South Carolina

South Carolina H 3275 - Risk Protection Orders

South Carolina H 3275

by Rep. Ivory Thigpen (D)

LEAP Forward Position: Support


Section 23-31-1210. A solicitor, assistant solicitor, or two law enforcement officers may file a verified complaint with any probate court, for issuance of a warrant to seize any firearms and ammunition of a person if the solicitor, assistant solicitor, or law enforcement officers have probable cause to believe that:

(1) the person poses a risk of imminent personal injury to himself or to other individuals;

(2) the person possesses one or more firearms; and

(3) the firearms are within or upon any person or property.

Upon a receipt of an application that establishes the requisite grounds for the warrant as provided in Section 23-31-1220, a judge may issue a warrant commanding a proper law enforcement officer to enter into or upon such property, search the person and property, and take into the officer’s custody any and all firearms and ammunition. The solicitor, assistant solicitor, or law enforcement officers must not file a complaint before conducting an independent investigation and determining that probable cause exists and that there is no reasonable alternative available to prevent the person from causing imminent personal injury to himself or to others with the firearms.