(A) It is unlawful for anyone except an authorized law enforcement officer to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or any ammunition, shells, or equipment that may be used in a tear-gas gun or machine. It is lawful for a person for self-defense purposes only to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or ammunition, shells, or equipment for a tear-gas machine or gun, but the capacity of a tear-gas cartridge, shell, or container shall not exceed fifty cubic centimeters nor shall a tear-gas machine or gun have the capability of shooting a cartridge, shell, or container of more than fifty cubic centimeters.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.
(C) Except as permitted above, nothing in this section prohibits the purchase, sale, transportation, or use of tear gas for the destruction of insects or rodents if tear gas is not in containers or shells suitable for use in a tear-gas gun, equipment, or machine and if the purchaser has written authority for the purchase and use of tear gas from the county agent of the county in which he resides.
HISTORY: 1962 Code Section 16-147; 1952 Code Section 16-147; 1948 (45) 1857; 1978 Act No. 603; 1993 Act No. 184, Section 191.
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.