Bill > S0138

This bill amends South Carolina law to address pending handgun possession charges in light of the state's recently enacted Constitutional Carry/Second Amendment Preservation Act of 2024. Specifically, the bill requires the state to dismiss all pending charges for unlawful handgun possession under Section 16-23-20 that were effectively nullified by the new constitutional carry law. The bill also allows individuals with previous convictions for unlawful handgun possession to apply for expungement within five years of the law's enactment. Importantly, while the bill mandates dismissal of the specific handgun possession charges, it does not require dismissal of other associated charges that may have originated from the same incident. Additionally, the bill stipulates that the dismissal of these charges cannot be used as a basis for civil action against law enforcement or prosecutors. The law will take effect immediately upon the Governor's approval, providing a path for individuals previously charged with unlawful handgun possession to have their cases cleared under the new constitutional carry regulations.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=138&session=126&summary=B