South Carolina Code 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns
(1) a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;
Terms Used In South Carolina Code 16-23-30
- Crime of violence: means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year. See South Carolina Code 16-23-10
- Fugitive from justice: means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence. See South Carolina Code 16-23-10
- Handgun: means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges. See South Carolina Code 16-23-10
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: means any individual, corporation, company, association, firm, partnership, society, or joint stock company. See South Carolina Code 16-23-10
- sell: means to knowingly buy, offer to buy, receive, lease, rent, barter, exchange, pawn or accept in pawn. See South Carolina Code 16-23-10
- Subversive organization: means any group, committee, club, league, society, association, or combination of individuals the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure, or overthrow of the government of the United States or any state or political subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing. See South Carolina Code 16-23-10
(2) a person who is a member of a subversive organization;
(3) a person under the age of eighteen, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or
(4) a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.
(B) It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State.
(C) A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen handgun or one from which the original serial number has been removed or obliterated.