LEAP Forward
Politicizing Guns since 2017

Legislation

South Carolina H 4212 - Background Checks

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South Carolina H 42412

Define Necessary Terms, To Require That No Gun Transfer Preceded By A Criminal Background Check May Proceed, Unless The Criminal Background Check Has Concluded That The Sale May Proceed, Or Until At Least Five Days Have Passed From The Initiation Of The Background Check And The National Instant Criminal Background Check System Has Not Reported That The Sale Would Violate State Or Federal Law, And To Provide For Criminal Penalties For Violations Of This Article; And To Provide For The Sun Setting

by Leon Stavrinakis (D) with Beth Bernstein (D), Robert Brown (D), William Cogswell Jr. (R), Wendell Gilliard (D), David Mack III (D), Peter McCoy Jr. (R), Mike Sottile (R)


LEAP Forward Position: Support

Explanation: Pending

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“Section 22-1-200. (A) Magistrates shall report the disposition of each criminal case to the South Carolina Law Enforcement Division (SLED) within ten days, weekends and holidays excluded.

(B) Magistrates shall report to SLED within forty-eight hours, the issuance of any:

(1) restraining orders;

(2) orders of protection;

(3) orders preventing a person from possessing a firearm;

(4) convictions related to or orders issued to prevent acts of domestic violence against another person;

(5) orders issued or convictions related to, or to prevent, the stalking, intimidation, or harassment of another person; or

(6) orders for bond with any limitations listed in this section.

(C) The report must be made in a format approved by representatives of SLED and Court Administration. With the approval of SLED and South Carolina Court Administration, this reporting requirement may be satisfied by use of docket information transmitted to Court Administration.”

”Section 14-25-250. (A) Each municipal judge shall report the disposition of each criminal case to the South Carolina Law Enforcement Division (SLED) within ten days, weekends and holidays excluded.

(B) A municipal judge shall report to SLED within forty-eight hours, the issuance of any:

(1) restraining orders;

(2) orders of protection;

(3) orders preventing a person from possessing a firearm;

(4) convictions related to or orders issued to prevent acts of domestic violence against another person;

(5) convictions related to or orders issued to prevent, the stalking, intimidation, or harassment of another person; or

(6) orders for bond with any limitations listed in this section.

(C) The report must be made in a format approved by representatives of SLED and Court Administration. With the approval of SLED and South Carolina Court Administration, this reporting requirement may be satisfied by use of docket information transmitted to Court Administration.”