government controls. Even the most modern and efficient police agencies will never be able to guarantee that citizens will ever be free from attack even in their homes. We, as law enforcement officers, can only do our utmost to prevent criminal depredations against innocent citizens and to apprehend those persons responsible for criminal acts. While I disagree with attitudes that would make American homes into armed camps, I firmly believe that every responsible citizen has a right to possess a pistol or rifle or a shotgun, not only for sporting purposes, but for the protection of his domain. There is no way to estimate the number of times that criminals have been deterred from entering homes and businesses out of fear that the occupants may possess firearms. I feel that the laws of our country should be aimed toward those elements of our society who use firearms to commit crimes rather than toward law abiding citizens. Act 330 of 1965 as amended is such a law. The original Act 330 was designed and relates to the sale and possession of pistols in the State of South Carolina. Act 330 set forth those individuals who may not purchase or possess a weapon in the State of South Carolina. Any person convicted of murder, manslaughter, except where negligent manslaugter arising out of traffic accidents, rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, a fugitive from justice, any member of a subversive organization as defined in the Act, a habitual drunkard, a drug addict, anyone who has been adjudicated mentally incompetent or any person who by order of a circuit judge or county court judge of the State of South Carolina who has been adjudged unfit to carry or possess a pistol, may not purchase or possess a pistol in the State of South Carolina. Our Act 330 before it was amended had provisions to allow for certain exemptions in the area of possession of a firearm, which outlined briefly would be: Any law enforcement officer, any member of the Armed Forces of the United States, the National Guard or the State Militia when on duty, licensed hunters or fishermen while engaged in hunting or fishing, guards of common carriers, banks and etc., and any person in his home or upon his real property or fixed place of business, any person in any vehicle where the pistol is secured in a closed glove compartment or trunk, any person carrying the pistol in its wrapper or box from the place of purchase to his home or place of business, and night watchmen may lawfully possess or carry their weapon as specifically set forth in this law. The Act also contains provisions to establish a license for retail dealers who intend to sell pistols within the State of South Carolina. It required that such a dealer purchase from the Clerk of Court in the County where his business shall be transacted, a license which shall be good for two years. It requires that a copy of the license be displayed at all times in the place of business. That the dealer shall not sell knowingly a pistol to any person who described in this law cannot purchase or possess a pistol in the State of South Carolina and it requires that the dealer maintain a record on forms prescribed by the Attorney General of the sale of all pistols in the State of South Carolina. Such records shall contain the date of sale, caliber, make, model and manufacturers number of the weapon, and the name, address, occupation, color and place of birth of the purchaser. I have attached for your edification a copy of the application for this license supplied by the Clerk of Court and a copy of the license issued to the dealer. Violation of any part of this Act on behalf of the dealer automatically resulted in the forfeiture of his license. The question of gun control became a major item on the Agenda of South Carolina Lawmakers during the 1975 session of the South Carolina General Assembly. At the conclusion of months of indepth study into the rising national crime picture and study of South Carolina crimes committed with handguns, the General Assembly made major steps with respect to modifying current legislation concerning gun dealers and the sale of pistols within the State of South Carolina. The Amendments to Act 330 of 1965 retain the same provisions with respect to a citizens right to purchase and possess pistols in South Carolina, and the same prohibitions with respect to those individuals who are not authorized to purchase or possess pistols. An effort to tighten the control of sale and possession of firearms in the State of South Carolina by amending Act 330 of 1965, caused the legislature to charge the South Carolina Law Enforcement Division with the licensing, regulation, enforcement and inspection of gun dealers in the State of South Carolina. It further requires an indepth background investigation of each person 52-557 0-76—Pt. 6- -12 desiring to sell pistols within the State of South Carolina and sufficient investigation of each person purchasing a pistol in the State of South Carolina to assure his qualifications. (Attached to your copy you will find an application for a pistol dealers license in the State of South Carolina.) in addition to the completed application, the applicant must supply a copy of his fingerprints, a color photograph taken within the last six months and a surety bond in the amount of ten thousand dolars ($10,000) in favor of the State of Souch Carolina. Each firearms transaction within the State of South Carolina concerning the sale of a pistol now requires a South Carolina firearms transactions record. Prior to the purchase of a pistol, the purchaser shall complete an application in triplicate, the original to the South Carolina Law Enforcement Division, the second copy to the dealer and a third copy to the purchaser. The application shall be supplied by the South Carolina Law Enforcement Division and shall contain the purchasers name, his residence, and business address, the date and place of birth, his Social Security number, his South Carolina drivers license number or his South Carolina Highway Department identification card number and his physical description. Should a purchaser not have a Social Security number and a South Carolina driver license number or Highway Department identification card number, he shall supply a set of his fingerprints and a statement sworn to the effect that he is not prohibited from purchasing or possessing a firearm in the State of South Carolina. (See attached transaction_record.) The new legislation further requires that any individual within the State of South Carolina may not purchase more than one pistol during any thirty day period. The exception to this shall be the fact that if an individual has his weapon stolen and for sufficient reason is required to immediately purchase another weapon he may apply to the South Carolina Law Enforcement Division through his local Chief of Police or Sheriff for a special permit to purchase this replacement weapon. The penalty for any violation of this law whether it be on behalf of the dealer or the purchaser is now considered to be a felony in the State of South Carolina. The said felony is punishable by a fine of not more than two thousand dollars ($2,080) or in prisonment for not more than two years or both. I as Chief of the South Carolina Law Enforcement Division plan to offer strict enforcement of this law and to check each person who has purchased a weapon to be assured that this individual is qualified and capable under current State law to purchase and possess a pistol within the State. The South Carolina Law Enforcement Division has begun hiring a staff of Agents whose major responsibility will be enforcement of gun legislation in the State of South Carolina, which encompasses dealer application background investigation, inspection of dealer records, and investigation of any violations of this law. The State has also enacted laws concerning the possession and registration of machine guns, sawed-off shotguns, and sawed-off rifles. This law requires that any individual having in his possession such a weapon be required to register it with the South Carolina Law Enforcement Division, on an application supplied by the South Carolina Law Enforcement Division. Upon having received this application and verifying his ability to possess such a weapon, the South Carolina Law Enforcement Division shall issue a registration card to him to prove its legality within the State of South Carolina. This legislation tracts the Federal law. The 1974 session of the South Carolina General Assembly enacted a law controlling the sale of the so-called "Saturday Night Specials." It is now a violation of the law for any retail dealer to possess or sell any pistol which has a diecast frame or receiver which melts at a temperature of less than eight hundred degrees Fahrenheit. This legislation has been most helpful. I would like to thank you for the opportunity to offer testimony before your Committee and I hope the information I have supplied will be of some benefit to the Committee. APPLICATION FOR RETAIL PISTOL LICENSE Date Name of Applicant Business Address I hereby certify that I am lawfully eligible to possess pistols under the laws of the State of South Carolina, that I have never been convicted of a crime of violence, that I am not a fugitive from justice, and that I am not a member of a subversive organization. is authorized to engage in the business of selling Pistols at retail in the above stated county, pursuant to the provisions of Act No. R. 462. Approved the 27th day of May, 1965. Issued this. day of 19 CLERK OF COURT THIS LICENSE SHALL BE VALID FOR TWO YEARS FROM ABOVE DATE UNLESS SOONER REVOKED NOTICE: Application should be typewritten or clearly printed in ink. All questions must be answered if space provided is insufficient, attach sheets of the same size to this application and number answers to correspond to questions. A Each of the following must be answered YES or NO. If yes please supply details on additional sheets. B Have you ever been arrested, convicted, entered a plea of guilty, or plea of nolo contendere, or C ARE YOU A FUGITIVE FROM JUSTICE as defined in Section 16:129 et seq. 1962 South Carolina code of laws as amended. D ARE YOU A MEMBER OF A SUBVERSIVE ORGANIZATION as defined in Section 16:129 et seq. 1962 South Carolina code of laws as amended. E ARE YOU A HABITUAL DRUNKARD, DRUG ADDICT, OR MENTALLY INCOMPETENT. F HAVE YOU EVER BEEN ADJUDGED UNFIT TO CARRY OR POSSESS A PISTOL BY ORDER Answer If business is partnership, each partner must submitt an application. If corporation please supply each board members name, date of birth, place of birth and current address on seperate sheets. Business is located in: Commercial Building Other Residence (over) 4. ATTACHMENTS TO APPLICATION A: B Please attach a 2" X 3" color photograph, full face, taken within the past 6 (six) months. Please attach a set of your fingerprints recorded on the card supplied by the division - Any law • enforcement agency can perform this requirement. C: The completed bond form, supplied by the division, in the amount of $10,000 completed by a company licensed to do surety bonding in South Carolina. D: Click, money forcement Division No cash acceptable. A check, money order, or cashiers check in the amount of $100 made payable to the South 5. AFFIRMATION and/or OATH I certify all information supplied by me is true and correct. I understand that I and any partners or board officials are subject to a complete character investigation upon submission of this application to the division. I understand and have read Act 330 of 1965 as amended which was supplied with the application. I further understand that if issued a license I may not sell to any person more than one (1) pistol in any thirty (30) day period notwithstanding the provisions of Act 330 of 1965 as amended and accept responsibility for the same, I further understand that if issued a license I must complete and supply the division with the original South Carolina firearms transaction record on each pistol sold by my business, and doing so within ten (10) days of the sale. I further understand that any violation of Act 330 of 1965 as amended will result in the revocation of this license and that I (we) will be subject to a crime punishable as a felony in the state of South Carolina in accordance to the provisions of Act 330 of 1965 South Carolina code of laws as amended. SWORN TO AND SUBSCRIBED BEFORE ME Notary Public For South Carolina My Commission Expires Signature of Applicant Date of Application |