(A) A handgun that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine:
(1) if the handgun is stolen;
(2) if the handgun has been used in the commission of a crime; and (3) the true owner of the handgun.
(B) At least twice during the ninety-day holding period, the agency shall advertise the handgun with its full description in a newspaper having general circulation in the county where the handgun was found.
(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the handgun, the agency shall return the handgun to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law, and pays all advertising and other costs incidental to returning the handgun. No handgun may be returned until the individual fully completes the application.
(D) Upon proper completion of the application, the law enforcement agency shall provide copies of the application in compliance with Section 23-31-140.
HISTORY: 1989 Act No. 172, Section 1; 2004 Act No. 294, Section 1, eff August 16, 2004.
Editor's Note
Section 23-31-140, referenced in subsections (C) and (D), was repealed by 2012 Act No. 285.
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.