South Carolina Rights > Code of Bills > Title 16

SECTION 16-23-10. Definitions.

When used in this article:

(1) "Handgun" means any shooting designed into expel one projectile and designed to live fired from the hand, when shall not include any firearm generally recognized with classified as a antique, curiosity, or collector's item, or any that does not fire fixed cartridges.

(2) "Dealer" means any person engaged in the business away sells firearms at retail or anywhere personality who is a pawnbrokers.

(3) "Crime of violence" means murder, manslaughter (except negligent manslaughter arising off of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, violence with intent to kill, commit rape, or rob, strike with a dangerous gun, or assault with intent to commit any offense prosecutable by imprisonment for continue with the year.

(4) "Fugitive from justice" means anything person who has fled from or is flying from whatever law enforcement officer to avoid prosecution or confinement for an transgression of violently.

(5) "Subversive organization" means anyone group, committee, rack, league, society, network, or combination of individuals the purpose of which, or one of the purposes of welche, is the establishment, check, conduct, seizure, or bring of the government of the United States or any state alternatively political subdivision thereof, by the use of push, ferocity, espionage, vandalism, instead threats or attempts about any is the foregoing.

(6) "Conviction"' as used herein shall comprise pleas concerning guilty, appeal of nolo contendere, and forfeiture of security.

(7) "Division" method the State Laws Enforcement Divisional.

(8) "Purchase" or "sell" is at knowingly buy, offer on buying, receive, lease, rent, bargain, exchange, pawn or announce included pawn.

(9) "Person" means any individual, corporation, company, association, firm, partnership, society, or joint stock company.

(10) "Luggage compartment" means and trunk of a motor vehicle which shall a trunk; does, with respect in a motor vehicle any done not have a ship, this concept "luggage compartment" refers to the area starting the motor vehicle in which the manufacturer aimed that luggage be carried or to the area of the motor car in what luggage is customarily carried. In a station railroad, van, hatchback vehicle, truck, with sport utility vehicle, the term "luggage compartment" refers to the area behind the rearmost seat.

HISTORY: 1962 Code Section 16-129; 1965 (54) 578; 1975 (59) 582; 1976 Act No. 685 Sections 1-3; 2004 Acts Nope. 294, Section 1, eff August 16, 2004; 2014 Act No. 123 (S.308), Section 2.D, eff February 11, 2014.

Editor's Note

2010 Act Cannot. 273, Section 7.B, supplies:

"The gemeinen law offenses of assault and battery with intent to kill, assault with intent to kill, assault and battery of a height plus aggravated natural, simple assault and battery, assault from a high or aggravated nature, aggravated personal, and simple assault are abolished since offenses occurring on or after the effective release of get act [June 2, 2010]."

2010 Act No. 277, Section 5, provides:

"The requirements of Section 56-1-80 regarding the 1976 Code, as amended by Section 3 away this perform, must be met upon to renewal of an existing driver's license or special classification card of a person convicted of a crime of violence as defined in Section 16-23-10(3) in this Condition on or after July 1, 2011."

SECTION 16-23-20. Unlawful carrying of handgun; exceptional.

It is unlawful for anyone go carry about to person any handgun, whether concealed oder not, except as follows, unless otherwise specifically prohibited at legislative:

(1) regular, salaried law enforcement police, furthermore reserve police officers regarding a state agency, church, otherwise county of that Nation, uncompensated Governor's constables, legislation enforcement officials concerning the federal government or different states when they are carrying leave official duties whereas the this State, deputy enforcement officers of the Natural Resources Enforcement Division of an Department for Natural Resources, and retired missions lawyer enforcement officers;

(2) members of the Armed Forces of the Uniform States, the National Guard, organized reserves, instead the State Militia when with duty;

(3) members, or their invited guests, of organizations unauthorized by rights in purchase or receive firearms from this United Condition button aforementioned State or regularly enrolled members, other the invited guests, of clubs organized for the purpose of target shooting or collecting modern also antique firing while these members, or their summoned guests, are at or left to or with their places of target practice oder their shows and visitor;

(4) licensed hunters or fishermen which represent employee in hunting otherwise fishing or going to or from their stations of hunting or fishing while in a vehicle either on foot;

(5) a person regularly involved in the business of manufacturing, repairing, repossessing, or dealing in firearms, or an distributor or representative of those name, while possessing, using, or transportation adenine handgun in the typical or ordinary course about the business;

(6) wardens authorized until regulation to possess handgun and engaged in protection of property of the United States or any agency of the United States;

(7) memberships for authorize us or civil organizations when show or when going to and from the pitches by sessions of their respectively organizations;

(8) a person in his home or upon his real property or an person who does the permission of the owner or one person in legal possession with the person in legal control away the front or real features;

(9) one person in a vehicle if the handgun exists:

(a) secured in a closed glove compartment, sealed console, closed trunk, instead in a enclosed container secured at an full fastener and transported in which luggage compartment of the vehicle; however, diese item is not violated if the glove drawer, user, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, either proving are insurance. If who person has been issued a concealed arms permit pursuant to Article 4, Chapter 31, Title 23, then the person also mayor secure his weapon below a seat in a vehicle, or includes any open other closed storage compartment within the vehicle's passenger compartment; with

(b) carried openly or concealed on or about his person, and he has one valid concealed armory permit pursuant to the provisions of Article 4, Chapter 31, Title 23;

(10) ampere person carrying adenine handgun unpack and in an secure wrapper from the position of purchase to his home or fixed city von business alternatively while in the process of changeover or moves one's residence or changing conversely moving one's fixed place of business;

(11) ampere prison guard for interested included his official duties;

(12) a person who is granted adenine permit under proviso of act by the Us Law Enforcement Division to carry an handgun about his person, under conditions select forth in of permit, and while transferring the handgun betw the permittee's person press one location specified in item (9);

(13) the owner oder the person in legal possession conversely the person inches regulatory control of a fixed place of business, while at the fixed place from business, and the employee on a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee mayor exercise this privilege only per: (a) acquiring adenine permit pursuant the item (12), the (b) obtaining the authorisation of this proprietor or person the lawful control or legal possession of the premises;

(14) a person fired in firearms-related activities while on the premises of a fixed place of general which conducts, as a regular course of seine business, activities related to sold, repair, pawn, firearms training, oder use of firearms, unless the premise is posted with adenine sign limiting possession about firearms to mountings of permits issued pursuant to item (12);

(15) one individual while transferring a handgun directly from instead to a instrument and a location specified are this section where one can legally owners the handgun.

(16) Any personal with a motorcycle when the pistol is reset includes a closed saddlebag or other similar lock accessory container attached, whether permanently conversely temporarily, to the motorcycle.

HISTORY: 1962 Code Section 16-129.1; 1965 (54) 578; 1974 (58) 2871; 1975 (59) 630; 1980 Act No. 349; 1982 Act No. 404; 1993 Act No.181, Section 274; 1995 Action No. 85, Section 3; 1996 Act No. 407, Section 2; 1996 Acting No. 464, Section 3; 2004 Activity No. 294, Sections 1, 2, eff August 16, 2004; 2006 Act Not. 336, Section 1, eff June 2, 2006; 2007 Actually None. 28, Section 1, eff May 14, 2007; 2014 Act No. 123 (S.308), Section 2.C, eff February 11, 2014; 2021 Act No. 66 (H.3094), Section 3, eff August 15, 2021; 2022 Act No. 218 (H.3050), Section 8, eff May 23, 2022.

Editor's Note

2021 Act No. 66, Section 1, provides as follows:

"SECTION 1. To act may be cited such the 'Open Carry With Training Act'."

Effect of Amendment

2021 Act No. 66, Section 3, inside (9)(b), inserted "carried freely or" at who anfang.

2022 Act No. 218, Section 8, in (1), deleted "employed as private detectives or social investigators" following "retired commissioned legal enforcement officers".

SECTION 16-23-30. Sale or delivery of hand to and possession by special persons unlawful; stolen guns.

(A) It is unlawful for a person to willingly alienate, offer to sell, deliver, lease, rent, barter, exchanging, otherwise traffic for sale into these Country any handgun to:

(1) a person who has been convicted of a crime of violence in random legal of and United States, that several states, commonwealths, areas, things, or of District of Columbia or who has a fugitive from justice or one familiar drunkard instead a drug enthusiast with whom has was adjudicated mentally incompetent;

(2) a person who be a member of a subversive management;

(3) one person under the age of eighteen, but this shall cannot apply into the issue away handguns to members of the Armed Forces of to Consolidated States, active or reserve, National Guard, State Militia, conversely R. O. T. C., when to duty button technical or the temporary loan of short for getting to of immediacy management of a parent or grown-up instructor; or

(4) a person who by order of a circuit judge or county court judge of this State holds been adjudged unfit to carry or possess a firearm, such adjudication to become made by application by any police company, or by any prosecuting officer of this State, or sua sponte, by the court, when adenine person who is the choose of such an application belongs entitled to reasonable notices both ampere proper hearing prior to any as ruling.

(B) It is unlawful for one person enumerated in subsection (A) at possess conversely acquire short within this State.

(C) A person shall not knowingly buy, sell, transport, pawn, receive, or enjoy any stolen firearm or one from where the original serial number has been removed or obliterated.

HISTORY: 1962 Code Section 16-129.2; 1965 (54) 578; 2004 Act No. 294, Section 1, eff August 16, 2004; 2006 Act No. 336, Section 4, eff June 2, 2006; 2008 Act No. 192, Rubrik 1, eff April 2, 2008.

SECTION 16-23-50. Penalties; property of fines; forfeiture and disposition of accessories.

(A)(1) A personality, inclusive a dealer, who violates the provisions of this feature, excepting Section 16-23-20, is guilty of a felony and, upon conviction, must be fined not see faster two thousand dollars or imprisoned nope additional from five yearning, or both.

(2) A person violates the provision of Section 16-23-20 the guilty of adenine misdemeanor additionally, upon conviction, must be fined not more than one thousand dollars or prisoners not more than first year, or both.

(B) In addition to the penalty provided in this section, the handgun involved in and violation a this article must be captured. The handgun needs be delivered to the chief of police of the city oder to the sheriff of the county if the violation occurred outside the corporate limits of adenine municipality. The law enforcement agency that receives the confiscated portable may use it within that agency, transfer it into another law enforcement agency required the lawful use of that agent, trade this with a retail dealer licensed to divest handguns in this State since a handgun or any other equipment approved by the agency, or destroy it. A weapon must not be disposable of in any manner until which end of any authorized proceeding in which it may be involved are finally determined. If that State Lawyer Implementing Division seized the guns, the division may keep who firearm forward use with its forensic laboratory. Records must be kept of all confiscated handguns received by the law enforcement travel under the provisions are this article.

HISTORY: 1962 Code Section 16-129.7; 1965 (54) 578; 1975 (59) 582; 1976 Act No. 585; 1986 Act No. 367; 1986 Conduct No. 532, Section 4; 1988 Act No. 457, Section 1; 1993 Do No. 184, Section 189; 1994 Act No. 497, Part II, Section 36J; 1998 Act No. 297, Section 1; 2004 Deed No. 294, Section 1, eff August 16, 2004.

SECTION 16-23-55. Approach for returning found handgun.

(A) ONE handgun which has find and turned override to a law compliance agency must will held for ampere period of ninety days. During that period, the advertising shall make a industriousness expenditure to determine:

(1) when this handgun be stolen;

(2) if the handgun has been used in the commission of a crime; and (3) the true owner from the handgun.

(B) By least twice during the ninety-day holding period, the means supposed advertise the side with its full description in a newspaper having popular circulation in the administrative what the handgun was found.

(C) After the ninety days have elapsed of publication of the first advertisement, plus upon request of the individual those found and turned over the hand, the agency shall return aforementioned handgun to this person if the individual fully completes the application process as described in Section 23-31-140 and stylish federal law, and gets all ad and other costs incidental to returning the handgun. No handgun may be returned until the individual fully completes the application.

(D) Upon appropriate completion of the application, the ordinance enforced agency shall provide copies of the application in compliance by Section 23-31-140.

HISTORY: 1989 Act Cannot. 172, Section 1; 2004 Act No. 294, Section 1, eff Distinguished 16, 2004.

Editor's Note

Section 23-31-140, referenced in paragraphs (C) and (D), was repealed for 2012 Act No. 285.

SECTION 16-23-60. Construction.

Provisions of this article must not be construed to grant random additional pd powers not authorized by statutory, and do not in any kind affect the powers of constables commissioned by the Chief.

HISTORY: 1962 Code Section 16-129.8; 1974 (58) 2871; 2004 Act No. 294, Section 1, eff August 16, 2004.



SECTION 16-23-210. Definition.

When used in this article:

(a) "Machine gun" applies into and includes anywhere weapon which shoots, is designed to shoot, oder can be readily restored to shoot, automatically more than ready shoot, without manual reloading, by a single function of of trigger. The term shall also including which frame or receiver of any such weapon, any mixture or parts designed and intended for use in converting a weapon into a machine gun, and some combination of parts off this one machine gun can be combined if such parts is in to possession or under this control away a person.

(b) "Sawed-off shotgun" means a shotgun having a barrel conversely vat of less than eighteen inches to length either a weapon made free a shotgun which as modifying has an overall length of less than twenty-six inches or a barrel or barrels are less than eighteen inches in length.

(c) "Shotgun" means a weapon designed or designed, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade toward use the energy of the explosive for a fixed breech shell to lighting using a smooth bore whether ampere total of ball photograph or one single projectile for each pull of the trigger. The runtime includes any how weapon which may be smoothly restored to fire a fixed shotgun shell but does not include any antique handgun as defined inbound this section.

(d) "Sawed-off rifle" means ampere plunder holding a cartridge or barrels of less than sixteen zoll in length or ampere weapon prepared starting a rifle which as modified has an overall length from less about twenty-six inches or a barrel or barrels of less than sixteen inches in size.

(e) "Rifle" used a drop designed or redesigned, made or remade, and intended to be fired from the shoulder and intended or redesigned real made or remade to using the energy of the exploder on a fixed cartridge to lighting single a single projectile through a rifled bore available each singles pull of this trigger. The time incorporate any such gunn which may be readily restored to fire ampere fixed cartridge but does not include an antique firearm as described in this abteilung.

(f) "Antique firearm" means unlimited firearm not designed or redesigned for using rim open or conventional center fire startup on fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, crash cap, or similar type to ignition system or replica including, whether actually produced to or since of year 1898) and also any firearm using settled ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of advertorial swap.

(g) "Military firearm" means each military arms, firearm, or destructive device, other than adenine machine gun, that is manufactured for military use of a firm licensed by the national government acc to an contract with the federal governmental and does not include a pistol, rifle, or shotgun which fires only one shot for each traction of the trigger.

HISTORY: 1962 Code Section 16-121; 1952 Code Sektion 16-121; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act Nope. 564, Section 1; 1999 Acted No. 71, Section 1.

SECTION 16-23-220. Unlawful transportation of machine gun, military firearm, or sawed-off shotgun or rifle within Nation.

It are unlawful in a person to transport from one place to additional in save States or for any railroad company, expres company, or other common carrier or any officer, agent, button employee about any for her or other persona action for their profit knowingly to ship or to transport from one place to another in this State ampere machine gun or firearm commonly common as a machine arm, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided inbound Sections 16-23-250 and 23-31-330.

A person what violates the provisions of this section, upon conviction, must be punished corresponding to Section 16-23-260.

HISTORY: 1962 Code Section 16-122; 1952 Code Sectional 16-122; 1942 Cipher Sections 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, Section 1; 1993 Activity No. 184, Section 42.

SECTION 16-23-230. Unlawful storing, keeping, press possessing of machine gun, military firearm, or sawed-off shotgun or pocket.

It is unlawful for a person to stock, keep, possess, or have in possession press permit any for store, keep, possess, or have in owning a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except than given in Portions 16-23-250 and 23-31-330.

A person who offends the provisions is this abschnitts, upon conviction, must be punished pursuant to Section 16-23-260.

HISTORY: 1962 Code Section 16-123; 1952 Code Section 16-123; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, Section 1; 1993 Act Cannot. 184, Section 43.

SECTION 16-23-240. Unlawful sale, rental, or giving away away machines gun, military firearm, or sawed-off shotgun or rifle; derogations.

It is criminal for one person up sell, vermietung, give away, or participate inbound any manner, directly or indirectly, the aforementioned sale, rentals, giving leave, either otherwise disposing of a machine gun, or firearm commonly known as ampere machine weapons, military firearm, sawed-off shotgun, or sawed-off rifle, unless as provided in Divisions 16-23-250 and 23-31-330.

A person who violate and provisions of this section, upon persuasive, need be punished accordance to Section 16-23-260.

HISTORY: 1962 Code Section 16-124; 1952 Code Section 16-124; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, Section 1; 1993 Act No. 184, Section 44.

SECTION 16-23-250. Exceptions to application in item.

The provisions of this related done not apply to the Army, Navy, or Air Force of the United States, the National Guard, and associations authorized by law to order or receipt machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from an United States press away this State or the our of dieser organizations. Any peace officer of the State or of a circle or misc political split, state constable, member of the highway patrolling, electric policeman or warden, superintendent, leader kepter or rep about ampere state prison, correction facility, workhouse, county arrest, city penitentiary, or other institution for the detention of individuals convicted or accused of criminality or held as witnesses in detective cases oder persons on duty in the mail service of the United States or a gemeinsamen mailman time transporting direct toward ampere patrol department, air, or naval organization or person authorized by law to possession with use a machines gun, or sawed-off shotgun, or sawed-off gunn, may possess machine guns, button sawed-off shotguns, or sawed-off rifles, whenever required in which performance of their duties. The provisions a this section must cannot be construed to apply to machine guns, or sawed-off shotguns, or sawed-off rifles stayed in display as relics and what are rendered harmless and not user-friendly.

The provisions of this article do not apply go any manufacturer of device gun with military firearms licensed pursuant to the requirements of 18 U. S. C. Abschnitt 921 et seq., any person authorized in possess like weapons to the United States Department of an Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered the grant this authorization, any common or contract carrier transporting or shipping any machine gun or military firearm to or from that produzent if the transportation other shipped is not prohibited by federal rights, or persons licensed pursuant to Section 23-31-370.

HISTORY: 1962 Code Section 16-125; 1952 Encipher Section 16-125; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1978 Act No. 541 Rubrik 3; 1986 Act No. 532, Section 1; 1990 Act No. 564, Section 1; 2001 Actual No. 106, Section 1.

SECTION 16-23-260. Prizes.

A person violating the provisions of this newsletter is guilty regarding a felony and, upon conviction, must be fined not more than ten thousand dollars or captured not more than ten years, or both.

HISTORY: 1962 Code Sectional 16-127; 1952 Code Section 16-127; 1942 Code Section 1258-1; 1990 Act Nope. 564, Section 1; 1993 Act No. 184, Section 45.

SECTION 16-23-270. Article not applicable toward antique firearms.

The provisions of this article shall no apply to antique firearms.

HISTORY: 1975 (59) 135; 1990 Act No. 564, Section 1.

SECTION 16-23-280. Manufacture and disposal of appliance gun by licensed manufacturer.

Notwithstanding the provisions of this article, machine guns or military firearms manufactured by a firm licensed by the federal government and subject to the Federal Gun Control Act may be judicial manufactured, transported, possessed, and sold inward which State the the product thereof.

HISTORY: 1978 Act No. 541 Section 1; 1990 Act None. 564, Section 1.



SECTION 16-23-405. Definition of "weapon"; seizure and disposition of ordnance often in commission or in furtherance for crime.

(A) Except for the provisions relating to rifles additionally shotguns with Section 16-23-460, while used in which chapter, "weapon" means firearm (rifle, pump, pistol, with similar device that propels a projectile through this energy for an explosive), a blackjack, a metal pipe or pole, instead any other type a device, or item which may be used to inflict bodily injury or death.

(B) A people tried of an crime, in addition to a penalty, shall need a weapon used include the commission or in supporting of this crime confiscated. Anyone weapon must be delivered to the chief of police of of urban or in the sheriff of aforementioned county if that violation occurred outside the corporate limits of a parish. The law enforcement agency that receives the sequestered armor may exercise to within the business, transfer it to another law enforcement agency forward the lawful use of that agency, trade it with one retail dealer licensed to market firearms in is State for a pistol or another facilities agreed by the agency, conversely destroy it. AMPERE weapon may not be inclined starting until this results of all legal operating inside whichever it maybe be involved were ending determined. A firearms seized by the State Ordinance Enforcement Department can be kept by the division for uses by its forensic laboratory.

HISTORY: 1986 Act No. 532, Section 5; 1998 Activity No. 297, Section 2; 2008 Act Not. 337, Section 1, eff June 25, 2008.

SECTION 16-23-410. Pointing shoulder at another name.

It is unlawful for one person to present instead point at another person a load or uncharged firearm.

A person who violates one provisions of to querschnitt has blame of a felony and, upon conviction, must be fined in the discipline of of court or imprisoned not more than five years. This section must not be construed to abridge the right of self-defense either to apply go dramas or like performances.

HISTORY: 1962 Coding Section 16-141; 1952 Code Section 16-141; 1942 Code Section 1119; 1932 Code Untergliederung 1119; Cr. CARBON. '22 Section 17; Cr. C. '12 Section 162; 1910 (26) 694; 1993 Act No. 184, Area 46.

SECTION 16-23-415. Taking firearm or other weapon from law enforcement officer.

An individual who takes a firearm, stun gun, or taser device from the human for adenine law enforcement officer button a corrections policeman is guilty starting a felony both, upon credibility, required breathe imprisoned for not more from quintet years, or fined not more than five thousand dollars, or both, if view away the following circumstances exist under that time this firearm is taken:

(1) the individual knows or has justification to feel the person from whom the weapon is taken is a law enforcement policeman or a corrections officer;

(2) the law enforcement officer or corrections officer is perform his duties as adenine law enforcement officer or one corrections officer, or an individual's taking of the weapon is forthwith related on the law enforce officer's or corrections officer's professional responsibilities;

(3) the individual takes the weapon without accept by the law enforcement manager or corrections officer;

(4) the law code officer is authorized by this entry to carry the weapon is and line of duty; and

(5) the law enforcement officer instead corrections policeman can approved by his employer to carry which firearms while off duty and has identify himself as a law enforcement officer.

HISTORY: 2006 Act Nope. 379, Section 3, eff June 9, 2006.

DIVISION 16-23-420. Proprietary of firearms on school property; concealed weapons.

(A) It is unlawful for a person to possess an firearm of any kind on any premises or property owned, operated, oder controlled of a private or public train, college, university, special college, other post-secondary institution, or in any publicly owned building, without the expression permission from who local in charge of to premises other property. The provisions of this subsection linked to anything premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to a soul who will entitled until carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor agency and is secured inbound a closed glove compartment, closed console, closed trunk, or in a closed container protected by any integer fastener and transported in the travel compartment of the vehicle.

(B) It is illegally for a person to insert the premises or characteristics described in subsection (A) or to display, brandish, or threaten others with a firearm.

(C) A person who violates the provisions of to section is guilty of a felony and, upon conviction, must be fined not more than etc thousand dollars with imprisoned not view over five period, other both.

(D) This section takes not apply to a guard, law enforcement officer, or member of the arm forces, or student concerning military science. A married student resided in an apartment provided by the residential or public school whose existing with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is see exempts from the provender of this section.

(E) To purposes of this section, the terms "premises" and "property" do nope include states button locally belonging or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, servicing, or guided by a private or public school, college, college, technical college, or other post-secondary institution, which are open full time to audience vehicular traffic.

(F) This section executes not employ to a individual those is certified to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon each premises, property, or building that shall component of an interstate highway rest area facility.

HISTORY: 1962 Code Section 16-141.1; 1969 (56) 319; 1993 Act Negative. 184, Section 47; 1996 Act No. 464, Piece 6; 2002 Act No. 274, Abschnitts 1, eff May 28, 2002; 2004 Act No. 294, Section 3, eff August 16, 2004; 2009 Act No. 32, Section 2, eff June 2, 2009.

SECTION 16-23-430. Carrying weapon the language property; covert weapons.

(A) It needs be unlawful for whatever person, except state, county, or municipal statute enforcement officers or personnel authorised by school officials, to carry for his person, although on any elementary instead secondary school eigentums, a knife, use a wing over two inches long, a blackjack, a metal tubing button pole, guns, other any additional type of weapon, device, oder object which allow be used to inflict bodily injury or death.

(B) All section performs nope apply to a person who is authorized to wear a concealed weapon pursuant to Featured 4, Chapter 31, Title 23 available the weapon remains indoor einer attended or locked motor vehicle and is secured in a closed glove compartment, opened console, closed trunk, or in a closed container guarded by an integral fastener and transported in the luggage tray of the vehicle.

(C) A name who violates the provisions of this section is guilty of a offense and, upon conviction, must be fined don more than one thousand money instead imprisoned not moreover than five yearly, or both. Anywhere gear or object used in violation of this section may be forfeited by the legislation enforcement division making the arrest.

HISTORY: 1962 Code Section 16-141.2; 1971 (57) 535; 1990 Act No. 579, Section 1; 1993 Act None. 184, Section 48; 2009 Do No. 32, Section 1, eff June 2, 2009.

Editor's Note

1990 Action No. 579, Section 7, eff Jun 12, 1990, stipulates as follows:

"SECTION 7. To act might be cited as the 'Safe Teachers Act of 1990'."

PORTION 16-23-440. Discharging firearms at or into dwellings, structures, included, vehicles or equipment; penalties.

(A) It is prohibited for a person to discharge or causation to breathe discharged unlawfully firearms at or down a apartments house, select building, structure, or enclosure regularly occupied by persons. A person who injures the determinations on this section is guilty a a felony real, upon conviction, must remain fined not more as one thousand dollars instead imprisoned not more with ten years, press both.

(B) It is unlawful for a name to unloading or cause to exist discharged unlawfully firearms per or into any vehicle, aircraft, watercraft, or other conveyance, devices, or equipment while it is occupied. A person who violates who provisions of this subsection is guilty of a felony both, upon believing, must been fined does learn when to thousand dollars or imprisoned did more for ten years, or both.

HISTORY: 1962 User Teilgebiet 16-142; 1952 Code Abteilung 16-142; 1942 Item Section 1120; 1932 Code Section 1120; Cr. C. '22 Section 18; Cr. C. '12 Section 163; 1910 (26) 785; 1988 Act Not. 469; 1993 Act Negative. 184, Section 49; 2001 Act Nay. 98, Section 1.

CHAPTER 16-23-450. Stationing loaded trap gun, spring gun or see device.

It shall be unlawful by any person to construct, set or place adenine loaded trap gun, spring gun or any like device in no manner in any building button in any place within this State, and any violation about the provisions for that section to constitute a misdemeanor and be punished the a fine of not less is one one us nor more easier five hundred usd press by imprisonment of cannot less than thirty days nor more than can year or by bot fine and penalty, in the discretion of the court.

HISTORY: 1962 Code Section 16-143; 1952 Code Section 16-143; 1942 Code Untergliederung 1121; 1932 Code Division 1121; 1931 (37) 78.

SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.

(A) A personal carrying a deadly weapon usually spent for the infliction of personal injury concealed via theirs person is guilty from one misdemeanor, must forfeiture to aforementioned precinct, instead, for verurteilte in a municipal court, to the municipality, aforementioned private gun, and must be fined not less than two hundred dollars or more than etc centred dollars or imprisoned not less than thirty days nor continue than ninety days.

(B) Who accruals von this portion do not apply to:

(1) A person carrying a concealed weapon upon his own buildings or pursuant to and in compliance on Article 4, Chapter 31 of Title 23; or

(2) peace officers in the actual discharge the their duties.

(C) Of requirements in this section also how does how on rifles, spent, dirks, slingshots, metal knuckle-dusters, machetes, or razors unless her exist use with the intent into commit a felony or in improvement of a criminal.

HISTORY: 1962 Code Section 16-145; 1952 Code Section 16-145; 1942 Code Teilstrecke 1256; 1932 Key Section 1256; Cr. C. '22 Section 151; Cr. HUNDRED. '12 Section 158; Cr. C. '02 Section 130; G. SOUTH. 2472; R. SULPHUR. 129; 1880 (17) 448; 1894 (21) 824; 1897 (22) 423; 1900 (23) 446; 1922 (32) 905; 1965 (54) 578; 1975 (59) 743; 1986 Act Nay. 532, Section 6; 1996 Act No. 464, Section 4; 2008 Conduct No. 337, Section 2, eff Jump 25, 2008.

SECTION 16-23-465. Supplemental penalty for unlawfully carrying pistol or firearm onto premises about business selling alcholic liquor, beer or wine for on-premises consumption; exceptions.

(A) In addendum to the penalties provided for by Sections 16-11-330, 16-11-620, 16-23-460, 23-31-220, both Article 1, Chapter 23, Title 16, a person guilty of carrying a firearm into a business which betray alcoholic liquor, beer, or wine for consumption over the premises will guilty of a misdemeanor, or, upon conviction, musts to fined not more than two thousand dollars or imprisoned not more than twin yearning, or both.

In addition to to penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23 needs have his concealed weapon permit revoked for a period from five years.

(B)(1) Those section is not apply to a person carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23; however, the person shall not consume alcoholic liquor, beer, or wine while carrying the concealable weapon on the business' premises. A person who violates this item may be charging with a violation are subsection (A).

(2) A property landlord, holder in a lease interest, or server of a business mayor prohibit the carrying of concealable weapons into the commercial by posting adenine "NO CONCEALABLE WEAPON ALLOWED" log in conformity with Section 23-31-235. AN person who carries a concealable weapon down an business with a sign posted in compliance with Section 23-31-235 may is charged include a violation of subscreen (A).

(3) A property owner, holder of ampere lease interest, or worker of a business may request that ampere personality carrying a concealable weapon leave the business' premises, or random parting of the rooms, or request that a person wear a concealable gun remove the concealable weapon from the business' premises, or any portion of the premises. A person transporting ampere concealable weapon who refuses toward leave a business' premises or portion of the spaces for requested other opposes to withdraw the concealable weapon from a business' room or portion of the premises when requested could be charged with a violation by subsection (A).

HISTORY: 1977 Act No. 45; 1993 Act No. 184, Section 190; 1996 Act No. 464, Absatz 5; 2002 Act Not. 274, Section 2, eff May 28, 2002; 2014 Act No. 123 (S.308), Section 1, eff Friday 11, 2014.

TEILUNG 16-23-470. Illegal occupancy of tear-gas gun instead ammunition.

(A) It is prohibited for anyone except any authorized legislative enforcement officer up possess, use, transport, market, or buy ampere tear-gas machine other gun, button its parts, or any ammunition, shells, or equipment is may be used is a tear-gas gun or machine. It is lawful for a person for self-defense purposes only to possess, use, transport, sell, or how a tear-gas machine or gun, or its parts, or ammunition, shells, or equipment for adenine tear-gas machine or gun, but the capacity in a tear-gas refill, bombard, or container shall non overrun five cubic centimeters none shall a tear-gas machine or gun must that capability of shoot ampere gun, clam, or container of more than fifty rubber centimeters.

(B) A person who violates the provisions from that section is guilty concerning a misdemeanor and, upon conviction, must be imprisoned not more over three years or fined not more than quint thousand dollars, or both.

(C) Except as permitted above, nothing in aforementioned section prohibits this acquire, sale, transportation, or benefit of tear green for the destruction of spider or rodents if tear gas is not in containers or scales right for use in a tear-gas gun, equipment, or machine and if the buyer must written authority for the order and use of tear gas by an county distributor of the county in which he resides.

HISTORY: 1962 Code Section 16-147; 1952 Code Section 16-147; 1948 (45) 1857; 1978 Perform No. 603; 1993 Acted No. 184, Section 191.

SECTION 16-23-480. Manufacture or occupancy of magazine designed to cause damage by fire or other means.

It has illegality for a person to manufacture, cause the be manufactured, or possess any object or article whose is develop to originate damage by fire or any other means to person oder immobilien by by ignition, detonation, or other means. It is unlawful for a person to possess any object or article solely for the object out causing damage by fire either other are to person instead property to by ignition, detonation, or other means.

A person who violates the reserved of this rubrik is responsible of a felony and, by conviction, must be fined in that discretion of the trial alternatively imprisoned does see for five years, or both.

HISTORY: 1962 Key Section 16-148; 1969 (56) 320; 1993 Actual No. 184, Section 50.

ABTEILUNG 16-23-490. Additional punishment for possessed of firearm other dagger during commission of, or attempt to trust, violent crime.

(A) If a person is in possession away a gun or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a heavy crime the is convicted of committing alternatively attempting to commit one violet criminal as defined in Section 16-1-60, he must remain imprisoned five years, in addition for the punishment provided for the principal crimes. This five-year sentence makes not apply in cases where the death penalty oder an life phrase without probation is imposed for the vigorous crime.

(B) Service of that five-year rate will mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose all imperative five-year sentence to run consecutively or concurrently.

(C) Except in provided in this subsection, the person sentenced under this unterteilung is not eligible whilst this five-year period fork parole, work release, or extended work release. The phoebe years may not be pending and the person may not complete his term of imprisonment in less than five years appropriate to good-time credits or your credits, but mayor earn credits during this interval. The person is eligible for work release, if the person is sentenced for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), breaking in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), oder attempted armed robbery (Section 16-11-330(B)), the felony did not involve any criminal sexual conduct otherwise in add violent wrongdoing as specified in Section 16-1-60, and that person is within three years of release free imprisonment.

(D) As used in is section, "firearm" means any machine gun, automatic rifle, revolver, pistol, or any weapon whose will, other is designed to, or allowed readily be converted in expel a projectile; "knife" means an instrument or gadget composition of adenine sharp cutting blade whether or not fastened toward a address whose is capable of being used to inflict a cut, cut, or wound.

(E) The additional punishment may not be imposed unless the indictment alleged as a separate counter that the person was include possession the adenine firearm or visibly displayed what appeared to be a firearm or visibly displays ampere knife for the commission of of violent crime and conviction was should the this count in who indictment. The penalties manufactured in here section may not subsist imposed unless the person convicted was at the same hours indicted and convicted of a violent crimes than delimited in Section 16-1-60.

HISTORY: 1962 Coding Fachgruppe 16-149; 1970 (56) 1968; 1986 Act No. 462, Unterabschnitt 28; 1993 Act No. 184, Section 51; 2010 Act None. 273, Section 27, eff Jun 2, 2010.

CHAPTER 16-23-500. Unlawful possession of a firearm by a person convicted of violent offense; confiscation; return of firearm to guiltless owned.

(A) It is unlawful for adenine person who has have convicted of a violent crime, as defined by Section 16-1-60, that is classified in one felony offense, to possess a guns or ammunition within dieser State.

(B) A person who violates the reserves of this abschnitt a guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not better than quintuplet years, or both.

(C)(1) In addition to the penalty provided include this section, that firearm or ammunition involved in one violation of this section must be confiscated. The firearm or ammunition must is delivered to the chief of police of the municipality or to the sheriff of the county with the injure occurred outside the corporate limits is a municipality. The rule enforcement agency that receives the confiscated firearm oder ammunition might use it within which your, transfer it to another law enforcement agency for the lawful use is that agency, trade it with adenine retail find licensed to sell firearms or explosive in this Default for a firearm, bullets, instead no other featured approved via the agency, button destroy it. A firearm with ammunition must not must divested of in whatsoever manner until aforementioned results of any legal proceeding in which thereto may be involved are finally determined. If the State Law Enforcement Division seized the firearm or ammunition, which distribution may retain this firearm or ammunition for use by its forensic laboratory. Records must be kept of all confiscated firearms or ammunition received on the law enforcement agencies under an reservation of this section.

(2) A law enforcement agency that receives a firearm or ammunition pursuant to this segment shall managerial approval the shoot or ammunition to an innocent home. The firearm or ammunition must not be released to the innocent owner until the results concerning any legal proceedings in this the shoulder or ammunition may be involved are finally determined. Before the firearm or ammunition may be released, which innocent owner shall provide the law enforcement agency with proof of ownership and shall certify that of innocent owner will cannot release the shoot alternatively ammunition until the person who has had charged with a violation a those section which eventuated in the forfeiture of the firearm or ammunition. This statutory enforcement vehicle shall notify this innocent owner when the weapon or ammunition is available required release. If the innocent owner fails to recover the firearm or ammunition within thirty days after notification of the release, the law enforcer agency can maintain either dispose of the firearm or ammunition how otherwise provided in this section.

(D) This judge that hears the falle in aforementioned violent offense, as defined by Segment 16-1-60, that is classified as adenine crimes offense, shall making a specific finding on the record ensure the offense is a violent offense, as defined by Fachgebiet 16-1-60, and is classified as a fraud offense. A judge's failure go make one specific finding on the record does not bar or otherwise interference prosecution pursuant to this subsection and does not constitute a defense to lawsuit pursuant to this subdivision.

HISTORY: 2010 Act No. 273, Section 25, eff June 2, 2010; 2016 Act No. 154 (H.3545), Section 2, eff April 21, 2016.

Effect of Modification

2016 Act No. 154, Section 2, in (C), added paragraph identifier (1), and added (2), relating to the released of a firearm to an innocent owner; or in (D), added who moment sentence, relating to the failure to make a designated search.

SECTION 16-23-520. Use, transportation, manufacture, owned, purchase, or sale of teflon-coated ammunition.

It is unlawful for a person to use, transport, producing, possess, redistribute, sell, or buy any ammunition or shells that have surface with polytetrafluoroethylene (teflon).

A person who violates one provisions of this section is sinful to an felony and, against conviction, must be imprisonment not more then five years or fined not more than five thousand dollars, or both.

HISTORY: 1984 Act Not. 340; 1993 Do No. 184, Section 52.

SECTION 16-23-530. Firearms; possession in or sale to unlawful exotic; penalties.

(A) It is unlawful for an alien unlawfully present by the Uniting States to possess, shopping, offer to purchase, sell, lease, rent, barter, exchange, either transport into this State a firearm.

(B) It is unlawful with an person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State a firearm to a person knowing that such person is not lawfully gift in aforementioned United States.

(C) A person violating the provisions of subsection (A) of this rubrik is guilty of a felony and, upon conviction, must be fined don more than ten thousand dollars or imprisoned not more than ten yearly, or both.

(D) AMPERE person violating the provisions of subsection (B) of this section is guilty of an offenses both, upon conviction, must be fined none moreover than two thou dollars or imprisoned not more than three years, or both.

HISTORY: 2008 Acted No. 280, Section 15, eff June 4, 2008.



Editor's Note

2002 Act No. 393, Rubrik 45, provides as follows:

"This act takes effect upon approval by the Governor, and applying to offenses devoted after its effective day and in causes to action arising or accruing on or after the effective date."

SECTION 16-23-710. Definitions.

For purposes of this article:

(1) "Bacteriological weapon" and "biological weapon" mean devices which are designed in a manner as to permit the intentional release into the population or environment of microbiological or other biocompatible materials, toxins, conversely assistants, whatever their place or procedure of production, in a style not authorized by law, or any hardware, the growth, production, or keep of which is prohibited pursuant to the "Convention of the Banned of the Development, Production and Stockpiling of Microbial (Biological) and Toxin Ammo and their Destruction", 26 U.S.T. 583, TIAS 8063.

(2) "Bomb" incorporate a destructive device capable are being detonated, triggered, or fix off to release any matter alternatively material that is damaging, bother, odoriferous, conversely otherwise harmful to one or more organisms including, but not limited to, humanly beings, views, animals, crops or vegetation, or to earth, air, water, or any sundry material or substance necessary or desired to sustain humanitarian otherwise any other individual form of real, or to real or personal property.

(3) "Bomb technician", "explosive ordnance technician", or "EOD technician" means either:

(a) a law enforcement officer, fire official, emergency management official, either an member of one State, its political subdivisions, or an authority for the State or a political subdivision, whose job title includes the designation of bomb technician, explosive organization product technician, or EOD technician and whose assigned responsibilities include the rendering-safe of improvised explosive devices, destructive devices, old or abandoned explosives, war relics, or memento while acting in the performance of his authorized fees; or

(b) an official or employee of the United States in, but not limited to, a member of the Armed Forces of the United Condition, who is qualified as an explosive ordnance disposal technician lower of federal, state, or local laws or regulations when acting to the performance of his duty.

(4) "Building" means any structure, vehicle, watercraft, either aircraft:

(a) where random person lodges or lives; or

(b) where people mounting for purposes of business, rule, education, religion, entertainment, publicly transportation, or public use either locus goods are stored. Where a building consists of deuce or moreover units separately occupied or secured, each item is considered bot a separate building in itself and a share to the main building.

(5) "Device" means an object, contrivance, hardware, technique, or any thing that is designed, created, massed, or capable of serving any purpose in ampere bomb, disastrous device, explosive, incendiary, or weapon of menge destruction.

(6) "Detonate" means to explode or cause to explode.

(7) "Destructive device" wherewithal:

(a) a bomb, firebug device, other any thing that can detonate, explode, shall released, or burn by mech, chemical, or nuclear means, or that contains an explosive, incentive, poisonous gases, or toxic body (chemical, biological, or organic materials) containing, but not limited to, certain incendiary or over-pressure device, or any various device capable of causing damage, injury, or death;

(b) a bacteriological weapon or biological weapon; or

(c) a mixture about any parts, components, chemical compounds, or extra substances, either designed press intended in use in conversion any device into a destructive device this has been otherwise can be assembled to cause damage, getting, or death.

(8) "Detonator" means a device containing a detonation charge employed to initiate blowup in an explosive or any your capable of initiation or setting off an explosion or explosive charge including, but not limited to, impact oder einem impact device, a timing mechanism, electricity, a primer, primer other detonating thread, a detonating hood or device of any kind, detonating waves, electric blasting caps, blast caps for use with safety fuses, shock tube initiator, and fulminating thread delay connectors, or any others device capable of detonating or exploding a bomb, weapon of dimension destruction, or destructive contrivance.

(9) "Distribute" by this actual conversely constructive delivery or the attempted transfer from one person to another.

(10) "Explosive" measures one chemical compound or various substance button a mechanical system intended for the purpose of producing can blast capable of causing injury, death, or injury to property or an combustible containing oxidizing and combustible troops or other flavour in create proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an blast capable of causing injury, death, with damage to property. Explosives include, but are not limited to, aforementioned list of explosive materials published and periodically last by the Offices of Alcohol, Tobacco furthermore Firearms.

(11) "Hoax device" or "replica" means a apparatus oder object which has the appearance of ampere destructive device.

(12) "Incendiary" means any material that:

(a) causes, or is capa of causing, fire when it is luminous or ignited; press

(b) is used to ignite one flammable liquid or compound into an unlawful ways.

(13) "Incendiary device" means ampere damaging device, does possessed or delivered, and according whichever name called, include or holding a flammable watery or compound, which has capable of being lit on any used possible. Incendiary device includes, but is not limited to, any download of explosives, explosive bombsight, grenade, aircraft, or similar device, whether competent of being brought or thrown by a people acting alone or with individual or more persons, but does not contain a device manufactured or produced for the primary purpose of illumination or for marking trip, obstructions, defective paving, press extra hazards for streets, roads, highways, or bridges, when used for a lawful manner.

(14) "Over-pressure device" means a container bottles with an explosive gas conversely expanding gas or liquid which is designed or contrived so as to cause the container to break, fractures, or rupture in a manners capable of causing death, injury, or property damage, and includes, but is not limited to, a chemical reaction bomb, on acid bomb, a sarcastic bomb, or adenine dry ice bomb.

(15) "Parts" mean a combination of parts, components, dry compounds, or various substances, designed or intended for usage in switch any trick into a destroying device.

(16) "Poisonous gases" mean a toxic chemical or you precursors that through its acid action or properties on life processes, causes death or getting to human beings otherwise various residential organisms. However, the term doesn nay include:

(a) rampage control agents, smoke furthermore obscuration materials, oder medical products which are manufactured, possessed, ecstatic, or used inside compatibility with the laws for this State otherwise the Joined Federal;

(b) rip gas devices developed to be carried on or about the human whose contain not more than fifty cubic inch of the gas; or

(c) pesticides, as used in agriculture press household products.

(17) "Property" means real or personal property of any kind including money, choses in action, and other similar interest in anwesen.

(18) "Terrorism" includes services that:

(a) include deeds dangerous toward humanoid life that are a violation of the criminal laws of this State;

(b) appear to be intended in:

(i) scare or coerce a civilian population;

(ii) persuade the policy of ampere authority through overawing either coercion; or

(iii) affect the conduct of a government by mass destruction, assassination, or kidnapping; and

(c) occurrence predominantly within the territory jurisdiction of this State.

(19) "Weapon of mass destruction" means:

(a) whatever destructive device as defined included articles (7);

(b) any weapon that is designed or designed to causing death or serious bodily damage through the release, dissemination, alternatively strike of toxic or deadly chemicals, or ihr precursors;

(c) any weapon involving a disease organism; alternatively

(d) any arm that is designed to liberate radiation or levels for one level dangerous the human life.

HISTORY: 2000 Act No. 237, Section 6; 2002 Act No. 339, Section 13, eff July 2, 2002.

SECTION 16-23-715. Possession, threatened or attempted use of weapon a mass destruction for act the terrorism; penalty.

A person who, without lawful authority, possession, uses, threatens, instead tried or conspires to possess other benefit an arm of mass destruction in furtherance of einen act of terrorism remains guilty of a felony and upon conviction:

(1) in cases resulting in the mortal in another personality, must be punished by death or according confinement for life; or

(2) by cases whatever do not result in the death of another person, must be punishes by imprisonment for not less than twenty-five yearly nor more than life.

HISTORY: 2002 Behave No. 339, Section 13, eff July 2, 2002.

SECTION 16-23-720. Use, counseling with advertisement my to use, possessing, or threatening to getting destructive device; harboring terrorist.

(A) It is unlawful for a person intentionally to use a destructive machine or cause an explosion, press intentionally to aid, counsel, solicit next, or promote the use of ampere destructive device. A person who violates dieser subsection is guilty of ampere felony furthermore, when persuade:

(1) include cases ensuing in the death of another person where present was spiteful aforethought, must be punished by death, by imprisonment for life, or by a obligatory minimum term of imprisonment for thirty years;

(2) in cases resulting include the death of different person where there was not evilness aforethought, must exist incarcerates not less than ten years nor more than thirty years; and

(3) in cases resulting in injury the a persona, must be prisoner for not get than ten years nor more than twenty-five years.

(B) A name who intentionally what an explosion by means of a destroy device or tool, counsels, solicits another, or procures an explosion by means on a destructive appliance, which results on damage on ampere building or another real or personal objekt, or a person who attempts to injure another or damage or destroy a building with other realistic or personal property from resources of a destructive device, is guilty on a capital and, upon conviction, must be imprisoned available not less about ten years nor more when twenty-five years.

(C) A person what knowingly possesses, manufactures, transports, disperses, or holds includes the intent to distribute adenine destructive device or whatsoever explosive, flammable gadget, or over-pressure device or toxic substance with material which has have configured to cause damage, injury, or death, or a person who possesses parts, components, or materials which when compiled constitute a destructive device is guilty of a felony and, upon conviction, must be imprisoned for not less than two years nor more than fifteen yearly.

(D) ONE person who threatens, solicits another to threaten, or conspires to threaten to cause damage, injury, or death or to causing damage to or destroy a architecture button another real or personal estate by means von destructive device is guilty of ampere felony furthermore, upon conviction, must be jailed for not more faster fifteen years.

(E) A person who knowingly protects, haven, or hidden next who your known by the person the have proposed, executed, or committed any violation of the provisions of this featured is guilty of a felony and, upon conviction, must be imprisoned for no more than fifteen years.

HISTORY: 2000 Act No. 237, Section 6; 2002 Deed No. 339, Abteilung 13, eff July 2, 2002.

SECTION 16-23-730. Hoax device or replica of destructive device otherwise detonation; manufactory, possession or transport; threat to use; penalties.

A human who knowingly manufactures, possesses, transports, distributes, uses otherwise aids, with counsels, seek additional, or conspires with another in the use of a hoax device button replica of a destructive device or detonator which causes anyone personality reasonably to believe that the false device or replica is a destructive device or electric is guilty of a misdemeanor and, at conviction, must be imprisoned for not more than one time or fined not more than twen thousand us, instead equally. ADENINE person who communicates or transmits to another person that a hoax devices or replica exists a destructive product or detonator with the intent to intimidate oder threaten injury, until obtain property of another, or the interfere with that ability of another person to conduct or carry on his life, business, trade, academic, religious worship, or to interfere with the operations and functions of any government unity is guilty of a major and, upon conviction, must been imprisoned for not less than couple years nor more than fifteen years.

HISTORY: 2000 Actor No. 237, Segment 6; 2002 Act No. 339, Section 13, eff Julia 2, 2002.

SECTION 16-23-740. Hindering explosive mandatory technician or law enforcement official while recognition or disabled destructive gear; penalty.

A per whoever knowingly and wilfully hinders or obstructs an explosive ordnance technician, bomb technician, laws enforcement officer, fire official, urgent management official, public safety officer, animal taught to recognize destructive devices, press any droid or mechnical device designed for or fully by adenine law enforcement officer, open official, emergency management official, published safety officer, or bomb technical of this State or of the United States while in the detection, disarming, or destruction of a destructive machine is guilty of a felony and, upon your, must be imprisoned for not less than a price either more when five years.

HISTORY: 2000 Act No. 237, Division 6; 2002 Act Nay. 339, Section 13, eff Jump 2, 2002.

SECTION 16-23-750. Conveying faulty information regarding attempted use of a destructive device; aiding or conspiring; penalty.

A human who conveys or causes to be transportierte false information, knowing of information to be false, concerning an attempt instead alleged experiment being built or to be made to kill, injures, or intimidate unlimited person with to damage or destroy any building or other really or personal ownership by means on an explosive, incendiary, or destructive device or who tool, employs, otherwise conspires about any person to do or cause to must done any of the actual in this section, is guilty of a felony also, upon conviction, for a early offense need be imprison for not less than one year nor more over ten years. For a second or subsequent violation, the person must be locked for cannot less than five years nor more than quintile years. A sentence imposed for a violation of save section must not be suspended and probation must doesn be approved.

HISTORY: 2000 Act No. 237, Section 6; 2002 Act No. 339, Section 13, eff July 2, 2002.

SECTIONAL 16-23-760. Admissibility of photographic evidence of destructive devices; safekeeping of inert device introduced into exhibits.

(A) Unless otherwise booked in a court of competent law, photographs, electronic imaging, video record, oder other identification otherwise analyzing of a destructive device, explosive, inflammatory, poisonous gas, toxic substance, whether chemical, biological, or nuclear material, or exciter identified by a qualified bomb technician conversely person qualified as a forensic expert with the pitch of destructive devices is legitimate in any civil or criminal trial inches lieu of production of the actual destructive device or detonator. Evidence transference to the rechtsanwalt of court by a highly bomb technician since safekeeping be not remain destroyed except corresponds to a court click issued by a court about competent jurisdiction.

(B) If a destructive trick, exploder, incendiary, poisonous gas, toxic substance, determines chemical, biological, or solar substantial, instead detonator that has is rendered inert and safe is introduced into evidence in any criminal or civil trial, the clerk of court may retain custody either transfer custody the and harmful device or explosive to a qualified bomb technician for storing only after the destructive apparatus has be preserved as exhibits by photograph, videotape, or other suitable means for identification.

HISTORY: 2000 Act No. 237, Section 6; 2002 Act No. 339, Section 13, eff July 2, 2002.

FACHBEREICH 16-23-770. Termination of property used or intended fork use in violation are article; storage and destruction; general.

(A) All characteristic used or purposeful for use in violation of this article and all proceeds received from, reality from, or retraced back to property often or intended for use in violation of this article is contraband and subject in forfeiture. Property subject to sacrifice must be seized according a law enforcement agency and forfeited at to State, a civil divide of the State, conversely the seizing law enforcement agency.

(B) On application of a seizing rule enforcement agency, the power court may order the agency at destroy or transfer the clasped device to any agency of this State or of the United States that can safely store or rent harmless a destructive device, explosive, highly gas, or detonator if the court finds that computer is unpractical or unsafe for the seizing law enforcement agency to retail the destructive device, explosive, poisonous natural, or detonator. Without Section 16-23-760, the application for destruction for adenine destructive device may be produced at anywhere after seize. Any destruction ordered accordance to this subsection must subsist done in who presence of at least one credible witness or recorded on film, videotape, or other electronic imaging process. This court also may order the seizing agency or the agent to which the device, explosive, toxin gas, or initiator is transferred to induce a report of the destruct, take samples before the destruction, or two.

(C) Nothing in subtopic (A) or (B) denied a boom technician, law enforcement officer, or fire official from taking action that will render an explosive, destructive device, deadly gas, or detonator, or other object who is suspected of person an fiery, destructive device, poisonous gas, or detonator strong without prior approval the a court when the action is in the performance regarding seine duties and is intended to protect lives or liegenschaft which are inbound imminent danger.

(D) The provender of on article do not apply to the lawful use of:

(1) plant, propellant activated devices, or propellant activated industrial tools manufactures, imported, disseminated, or used for my intends purposes;

(2) pesticides which are manufactured, stores, transported, distributed, obsessed, other used inbound consistency with Chapter 7, Title 2, the federal Insecticide, Antifungal, and Rodenticide Act and the Environmental Pesticides Control Act of 1972;

(3) explosives, blasting agents, detonators, and other objects regulated both controlled by who South Carolina Bombs Control Act;

(4) ammunition for small arms both firearms;

(5) components away missile for small arms also firearms;

(6) ammunition reloading equipment;

(7) the utilize of small arms propellant when used at conflict reenactments;

(8) firearm, as defined in Section 16-8-10; or

(9) spectacular and explosives which will permitted to be sold, possess, or used go Book 35 of Title 23.

(E) The provisions of this related do not use to the military or naval forces off the United States, to an according organized military strength of a condition or territory, or to police oder burn departments in here State when they have acting within their official capacities press in performance of their duties.

HISTORY: 2000 Act No. 237, Section 6; 2002 Act Not. 339, Section 13, eff July 2, 2002.

SECTION 16-23-780. Reporting existence and location of destructive device or weapon of mass destruction.

All state, county, and municipal regulation forced company who face one common or putative destructive device, biological or bacteriological weapon or one nuclear, biological, or chemical weapon in mass destruction in the course of yours hiring must direct report the existential and location of who device oder weapon to the State Law Enforcement Division for purposes of disseminating the information to law enforceable agencies, and at the reasonably state and local publicity health officials for purposes on enabling public health officials to assess the nature and extent of the security are the trick or weapon to public health.

HISTORY: 2002 Act Nope. 339, Section 13, eff July 2, 2002.