Sunday, December 23, 2012

Ranked Number Two on the LA Times top ten list.


South Carolina


( Lindsay Semple / thestate.com / December 20, 2012 )
South Carolina had 4.76 gun killings per 100,000 residents in 2011. Its Brady rating is 8, making it tied for 22nd in the country, or roughly average when it comes to gun control laws.

Above: A statue of legendary governor and senator Ben Tillman outside the South Carolina State House.

South Carolina has this provision in the gun laws. Applause, right?


SECTION 16-23-230. (click here) Unlawful storing, keeping, or possessing of machine gun, military firearm, or sawed off shotgun or rifle.
It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed off shotgun, or sawed off rifle, except as provided in Sections 16 23 250 and 23 31 330.
A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

The penalty for breaking the law is somewhat more interesting than the law itself.

SECTION 16-23-260. Penalties.
A person violating the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

Short and sweet. It is a felony with a fine for breaking the law. The fine cannot be more than $10,000. So, for first time offenders, a slap on the write and court costs?

It gets more interesting, though.

SECTION 16-23-270. Article not applicable to antique firearms.
The provisions of this article shall not apply to antique firearms.

SECTION 16-23-280. Manufacture and sale of machine guns by licensed manufacturer.

Notwithstanding is an interesting word. It's synonym is despite.

Notwithstanding the provisions of this article, machine guns or military firearms manufactured by a firm licensed by the federal government and subject to the Federal Gun Control Act may be legally manufactured, transported, possessed, and sold within the State by the manufacturer thereof.

So, does that mean only the military is buying these guns manufactured in South Carolina, or does it mean citizens of South Carolina are exempt from the laws if they purchase it from a manufacturer within the state? I am not really clear on that one.