§ 23-31-210 — Definitions.

South Carolina § 23-31-210

• Jurisdiction: South Carolina
• Title 23: LAW ENFORCEMENT AND PUBLIC SAFETY
• Ch. 31: FIREARMS

Text

As used in this article: (1) "Resident" means an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders. (2) "Qualified nonresident" means an individual who owns real property in South Carolina, but who resides in another state. (3) "Picture identification" means: (a) a valid driver's license or photographic identification card issued by the state in which the applicant resides; or (b) an official photographic identification card issued by the Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State. (4) "Proof of training" means an original document or certified copy of the document supplied by an applicant that certifies that he is either: (a) a person who, within three years before filing an application, successfully has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. This education course must include, but is not limited to: (i) information on the statutory and case law of this State relating to handguns and to the use of deadly force; (ii) information on handgun use and safety; (iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduces the possibility of accidental injury to a child; (iv) the actual firing of the handgun in the presence of the instructor, provided that a minimum of twenty-five rounds must be fired; (v) properly securing a firearm in a holster; (vi) "cocked and locked" carrying of a firearm; (vii) how to respond to a person who attempts to take your firearm from your holster; and (viii) deescalation techniques and strategies. (b) a person who demonstrates any of the following must comply with the provisions of subitem (a)(i) only: (i) a person who demonstrates the completion of basic military training provided by any branch of the United States military who produces proof of his military service through the submission of a DD214 form; (ii) a retired law enforcement officer who produces proof that he is a graduate of the Criminal Justice Academy or that he was a law enforcement officer prior to the requirement for graduation from the Criminal Justice Academy; or (iii) a retired state or federal law enforcement officer who produces proof of graduation from a federal or state academy that includes firearms training as a graduation requirement; (c) an instructor certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns; (d) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns; (e) an active duty police handgun instructor; (f) a person who has a SLED-certified or approved competitive handgun shooting classification; or (g) a member of the active or reserve military, or a member of the National Guard. SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item. For purposes of subitems (a) and (c), "proof of training" is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item. (5) "Concealable weapon" means a firearm having a length of less than twelve inches measured along its greatest dimension that may be carried openly on one's person or in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property. (6) "Proof of ownership of real property" means a certified current document from the county assessor of the county in which the property is located verifying ownership of the real property. SLED must determine the appropriate document that fulfills this requirement.

Legislative History

HISTORY: 1996 Act No. 464, SECTION 1; 2002 Act No. 274, SECTION 3; 2006 Act No. 347, SECTION 1, eff June 9, 2006; 2014 Act No. 123 (S.308), SECTION 2.A, eff February 11, 2014; 2021 Act No. 66 (H.3094), SECTIONS 2, 6, eff August 15, 2021. Editor's Note 2021 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Open Carry With Training Act'." Effect of Amendment The 2006 amendment added item (2) defining "Qualified nonresident", redesignated items (2) to (5) as items (3) to (6), and added item (7) defining "Proof of ownership of real property". 2014 Act No. 123, SECTION 2.A, in subsection (3)(a), substituted "license or photographic identification card" for "license, or if the applicant is a qualified nonresident, a valid driver's license"; deleted former subsection (4), definition for "proof of residence"; redesignated the remaining subsections accordingly; in subsection (4), definition of "proof of training", in paragraph (a), substituted "successfully has" for "has successfully", and deleted "be a minimum of eight hours and must" before "education course must", added paragraph (b), and deleted "who has had handgun training in the previous three years" from the end of paragraph (g). 2021 Act No. 66, SECTION 2, in (5), substituted "may be carried openly on one's person or" for "must be carried", and made a nonsubstantive change. 2021 Act No. 66, SECTION 6, in (4)(a), in (iii), deleted "and" at the end, in (iv), inserted ", provided that a minimum of twenty-five rounds must be fired" following "instructor", and added (v) to (viii).