 4 ammunition which is no longer manufactured in the United States 5 and which is not readily available in the ordinary channels of 6 commercial trade. 7 (2) ‘Firearm’ means a weapon, including a starter gun, which 8 will, is designed to, or may readily be converted to expel a 9 projectile by the action of an explosive; the frame or receiver of 10 such weapon; a firearm muffler or firearm silencer; or a destructive 11 device; but the term does not include an antique firearm. In the 12 case of a licensed collector, the term means only curios and relics. 13 (3) ‘Firearm frame or receiver’ means that part of a firearm 14 which provides housing for the hammer, bolt or breechblock, and 15 firing mechanism, and which is usually threaded at its forward 16 portion to receive the barrel. 17 (4) ‘Firearm muffler or firearm silencer’ means a device for 18 silencing, muffling, or diminishing the report of a portable firearm, 19 including any combination of parts, designed or redesigned, and 20 intended for use in assembling or fabricating a firearm silencer or 21 firearm muffler, and any part intended only for use in such 22 assembly or fabrication. 23 24 Section 233180. (A) In addition to any other requirements 25 pursuant to state and federal law, all sales, exchanges, or transfers 26 of firearms must be conducted in accordance with the provisions of 27 this article unless the sale, exchange, or transfer is conducted by a 28 licensed importer, licensed manufacturer, or licensed dealer, as 29 those terms are defined in 18 U.S.C. Section 922, when the sale, 30 exchange, or transfer is conducted pursuant to that person’s federal 31 firearms license or the sale, exchange, or transfer is between 32 members of an immediate family. For purposes of this section, 33 ‘immediate family’ means spouses, domestic partners, children, 34 and stepchildren. 35 (B) Before any sale, exchange, or transfer pursuant to the 36 provisions of this article, a national instant criminal background 37 check pursuant to 18 U.S.C. Section 922 must be completed by a 38 licensed dealer who consents to conduct the check, and upon 39 completion of the background check, shall complete a document, 40 the form of which shall be approved by the Chief of the State Law 41 Enforcement Division (SLED), that identifies and confirms that 42 the check was performed.

[3181] 3 1 (C) All dealers shall maintain a record of transactions 2 conducted pursuant to this article and the record must be 3 maintained on the premises mentioned and described in the license 4 and must be open at all reasonable hours for inspection by any law 5 enforcement officer acting in the scope of his employment. 6 7 Section 233190. (A) A national instant criminal background 8 check must be conducted and a person may not sell, exchange, or 9 transfer a firearm at a gun show in this State except in accordance 10 with the provisions of 18 U.S.C. 922 and the provisions of this 11 section. 12 (B) A person may not offer or agree to sell, exchange, or 13 transfer a firearm to another person at a gun show in this State and 14 transfer or deliver a firearm to another person, or person acting on 15 his behalf, at a location other than the gun show for the purpose of 16 evading or avoiding compliance with 18 U.S.C. 922. 17 (C)(1) Before a gun show vendor sells, exchanges, or transfers a 18 firearm at a gun show in this State, he shall: 19 (a) require that a national instant background check be 20 conducted of the person; and 21 (b) obtain approval of a transfer from SLED after a 22 national instant background check has been requested by a licensed 23 gun dealer. 24 (2) A gun show promoter shall arrange for the services of 25 one or more licensed gun dealers on the premises of the gun show 26 to obtain the background checks required by this section. 27 (3) If any part of a firearm transaction takes place at a gun 28 show, no firearm may be sold, exchanged, or transferred unless a 29 national instant background check has been obtained by a licensed 30 gun dealer. 31 32 Section 2331100. (A) A dealer may require that any sale, 33 exchange, or transfer conducted pursuant to this article be subject 34 to a fee of not more than twentyfive dollars per transaction. 35 (B) A record produced pursuant to this article and any 36 transmission of the record to a governmental agency is not 37 considered a public record for purposes of Chapter 4, Title 30, the 38 Freedom of Information Act. 39 (C) A person who knowingly violates the provisions of this 40 article is guilty of a misdemeanor and, upon conviction, must be 41 fined not more than one thousand dollars or imprisoned for not 42 more than one year.” 43

[3181] 4 1 SECTION 2. The repeal or amendment by this act of any law, 2 whether temporary or permanent or civil or criminal, does not 3 affect pending actions, rights, duties, or liabilities founded thereon, 4 or alter, discharge, release or extinguish any penalty, forfeiture, or 5 liability incurred under the repealed or amended law, unless the 6 repealed or amended provision shall so expressly provide. After 7 the effective date of this act, all laws repealed or amended by this 8 act must be taken and treated as remaining in full force and effect 9 for the purpose of sustaining any pending or vested right, civil 10 action, special proceeding, criminal prosecution, or appeal existing 11 as of the effective date of this act, and for the enforcement of 12 rights, duties, penalties, forfeitures, and liabilities as they stood 13 under the repealed or amended laws. 14 15 SECTION 3. If any section, subsection, paragraph, subparagraph, 16 sentence, clause, phrase, or word of this act is for any reason held 17 to be unconstitutional or invalid, such holding shall not affect the 18 constitutionality or validity of the remaining portions of this act, 19 the General Assembly hereby declaring that it would have passed 20 this act, and each and every section, subsection, paragraph, 21 subparagraph, sentence, clause, phrase, and word thereof, 22 irrespective of the fact that any one or more other sections, 23 subsections, paragraphs, subparagraphs, sentences, clauses, 24 phrases, or words hereof may be declared to be unconstitutional, 25 invalid, or otherwise ineffective. 26 27 SECTION 4. This act takes effect upon approval by the 28 Governor. 29 XX 30

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