South Carolina H 3058: Firearms Criminal Background Checks

Bill Text

South Carolina General Assembly

123rd Session, 2019-2020



H. 3058



STATUS INFORMATION



General Bill

Sponsors: Reps. Cobb‑Hunter, Clyburn, Hosey, S. Williams, Brawley and Henegan

Document Path: l:\council\bills\bh\7041ahb19.docx

Companion/Similar bill(s): 3059



Introduced in the House on January 8, 2019

Currently residing in the House Committee on Judiciary



Summary: Firearms Criminal Background Checks





HISTORY OF LEGISLATIVE ACTIONS



	Date	Body	Action Description with journal page number	

	12/18/2018	House	Prefiled

	12/18/2018	House	Referred to Committee on Judiciary

	1/8/2019	House	Introduced and read first time (House Journal‑page 70)

	1/8/2019	House	Referred to Committee on Judiciary (House Journal‑page 70)

	1/10/2019	House	Member(s) request name added as sponsor: Brawley

	1/15/2019	House	Member(s) request name added as sponsor: Henegan



View the latest legislative information at the website





VERSIONS OF THIS BILL



12/18/2018





















A BILL



TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 31, TITLE 23 ENTITLED “FIREARMS CRIMINAL BACKGROUND CHECKS” SO AS TO REQUIRE 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.



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



SECTION	1.	Chapter 31, Title 23 of the 1976 Code is amended by adding:



“Article 2



Firearms Criminal Background Checks



	Section 23‑31‑70.	(A)	In addition to any other requirements pursuant to local, state, and federal law, all sales, exchanges, or transfers of firearms by licensed dealers must be conducted in accordance with the provisions of this article and the provisions of 18 U.S.C. Section 922.

	(B)	Before any sale, exchange, or transfer pursuant to the provisions of this article may take place in this State, a national instant criminal background check pursuant to 18 U.S.C. Section 922 must be completed by a licensed dealer.  Notwithstanding another provision of law, a licensed dealer may not deliver a firearm to a purchaser or transferee until the results of all required background checks are known and the purchaser or transferee is not prohibited from owning or possessing a firearm pursuant to the provisions of 18 U.S.C. Section 922 or any other local, state, or federal law and the licensed dealer has been notified.”



SECTION	2.	The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide.  After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.



SECTION	3.	This act takes effect upon approval by the Governor.

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