South Carolina H 3180: Property exempt from attachment, levy or sale

Bill Text

2025-2026 Bill 3180 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3180

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 16-23-210, RELATING TO DEFINITIONS FOR PURPOSES OF THE ARTICLE, SO AS 
TO DEFINE THE TERMS "ASSAULT WEAPON" AND "HIGH-CAPACITY MAGAZINES"; AND TO 
AMEND 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, ALL SO AS TO INCLUDE ASSAULT WEAPONS AND HIGH-CAPACITY MAGAZINES 
IN THE LIST OF ITEMS BANNED BY THE PROVISIONS OF THE STATUTES.

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

SECTION 1. Section 16-23-210 of the S.C. Code is amended by adding:

 (h) "Assault weapon" means a firearm 
with any of the following characteristics:

 (i) 
all semiautomatic action, centerfire rifles with a detachable magazine with a 
capacity of twenty one or more rounds;

 (ii) 
all semiautomatic shotguns with a folding stock or a magazine capacity of more 
than six rounds, or both;

 (iii) 
a firearm which has been modified to be operable as an assault weapon as 
defined in this item; and

 (iv) 
any part or combination of parts designed or intended to convert a firearm into 
an assault weapon, including a detachable magazine with a capacity of twenty 
one or more rounds, or any combination of parts from which an assault weapon 
may be readily assembled if those parts are in the possession or under the 
control of the same person.

 "Assault weapon" does 
not include weapons that do not use fixed cartridges, weapons that were in 
production prior to 1898, manually operated bolt action weapons, lever action 
weapons, slide action weapons, single shot weapons, multiple barrel weapons, 
revolving cylinder weapons, semiautomatic weapons for which there is no fixed 
magazine with capacity of twenty one or more rounds available, semiautomatic 
weapons that use exclusively en bloc clips, semiautomatic weapons in production 
prior to 1954, rimfire weapons that employ a tubular magazine, a firearm that 
uses .22 caliber rimfire ammunition, or an assault weapon which has been 
modified either to render it permanently inoperable or to permanently make it a 
device no longer defined as an assault weapon.

 (i) "High 
capacity magazine" means a firearm magazine capable of holding more than 
fifteen rounds of ammunition.

SECTION 2. Section 16-23-220 of the S.C. Code is amended to read:

 Section 
16-23-220. (A) It is unlawful for a person to transport from one 
place to another in this State or for any railroad company, express company, or 
other common carrier or any officer, agent, or employee of any of them or other 
person acting in their behalf knowingly to ship or to transport from one place 
to another in this State a machine gun or firearm commonly known as a machine 
gun, military firearm, sawed-off shotgun, or sawed-off 
rifle, assault weapon, or high-capacity magazines, except 
as provided in Sections 16-23-250 and 23-31-330.

 (B) A person who violates 
the provisions of this section, upon conviction, must be punished pursuant to 
Section 16-23-260.

SECTION 3. Section 16-23-230 of the S.C. Code is amended to read:

 Section 
16-23-230. (A) It is unlawful for a person to store, keep, possess, 
or have in possession or permit another to store, keep, possess, or have in 
possession a machine gun or firearm commonly known as a machine gun, military 
firearm, sawed-off shotgun, or sawed-off rifle, assault weapon, or high-capacity magazines, except as 
provided in Sections 16-23-250 and 23-31-330.

 (B) A person who violates 
the provisions of this section, upon conviction, must be punished pursuant to 
Section 16-23-260.

SECTION 4. Section 16-23-240 of the S.C. Code is amended to read:

 Section 
16-23-240. (A) It is unlawful for a person to sell, rent, give away, 
or participate in any manner, directly or indirectly, in the sale, renting, 
giving away, or otherwise disposing of a machine gun, or firearm commonly known 
as a machine gun, military firearm, sawed-off shotgun, or 
sawed-off rifle, assault weapon, or high-capacity 
magazines, except as provided in Sections 16-23-250 and 23-31-330.

 (B) A person who violates 
the provisions of this section, upon conviction, must be punished pursuant to 
Section 16-23-260.

SECTION 5. 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 th