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 the State of South Carolina must dismiss all charges for unlawful possession of a handgun that were nullified by the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. This dismissal applies to charges that were pending at the time of the act's enactment, with the exception of those charges that were used as probable cause for other offenses arising from the same incident.

Additionally, the bill allows individuals to apply for an expungement of one conviction for unlawful possession of a handgun if the conviction occurred prior to the enactment of the aforementioned act, provided that the application is made within five years of the act's enactment. The bill clarifies that the dismissal of the unlawful possession charge cannot be used as a basis for any civil action related to the arrest. This legislation is set to 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