§ 16-23-770 — Forfeiture of property used or intended for use in violation of article; storage and destruction; exceptions.

South Carolina § 16-23-770

• Jurisdiction: South Carolina
• Title 16: CRIMES AND OFFENSES
• Ch. 23: OFFENSES INVOLVING WEAPONS

Text

(A) All property used or intended for use in violation of this article and all proceeds derived from, realized from, or traced back to property used or intended for use in violation of this article is contraband and subject to forfeiture. Property subject to forfeiture must be seized by a law enforcement agency and forfeited to the State, a political subdivision of the State, or the seizing law enforcement agency. (B) On application of a seizing law enforcement agency, the circuit court may order the agency to destroy or transfer the seized device to any agency of this State or of the United States that can safely store or render harmless a destructive device, explosive, poisonous gas, or detonator if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store the destructive device, explosive, poisonous gas, or detonator. Notwithstanding Section 16-23-760, the application for destruction of a destructive device may be made at anytime after seizure. Any destruction ordered pursuant to this subsection must be done in the presence of at least one credible witness or recorded on film, videotape, or other electronic imaging method. The court also may order the seizing agency or the agency to which the device, explosive, poisonous gas, or detonator is transferred to make a report of the destruction, take samples before the destruction, or both. (C) Nothing in subsection (A) or (B) prohibits a bomb technician, law enforcement officer, or fire official from taking action that will render an explosive, destructive device, poisonous gas, or detonator, or other object which is suspected of being an explosive, destructive device, poisonous gas, or detonator safe without prior approval of a court when the action is in the performance of his duties and is intended to protect lives or property which are in imminent danger. (D) The provisions of this article do not apply to the lawful use of: (1) fertilizers, propellant activated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes; (2) pesticides which are manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7, Title 2, the federal Insecticide, Fungicide, and Rodenticide Act and the Environmental Pesticide Control Act of 1972; (3) explosives, blasting agents, detonators, and other objects regulated and controlled by the South Carolina Explosives Control Act; (4) ammunition for small arms and firearms; (5) components of ammunition for small arms and firearms; (6) ammunition reloading equipment; (7) the use of small arms propellant when used in war reenactments; (8) firearms, as defined in Section 16-8-10; or (9) fireworks and explosives which are permitted to be sold, possessed, or used under Chapter 35 of Title 23. (E) The provisions of this article do not apply to the military or naval forces of the United States, to the duly organized military force of a state or territory, or to police or fire departments in this State when they are acting within their official capacities and in performance of their duties.

Legislative History

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