HUGE thank you to Roy F. Harmon III, J.D., LL.M. of https://upstategunrights.com, contributor to Shaw's South Carolina Gun Law book, and SC Carry board member for compiling this synopsis.
Clicking on the Bill Number will take you to the bill on the South Carolina Legislature web site.
HOUSE BILLS
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. (Bryant, Pope, Thigpen, Wooten and Cogswell)
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. (Cobb-Hunter, Clyburn, Hosey, S. Williams, Brawley and Henegan)
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. (Cobb-Hunter and S. Williams)
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. (Dillard, Hosey and Henegan)
H. 3073 – amends section 23-31-240, relating to persons allowed to carry a concealable weapon while on duty to include clerks of court. (B. Newton, Hosey and Ligon)
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. (Brawley, Thigpen, Hosey, Henegan, Simmons, Henderson-Myers and King)
H. 3110 – amends section 12-36-2120, relating to sales tax exemptions, so as to delete the exemption on certain guns on second amendment weekend. (Brown)
H. 3134 – adds section 16-23-510 so as to prohibit a person from carrying a handgun into certain places without permission of the owner or a person in control of the premises; amends section 16-23-20, relating to the unlawful carrying of a handgun, so as to revise the provisions that provide when a person may lawfully carry a handgun; allows carrying a concealable weapon in a manner not prohibited by law regardless of permit; amends section 16-23-420, relating to the possession of a firearm on school property, so as to revise the provisions regarding the lawful possession of a firearm on school property; amends section 16-23-430, relating to the carrying of a weapon on school property, so as to revise the circumstances when it is lawful to carry a weapon on school property; amends section 16-23-460, relating to carrying a deadly concealed weapon, so as to require an element of intent; amends section 16-23-465, relating to penalties for unlawfully carrying a weapon onto premises that sell alcoholic beverages, so as to revise the elements of the offense; amends section 23-31-215, relating to the issuance of concealable weapon permits, so as to revise the provisions relating to the issuance of permits; amends section 23-31-220, relating to the rights of a property owner to allow or permit a person carrying a concealed weapon on his property, so as to make a conforming change; amends section 23-31-225, relating to a person carrying a concealable weapon into the residence or dwelling place of another person, so as to provide additional circumstances when certain persons who carry a concealable weapon must leave or remove the weapon from the premises and to make a conforming change; and to provide that this act applies only to individuals who legally may purchase a firearm from a properly licensed and certified firearms dealer (see also, S 0423, H 4023) (Pitts and White)
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, so as to provide that this section does not apply to certain persons when visiting a residence or dwelling to inspect, appraise, sell, or lease the residence or dwelling place. (Loftis and Burns)
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. (Brawley and King)
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. (Rutherford)
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. (Stavrinakis and Cogswell)
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; an ; 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; 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. (Moore, Bernstein, Rose, S. Williams, Henderson-Myers, McCoy and Pendarvis)
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. (Thigpen)
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.
H. 3363 – amends section 23-31-210, relating to the issuance of concealed weapon permits, so as to revise the definition of the term "concealable weapon" to allow a permit holder to carry a concealable weapon openly on his person. (Pitts, White, Hosey, Magnuson, Morgan, Taylor, Hixon, Pope, Elliott, B. Cox, Stringer, G.R. Smith, Loftis and Davis)
H. 3456 – enacts SC Constitutional Carry Act of 2019 (see also, S 139, S 400, H 3999) (Hill, Magnuson, Burns, Chumley, Long, B. Newton, Yow, Morgan, Thayer, Stringer, Gagnon, Martin, Elliott, Willis, G.R. Smith, Bailey, Huggins, Toole, B. Cox, Taylor, Trantham and Davis)
H. 3472 – amends section 23-31-240, relating to persons allowed to carry a concealable weapon while on duty, so as to include the attorney general and assistant attorneys general in the purview of the statute. (Murphy, Caskey, Pope, Bryant, Fry, B. Newton, McCoy, Stavrinakis, Ligon, Clemmons and Anderson)
H. 3683 – adds section 16-23-540 so as to require an owner or other person lawfully in possession of a firearm, rifle, or shotgun to report the loss or theft of each such weapon, to require the appropriate law enforcement agency to collect certain information regarding a lost or stolen weapon, and to provide graduated penalties for the failure to report a lost or stolen weapon. (Williams)
H. 3693 – adds section 24-21-925 so as to provide that a limited pardon may be granted to a person who has been convicted of a felony offense, that is not considered a "crime of violence", that would allow him to possess a firearm for the purpose of hunting only, and to provide an application fee. (Rutherford)
H. 3774 – amends section 23-31-215, relating to the issuance of concealed weapon permits, so as to provide that a church or religious sanctuary that allows a permit holder to carry a weapon upon its premises is not civilly or criminally liable for the act of granting such permission in the event of an incident involving a holder of a permit. (Clemmons)
H. 3999 – enacts the "South Carolina Constitutional Carry Act of 2019" (see also, S 139, S 400, H 3999) (B. Cox, Willis, Forrest, Long, Elliott, Yow, Morgan, B. Newton, Loftis, Huggins, Bailey, Burns, Chumley, Hixon, G.R. Smith, Stringer, Trantham, Taylor, Murphy, McCravy, Thayer, West, Hill, Davis and Gagnon)
SENATE BILLS
S. 139 – enacts the "South Carolina Constitutional Carry Act of 2019" - 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. (Martin and Rice)
S. 154 – (see S.341 for identical bill) (Gregory and Kimpson)
S. 293 – adds new section 23-31-232 so as to provide a concealed weapon permit holder may carry a concealable weapon on school property leased by a church for church services or official church activities if the church or its governing body provides express permission to the permit holder, and to provide that this section only applies during the time that the church has access to the property for its services or activities. (Cash, Corbin and Rice)
S. 341 – amends the present 14-17-325 to shorten the time for the clerk's reporting disposition of a General Sessions case to SLED from 30 days to 10 days excluding weekends and holidays - and to 48 hours in the case of issuance of restraining orders, orders of protection; orders preventing a person from possessing a firearm; convictions related to or orders issued to prevent acts of domestic violence against another person; orders issued related to the stalking, intimidation, or harassment of another person, or certain orders for bond; and imposes these requirements on magistrates and municipal judges as well; and requires law enforcement to report to SLED within 24 hours the filing of an incident report for each criminal case, the filing of an order of protection, restraining order, or any order or report relating to an incident of domestic violence, any incident in which a person may be prohibited from obtaining or possessing a firearm by state or federal law; and creates a Judicial Criminal Information Technology Committee to study centralized reporting and to hire consultants and professionals and seek funds for its activities; and contains provisions extending the waiting period to five days for delivery of a firearm after a NICS background check is requested. (Campsen)
S. 400 – enacts the "South Carolina Constitutional Carry Act of 2019" (see also, S. 139, S. 400, H. 3999) (Grooms)S. 421 – amends section 16-23-465 relating to the penalty for unlawfully carrying a firearm into the premises of a business that sells alcoholic beverages for on-premise consumption, so as to delete the provision that provides that this section does not apply to a person who holds a concealed weapon permit while carrying a firearm onto the premise under certain circumstances, to revise the penalties for a violation of this section, and to make technical changes. (Scott)