Bill Text: SC S0088 | 2017-2018 | 122nd General Assembly | Introduced
Bill Title: Concealed weapons
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-01-10 - Referred to Committee on Judiciary [S0088 Detail]
Download: South_Carolina-2017-S0088-Introduced.html
A BILL
TO AMEND SECTION 23-31-220 OF THE 1976 CODE, RELATING TO A PUBLIC OR PRIVATE EMPLOYER'S POSTING OF A SIGN PROHIBITING THE CARRYING OF A CONCEALED WEAPON ON THE EMPLOYERS' PREMISES, TO CREATE A CAUSE OF ACTION FOR A CONCEALED WEAPONS PERMIT HOLDER WHO IS INJURED WHILE ON THE PREMISES OF AN EMPLOYER WHO HAS PROHIBITED THE CONCEALED WEAPONS PERMIT HOLDER FROM CARRYING A CONCEALED WEAPON; TO AMEND SECTION 16-23-20 OF THE 1976 CODE, RELATING TO THE UNLAWFUL CARRYING OF HANDGUNS AND EXCEPTIONS, TO CREATE AN EXCEPTION TO ALLOW ANYONE TO CARRY A CONCEALED WEAPON DURING A MANDATORY EVACUATION ORDER DECLARED BY THE GOVERNOR AND TO PLACE CERTAIN TIME PERIODS ON THIS EXCEPTION; TO AMEND ARTICLE 4, CHAPTER 31, TITLE 23 OF THE 1976 CODE, RELATING TO CONCEALED WEAPONS PERMITS, BY ADDING SECTION 23-31-218, TO CREATE AN INSTITUTIONAL CONCEALED WEAPONS PERMIT, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO PROMULGATE REGULATIONS RELATING THE CURRICULUM AND TRAINING REQUIRED TO OBTAIN AN INSTITUTIONAL CONCEALED WEAPONS PERMIT, AND TO ALLOW INSTITUTIONAL CONCEALED WEAPONS PERMIT HOLDERS TO CARRY A CONCEALABLE WEAPON IN SCHOOLS, DAYCARES, CHURCHES, AND HOSPITALS; AND TO AMEND SECTION 56-3-1230 OF THE 1976 CODE, RELATING TO LICENSE PLATE SPECIFICATIONS, TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A STICKER TO EACH CONCEALED WEAPONS PERMIT HOLDER WHO IS A VEHICLE OWNER THAT MUST BE AFFIXED TO THE VEHICLE OWNER'S LICENSE PLATE TO INDICATE THE VEHICLE OWNER IS A CONCEALED WEAPONS PERMIT HOLDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act shall be entitled the South Carolina Citizens' Self-Defense Act of 2017.
SECTION 2. Section 23-31-220 of the 1976 Code is amended to read:
"Section 23-31-220. (A) Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.
The posting by the employer, owner, or person in legal possession or control of a sign stating 'No Concealable Weapons Allowed' shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1).
(B) Notwithstanding the provisions contained in subsection (A), a premises owner or a person in legal possession of a premises who posts a sign, in compliance with this chapter, that prohibits the carrying of a concealable weapon on the premises, is strictly liable for any injury sustained by a concealed weapon permit holder from the perpetrator of a crime while on a posted premises. A premises owner who is subject to this provision is civilly liable to compensate the permit holder for damages from injuries that are sustained and all attorney fees and costs incurred in any action the permit holder files against the owner or person in possession of the posted premises."
SECTION 3. Section 16-23-20 of the 1976 Code is amended by adding:
(17) a person who carries a concealed weapon on or about his or her person but does not possess a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, if in the act of evacuating during a mandatory evacuation order issued during a state of emergency declared by the Governor pursuant to Section 25-1-440. As used in this item, the term "in the act of evacuating" means the immediate and urgent movement of a person away from the evacuation zone within forty-eight hours after a mandatory evacuation is ordered. The forty-eight hours may be extended by an order issued by the Governor."
SECTION 4. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-218. (A) In addition to permits issued for concealed weapons pursuant to Section 23-31-215, SLED shall issue an institutional concealed weapons permit.
(B) In order to obtain an institutional concealed weapons permit, an individual must meet all the requirements for a concealed weapons permit contained in this article and, on an annual basis, participate in a training course held at the South Carolina Criminal Justice Academy. The State Law Enforcement Division shall promulgate regulations detailing the curriculum and requirements for the institutional concealed weapons course.
(C) Notwithstanding Section 23-31-215(M), a person holding an institutional concealed weapons permit shall be allowed to carry a concealable weapon into a:
(1) school or college athletic event not related to firearms;
(2) daycare facility or preschool facility;
(3) church or other established religious sanctuary; or
(4) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed."
SECTION 5. Section 56-3-1230 of the 1976 Code is amended by adding:
"(C) If a vehicle owner is a concealed weapons permit holder, the department shall affix a sticker to the vehicle owner's license plate identifying the vehicle owner as a concealed weapons permit holder. The department shall establish the specifications for the sticker and the method for obtaining information regarding a vehicle owner's status as a concealed weapons holder."
SECTION 6. This act takes effect upon approval by the Governor.
