Criminal Justice (Firearms)

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-1-65, RELATING TO THE EXPUNGEMENT OF CONVICTIONS FOR THE UNLAWFUL POSSESSION OF HANDGUNS, SO AS TO PROVIDE THE STATE MUST DISMISS AND EXPUNGE CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES THAT OCCURRED PRIOR TO THE ENACTMENT OF THE SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024, AND TO PROVIDE THE DISMISSAL OF THESE CHARGES MAY NOT SERVE AS A BASIS OR SUPPORT FOR CIVIL ACTIONS DUE TO THE ARREST. - RATIFIED TITLE

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 14-17-325, RELATING TO REQUIRING CLERKS OF COURT TO REPORT THE DISPOSITION OF EACH CASE IN GENERAL SESSIONS COURT, SO AS TO REQUIRE THAT CLERKS OF COURT REPORT THE DISPOSITION OF CASES TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FORTY-EIGHT HOURS OF THE ISSUANCE OF CERTAIN ORDERS; BY AMENDING SECTION 22-1-200, RELATING TO REQUIRING MAGISTRATES TO REPORT THE DISPOSITION OF EACH CASE TO STATE LAW ENFORCEMENT, SO AS TO REQUIRE THAT MAGISTRATES REPORT THE DISPOSITION OF CASES TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FORTY-EIGHT HOURS OF THE ISSUANCE OF CERTAIN ORDERS; BY AMENDING SECTION 14-25-250, RELATING TO REQUIRING MUNICIPAL JUDGES TO REPORT THE DISPOSITION OF EACH CRIMINAL CASE, SO AS TO REQUIRE THAT MUNICIPAL JUDGES REPORT THE DISPOSITION OF CASES TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FORTY-EIGHT HOURS OF THE ISSUANCE OF CERTAIN ORDERS; BY ADDING SECTION 23-1-260 SO AS TO REQUIRE EACH LAW ENFORCEMENT AGENCY TO REPORT TO THE STATE LAW ENFORCEMENT DIVISION WITHIN TWENTY-FOUR HOURS OF THE FILINGS OF CERTAIN INCIDENT REPORTS; AND BY ADDING ARTICLE 9 TO CHAPTER 23, TITLE 16 SO AS TO DEFINE NECESSARY TERMS, 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 HAS NOT REPORTED THAT THE SALE WOULD VIOLATE STATE OR FEDERAL LAW, AND TO PROVIDE FOR CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ARTICLE.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 23-3-42 SO AS TO PROVIDE THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MUST NOT RELEASE CERTAIN INFORMATION REGARDING ARRESTS PURSUANT TO CRIMINAL HISTORY BACKGROUND CHECKS.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT THE "RED FLAGS ACT"; BY ADDING ARTICLE 12 TO CHAPTER 31, TITLE 23, SO AS TO PROVIDE 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.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 2 TO CHAPTER 31, TITLE 23 SO AS TO REQUIRE NATIONAL INSTANT CRIMINAL BACKGROUND CHECKS BEFORE ANY SALE, EXCHANGE, OR TRANSFER OF FIREARMS 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 PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND TO PROVIDE A PENALTY FOR VIOLATIONS OF THE ARTICLE.

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 2 TO CHAPTER 31, TITLE 23 SO AS TO REQUIRE NATIONAL INSTANT CRIMINAL BACKGROUND CHECKS BEFORE ANY SALE, EXCHANGE, OR TRANSFER OF FIREARMS 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 PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND TO PROVIDE A PENALTY FOR VIOLATIONS OF THE ARTICLE.