Bench Book for Magistrates and Municipal Court Judges - Crimes and Offenses

I.
Offenses Involving Weapons

CARRYING CONCEALED WEAPONS

Unclassified Misdemeanor

Code §16-23-460
CDR Code 43

Elements Of The Offense:

1.

That the accused did carry on his person a concealed, deadly weapon.

2.

That the weapon was such as is usually used to inflict personal injury.

Note:

This section does not apply to persons carrying concealed weapons in compliance with the "Law Abiding Citizens Self-Defense Act of 1996." (S.C. Code Ann. §23-31-205 et.seq.); or peace officers in the discharge of their duties.

This section does not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives or razors unless they are used with the intent to commit a crime or in furtherance of a crime.

Penalty:

Fine of not more than $500 nor less than $200, or imprisonment for not more than 90 days nor less than 30 days. Also, the concealed weapon must be forfeited to the county (or city).

CARRYING A HANDGUN

Class C Misdemeanor

Code §16-23-20
CDR Code 44

Elements Of The Offense:

1.

That the accused did carry a handgun about his person and that the accused was not:

a.

on duty as a law enforcement officer of any governmental level.

b.

a member of the Armed Forces, National, or State militia.

c.

Target shooting or gun collecting as a member of a club.

d.

Hunting or fishing with a license in a licensed area.

e.

A person engaged in the business of manufacturing, repairing, or dealing in firearms or his agent, during the usual course of business.

f.

A guard authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States

g.

A member of an authorized military or civil organization in an authorized parade or assembly, or going to or returning from such meeting.

h.

A person in his home or upon his real property or a person who has the permission of the owner in legal control of the home or real property

i.

A person in a vehicle where the handgun is secured in a closed glove compartment or closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a drivers license, registration, or proof of insurance.

j.

A person carrying an unloaded handgun in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving his residence or changing or moving his fixed place of business;

k.

A prison guard performing official duties.

l.

A person granted a SLED permit to carry a handgun.

m.

The owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to §16-23-465, while at the place of business; however, the employee must exercise this privilege only after acquiring 1) a permit pursuant to item "l" above and 2) obtaining the permission of the owner or person in legal control or legal possession of the premises.

n.

A person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits to item "l" above.

o.

A person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.

p.

Any person on a motorcycle when a handgun is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.

Note:

A handgun is about the person if it is readily accessible and convenient for immediate use. It does not have to be touching the person. Special attention should be given to paragraph "i" of this section which stipulates that the proper place to carry a pistol in a vehicle is in a closed glove compartment or trunk. See §16-23-465 for penalties for carrying a pistol or firearm into a business selling alcoholic liquors, beers, or wines for on the premises consumption.

Penalty:

Fine of not more than $1,000 or imprisonment for not more than 1 year, or both.

See Section 16-23-50 (A)(2).

CARRYING WEAPONS ON SCHOOL PROPERTY

Class F Felony

Code §16-23-430
CDR Code 615

Elements Of The Offense:

1.

That the accused was not state, county, or municipal law-enforcement officer, nor a person authorized by school officials, and

2.

That the accused while on any elementary or secondary school property did carry a knife, with a blade over two inches long, a blackjack, metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily harm or death.

Note:

If the accused is a child under the age of 17, the family court has exclusive jurisdiction.

Penalty:

Fine of not more than $1,000 or imprisonment for not more than 5 years, or both. Also, the weapon or object used may be confiscated.

DISCHARGING FIREARMS AT OR INTO DWELLING,
VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE

Class E Felony

Code §16-23-440
CDR Code 52

Elements Of The Offense:

1.

That the accused unlawfully discharged or caused to be discharged firearms at or into a dwelling or building usually occupied by persons.

OR

2.

That the accused unlawfully discharged or caused to be discharged firearms at or into any vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it was occupied.

Penalty:

Fine of not more than $1,000 or imprisonment of not more than 10 years, or both.

FALSE INFORMATION ON LICENSE APPLICATION

Class F Felony

Code §23-31-160
CDR Code 311

Elements Of The Offense:

1.

That the accused did apply for a license to be a retail dealer in the sale, offering for sale, or possession with intent to sell, or otherwise transfer a pistol under §23-31-130.

2.

That the accused did give "false information or evidence regarding any information or evidence" in matters concerning license application.

Penalty:

Fine of not more than $2,000 or imprisonment of not more than 5 years, or both.

See Section 23-31-190.

FIRE BOMBS

Class F Felony

Code §16-23-480
CDR Code 346

Elements Of The Offense:

1.

That the accused manufactured or caused to be manufactured, or possessed an object or article designed to cause damage by fire or other means to person or property, either by ignition, detonation or other means.

Penalty:

Fine in the discretion of the court or imprisonment for not more than 5 years, or both.

FIREARMS IN PUBLIC BUILDINGS

Class F Felony

Code §16-23-420
CDR Code 300

Elements Of The Offense:

1.

(a)

That the accused did carry onto any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or any publicly owned building, a firearm without the express permission of the authorities in charge of the premises or property.

OR

(b)

That the accused had in his possession a firearm while in the area immediately adjacent to such buildings.

OR

(c)

That the accused did display, brandish or threaten others with a firearm while in these buildings or in the immediately adjacent areas.

Note:

Persons exempted from application of this section include guards, law enforcement officers, members of armed forces, students of military science, or authorized named resident of student housing provided by public or private school.

Penalty:

Fine of not more than $5,000 or imprisonment for not more than 5 years, or both.

ILLEGAL POSSESSION OF TEAR GAS GUN

Class A Misdemeanor

Code §16-23-470
CDR Code 335

Elements Of The Offense:

1.

That the accused did possess, use, transport, sell or buy any tear-gas machine or gun or any part thereof, or any ammunition or shells or equipment to be used in that machine or gun, and

2.

That the accused was not a duly authorized law-enforcement officer.

Note:

This section does not prohibit the use of tear gas for the destruction of insects or rodents, provided the gas is not in containers suitable for use in a tear gas gun, and the user has written permission from the county agent for such use.

Penalty:

Fine of not more than $5,000 or imprisonment of not more than 3 years, or both.

MACHINE GUNS, MILITARY FIREARMS, SAWED-OFF SHOTGUNS AND RIFLES

Class E Felony

Code §§16-23-220 to 16-23-240
CDR Codes 314-316

Elements Of The Offense:

1.

That the accused did in any manner transport from one point to another in this state (or for any common carrier to knowingly ship or transport) machine guns, military firearms, sawed-off shotguns or rifles. (Section 16-23-220).

OR

2.

That the accused did, or did permit another, to store, keep, possess, or have in his possession machine guns, military firearms, sawed-off shotguns or rifles. (§16-23-230).

OR

3.

That the accused did participate directly or indirectly, in the selling, renting, giving away, or otherwise disposing of machine guns, military firearms, sawed-off shotguns or rifles. (§16-23-240).

Note:

Exceptions to the above provisions pertaining to such firearms are provided in §16-23-250. §23-31-330 provides for the registration of persons authorized to possess such weapons. §16-23-210 defines the weapons.

Penalty:

Fine of not more than $10,000 or imprisonment of not more than 10 years, or both. (§16-23-260).

PLACING LOADED TRAP GUN OR SPRING GUN

Class C Misdemeanor

Code §16-23-450
CDR Code 339

Elements Of The Offense:

1.

That the accused did construct, set or place a loaded trap gun, spring gun, or like device in any building or any place in the state.

Penalty:

Fine of not less than $100 nor more than $500 or imprisonment of not less than 30 days nor more than 1 year, or both.

POINTING FIREARM AT A PERSON

Class F Felony

Code §16-23-410
CDR Code 122

Elements Of The Offense:

1.

That the accused did point a firearm at another person.

Note:

This section does not distinguish between a loaded and an unloaded firearm. This section does not abridge the right of self-defense or apply to theatricals or like performances.

Penalty:

Fine in the discretion of the court or imprisonment of not more than 5 years.

RESISTING ARREST WITH USE OR
THREAT OF USE OF A DEADLY WEAPON

Class E Felony

Code §16-3-625
CDR Code 2352

Elements Of The Offense:

1.

That the accused resisted the lawful efforts of a law enforcement officer to arrest him or any other person, and

2.

That in so doing, the accused used, or threatened to use a deadly weapon, and

3.

a.

the accused was in possession of a deadly weapon, or

b.

the accused claimed to be in possession of a deadly weapon.

Note:

"Deadly weapon" means any instrument which can be used to inflict deadly force.

Penalty:

Imprisonment for not more than 10 years nor less than 2 years.

SALE OR DELIVERY OF PISTOL; POSSESSION BY CERTAIN PERSONS; STOLEN PISTOLS

Class F Felony

Code §16-23-30
CDR Code 2364

Elements Of The Offense:

A.

1.

That the accused did knowingly sell, offer to sell, deliver, lease, rent, barter, exchange or transport for sale into the state any handgun to:

a.

Any person convicted of a crime of violence, a fugitive from justice, a habitual drunkard, a drug addict, or one adjudicated mentally incompetent, or

b.

Any person who is a member of a subversive organization, or

c.

Any person under eighteen, except when on any type of military duty or training, or

d.

Any person adjudged by court order unfit to carry or possess a handgun.

OR

B.

1.

That a person falling within "a", "b", "c", or "d" above did possess or acquire handguns within the State.

OR

C.

1.

That the accused did knowingly buy, sell, transport, pawn, receive or possess any stolen handgun or one which has had the serial number obliterated or removed.

Penalty:

In addition to seizure of handgun; fine of not more than $2,000 or imprisonment for not more than 5 years, or both. [§16-23-50 (A)(2)].

1.	That the accused did carry on his person a concealed, deadly weapon.
2.	That the weapon was such as is usually used to inflict personal injury.

1.	That the accused did carry a handgun about his person and that the accused was not:
	a.	on duty as a law enforcement officer of any governmental level.
	b.	a member of the Armed Forces, National, or State militia.
	c.	Target shooting or gun collecting as a member of a club.
	d.	Hunting or fishing with a license in a licensed area.
	e.	A person engaged in the business of manufacturing, repairing, or dealing in firearms or his agent, during the usual course of business.
	f.	A guard authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States
	g.	A member of an authorized military or civil organization in an authorized parade or assembly, or going to or returning from such meeting.
	h.	A person in his home or upon his real property or a person who has the permission of the owner in legal control of the home or real property
	i.	A person in a vehicle where the handgun is secured in a closed glove compartment or closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a drivers license, registration, or proof of insurance.
	j.	A person carrying an unloaded handgun in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving his residence or changing or moving his fixed place of business;
	k.	A prison guard performing official duties.
	l.	A person granted a SLED permit to carry a handgun.
	m.	The owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to §16-23-465, while at the place of business; however, the employee must exercise this privilege only after acquiring 1) a permit pursuant to item "l" above and 2) obtaining the permission of the owner or person in legal control or legal possession of the premises.
	n.	A person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits to item "l" above.
	o.	A person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.
	p.	Any person on a motorcycle when a handgun is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.

1.	That the accused was not state, county, or municipal law-enforcement officer, nor a person authorized by school officials, and
2.	That the accused while on any elementary or secondary school property did carry a knife, with a blade over two inches long, a blackjack, metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily harm or death.

1.	That the accused did apply for a license to be a retail dealer in the sale, offering for sale, or possession with intent to sell, or otherwise transfer a pistol under §23-31-130.
2.	That the accused did give "false information or evidence regarding any information or evidence" in matters concerning license application.

1.	That the accused did possess, use, transport, sell or buy any tear-gas machine or gun or any part thereof, or any ammunition or shells or equipment to be used in that machine or gun, and
2.	That the accused was not a duly authorized law-enforcement officer.

1.	That the accused resisted the lawful efforts of a law enforcement officer to arrest him or any other person, and
2.	That in so doing, the accused used, or threatened to use a deadly weapon, and
3.	a.	the accused was in possession of a deadly weapon, or
	b.	the accused claimed to be in possession of a deadly weapon.

A.	1.	That the accused did knowingly sell, offer to sell, deliver, lease, rent, barter, exchange or transport for sale into the state any handgun to:
		a.	Any person convicted of a crime of violence, a fugitive from justice, a habitual drunkard, a drug addict, or one adjudicated mentally incompetent, or
		b.	Any person who is a member of a subversive organization, or
		c.	Any person under eighteen, except when on any type of military duty or training, or
		d.	Any person adjudged by court order unfit to carry or possess a handgun.