The bill S. 136 proposes amendments to Section 17-1-65 of the South Carolina Code of Laws, specifically addressing the expungement of convictions for unlawful possession of handguns. It stipulates that individuals may apply for expungement of one such conviction if it occurred prior to 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 must dismiss all pending unlawful possession charges that were nullified by the new act, while clarifying that this dismissal does not apply to related charges that may arise from the same incident.
Furthermore, the bill emphasizes that the dismissal of the unlawful possession charge does not provide grounds for civil actions related to the arrest. This ensures that while individuals may have certain charges dismissed, it does not affect any other legal proceedings or potential civil liabilities stemming from the incident. The act will take effect upon approval by the Governor.
Statutes affected: 12/11/2024: 17-1-65
01/17/2025: 17-1-65
02/19/2025: 17-1-65
02/25/2025: 17-1-65
04/30/2025: 17-1-65
05/01/2025: 17-1-65
05/05/2025: 17-1-65
05/06/2025: 17-1-65
05/07/2025: 17-1-65
Latest Version: 17-1-65