South Carolina H 3041: Prohibition on Assault Weapons

Bill Text

2025-2026 Bill 3041 Text of Previous Version (Feb. 04, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3041

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-23-50, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN OFFENSES 
INVOLVING WEAPONS, SO AS TO INCLUDE ASSAULT WEAPONS IN THE PURVIEW OF THE 
STATUTE, INCREASE THE PENALTIES FOR A VIOLATION, AND CREATE A TWO-TIERED 
PENALTY SCHEME; BY AMENDING SECTION 16-23-210, RELATING TO DEFINITIONS FOR 
PURPOSES OF THE ARTICLE, SO AS TO DEFINE THE TERM "ASSAULT WEAPON"; BY AMENDING 
SECTIONS 16-23-220, 16-23-230, AND 16-23-240, ALL 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 IN THE LIST OF WEAPONS BANNED BY 
THE PROVISIONS OF THE STATUTES; AND BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 
SO AS TO PROVIDE THAT IT IS UNLAWFUL TO SELL OR GIVE A FIREARM TO A PERSON 
WHOSE NAME APPEARS ON THE TERRORIST WATCH LIST AND TO PROVIDE A PENALTY FOR A 
PERSON WHO VIOLATES THIS PROVISION.

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

SECTION 1. Section 16-23-50 of the S.C. Code is amended to read:

 Section 
16-23-50. (A)(1) 
A person, including a dealer, who violates the provisions of this article, 
except Section 16-23-20, is guilty of a felony and, upon conviction,:

 (1) for a first offense, must be 
fined not more than twofifty 
thousand dollars or imprisoned not more than fiveten years, or both.; and

 (2) for a second or subsequent offense, 
must be fined not more than fifty thousand dollars or imprisoned for a 
mandatory minimum term of imprisonment of ten years, no part of which may be 
suspended nor probation granted, and not more than twenty years, or both.

 (2)(B) A person violating the provisions of Section 16-23-20 
is guilty of a felony and, upon conviction:

 (a)(1) a misdemeanor and, upon 
convictionfor a first offense, must be fined 
not more than onefive 
thousand dollars or imprisoned not more than one yearfive years, or both, for a first 
offense; and

 (b)(2) a misdemeanor and, upon 
convictionfor a second or subsequent offense, 
must be fined not more than ten thousand dollars or imprisoned 
not more than three years for a second offense; ora mandatory minimum term of imprisonment of five years, no part 
of which may be suspended nor probation granted, and not more than ten years, 
or both.

 (c) a felony and, 
upon conviction, must be imprisoned not more than five years for a third or 
subsequent offense.

 (B)(C) In addition to the penalty provided in this section, 
the handgun or assault weapon involved in the 
violation of this article must be confiscated. The handgun or assault weapon must be delivered to the chief of 
police of the municipality or to the sheriff of the county if the violation 
occurred outside the corporate limits of a municipality. The law enforcement 
agency that receives the confiscated handgun or assault 
weapon may use it within the agency, transfer it to another law 
enforcement agency for the lawful use of that agency, trade it with a retail 
dealer licensed to sell handguns in this State for a handgun or any other 
equipment approved by the agency, or destroy it. A weapon must not be disposed 
of in any manner until the results of anyall legal proceedingproceedings in which it may be involved are finally 
determined. If the State Law Enforcement Division seized the handgun or assault weapon, the division may keep the handgun for 
use by its forensic laboratory. Records must be kept of all confiscated 
handguns or assault weapons received by the law 
enforcement agencies under the provisions of this article.

SECTION 2. Section 16-23-210 of the S.C. Code is amended to read:

 Section 
16-23-210. WhenAs used in this article:

 (a) "Machine gun" applies 
to and includes any weapon which shoots, is designed to shoot, or can be 
readily restored to shoot, automatically more than one shot, without manual 
reloading, by a single function of the trigger. The term shall also include the 
frame or receiver of any such weapon, any combination or parts designed and 
intended for use in converting a weapon into a machine gun, and any combination 
of parts from which a machine gun can be assembled if such parts are in the 
possession or under the control of a person.

 (b) "Sawed-off shotgun" 
means a shotgun having a barrel or barrels of less than eighteen inches in 
length or a weapon made from a shotgun which as modified has an overall length 
of less than twenty-six inches or a barrel or barrels of less than eighteen inches 
in length.

 (c) "Shotgun" means a 
weapon designed or redesigned, made or remade, an