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Bill > S0136


SC S0136

SC S0136
Dismissal of pending gun possession charges


summary

Introduced
01/14/2025
In Committee
03/04/2025
Crossed Over
02/26/2025
Passed
05/08/2025
Dead
Vetoed
05/22/2025
Veto Overridden
01/14/2026

Introduced Session

126th General Assembly

Bill Summary

Amend The South Carolina Code Of Laws By Amending Section 17-1-65, Relating To The Expungement Of Convictions For The Unlawful Possession Of Handguns, So As To Provide The State Must Dismiss And Expunge Certain Pending Unlawful Handgun Possession Charges That Occurred Prior To The Enactment Of The South Carolina Constitutional Carry/second Amendment Preservation Act Of 2024, And To Provide The Dismissal Of These Charges May Not Serve As A Basis Or Support For Civil Actions Due To The Arrest. - Ratified Title

AI Summary

This bill amends South Carolina law to address pending handgun possession charges in light of the recently enacted Constitutional Carry/Second Amendment Preservation Act of 2024. Specifically, the bill requires the state to dismiss all pending unlawful handgun possession charges that occurred before the new act's enactment, with some important qualifications. If the handgun possession charge is part of a broader set of criminal charges arising from the same incident, the dismissal will be delayed until those associated offenses are resolved. Individuals may apply for an expungement of one such conviction within five years, provided they have not previously had a similar expungement. Importantly, the bill stipulates that the dismissal of these charges cannot be used as a basis for civil legal action related to the original arrest. The legislation will take effect immediately upon the Governor's approval, providing relief for individuals who were charged with unlawful handgun possession under previous laws that are no longer in effect.

Committee Categories

Justice

Sponsors (4)

Last Action

Effective date 01/14/26 (on 01/22/2026)

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