Bill Text: SC S0109 | 2015-2016 | 121st General Assembly | Introduced


Bill Title: Concealed Weapons Permit

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-01-13 - Referred to Committee on Judiciary [S0109 Detail]

Download: South_Carolina-2015-S0109-Introduced.html


A BILL

TO AMEND SECTION 23-31-215, RELATING TO THE ISSUANCE OF A CONCEALED WEAPONS PERMIT, TO REMOVE THE APPLICATION FEE OF FIFTY DOLLARS, THE REPLACEMENT FEE OF FIVE DOLLARS, AND THE RENEWAL FEE OF FIFTY DOLLARS; TO REPEAL SECTION 23-31-216, RELATING TO THE COLLECTION AND RETENTION OF FEES BY THE STATE LAW ENFORCEMENT DIVISION; AND TO AMEND SECTION 23-31-600, RELATING TO THE ISSUANCE OF AN IDENTIFICATION CARD TO A RETIRED LAW ENFORCEMENT OFFICER, TO REMOVE THE COLLECTION OF ANY FEE.

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

SECTION    1.    A.    Section 23-31-215(A) of the 1976 Code is amended to read:

"Section 23-31-215.    (A)    Notwithstanding any other provision of law, except subject to subsection (B) of this section, SLED must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon to a resident or qualified nonresident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:

(1)    a completed application signed by the person;

(2)    one current full face color photograph of the person, not smaller than one inch by one inch nor larger than three inches by five inches;

(3)    proof of residence or if the person is a qualified nonresident, proof of ownership of real property in this State;

(4)    proof of actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;

(5)    proof of training; and

(6)    payment of a fifty-dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and

(7)(6)    a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant's fingerprints may not be taken. If all other qualifications are met, the Chief of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant."

B.    Section 23-31-215(L) of the 1976 Code is amended to read:

"(L)    SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five-dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder, at which time the original permit must be returned to SLED."

C.    Section 23-31-215(P) of the 1976 Code is amended to read:

"(P)    A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a currently valid permit upon:

(1)    payment of a fifty-dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;

(2)(1)    completion of the renewal application; and

(3)(2)    submission of a photocopy of the applicant's valid South Carolina driver's license or South Carolina identification card, or if the applicant is a qualified nonresident, a photocopy of the applicant's valid driver's license or identification card issued by the state in which the applicant resides."

SECTION    2.    Section 23-31-216 of the 1976 Code is repealed.

SECTION    3.    Section 23-31-600(E) of the 1976 Code is amended to read:

"(E)    The agency or department may charge the retired law enforcement officer a reasonable fee for issuing the identification card and must provide the retired officer with the opportunity to qualify to carry a firearm under the same standards for training and qualification for active law enforcement officers to carry firearms. However, the agency or department, as provided in 18 U. S. C. Section 926C(c)(5), may require the retired officer to pay the actual expenses of the training and qualification."

SECTION    4.    This act takes effect upon approval by the Governor.

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