The bill S. 138 aims to amend Section 17-1-65 of the South Carolina Code of Laws, specifically addressing the dismissal of pending unlawful handgun possession charges. It stipulates that individuals may apply for an expungement of one conviction for unlawful possession of a handgun if the conviction occurred before the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024, with applications required to be submitted within five years of the new law's enactment.

Additionally, the bill mandates that the State of South Carolina must dismiss all pending charges for unlawful possession of a handgun that were nullified by the enactment of the aforementioned act. However, it clarifies that if the unlawful possession charge was used as probable cause for another related offense, those associated charges do not have to be dismissed. The bill also specifies that the dismissal of the unlawful possession charge cannot be used as a basis for any civil action related to the arrest. This act will take effect upon approval by the Governor.

Statutes affected:
12/11/2024: 17-1-65
01/17/2025: 17-1-65
Latest Version: 17-1-65