The provisions of this article do not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of these organizations. Any peace officer of the State or of a county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or persons on duty in the postal service of the United States or a common carrier while transporting direct to a police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun, or sawed-off rifle, may possess machine guns, or sawed-off shotguns, or sawed-off rifles, when required in the performance of their duties. The provisions of this section must not be construed to apply to machine guns, or sawed-off shotguns, or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.
The provisions of this article do not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization, any common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law, or persons licensed pursuant to Section 23-31-370.
HISTORY: 1962 Code Section 16-125; 1952 Code Section 16-125; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1978 Act No. 541 Section 3; 1986 Act No. 532, Section 1; 1990 Act No. 564, Section 1; 2001 Act No. 106, Section 1.
Structure South Carolina Code of Laws
Title 16 - Crimes and Offenses
Chapter 23 - Offenses Involving Weapons
Section 16-23-10. Definitions.
Section 16-23-20. Unlawful carrying of handgun; exceptions.
Section 16-23-50. Penalties; disposition of fines; forfeiture and disposition of handguns.
Section 16-23-55. Procedure for returning found handgun.
Section 16-23-60. Construction.
Section 16-23-210. Definitions.
Section 16-23-250. Exceptions to application of article.
Section 16-23-270. Article not applicable to antique firearms.
Section 16-23-280. Manufacture and sale of machine guns by licensed manufacturer.
Section 16-23-410. Pointing firearm at another person.
Section 16-23-415. Taking firearm or other weapon from law enforcement officer.
Section 16-23-420. Possession of firearm on school property; concealed weapons.
Section 16-23-430. Carrying weapon on school property; concealed weapons.
Section 16-23-450. Placing loaded trap gun, spring gun or like device.
Section 16-23-460. Carrying concealed weapons; forfeiture of weapons.
Section 16-23-470. Illegal possession of tear-gas gun or ammunition.
Section 16-23-530. Firearms; possession by or sale to unlawful alien; penalties.