reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-510. Regulation of ownership, transfer, or possession of firearm or ammunition; discharge on landowner's own property.

No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate:
(1) the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things; or
(2) a landowner discharging a firearm on the landowner's property to protect the landowner's family, employees, the general public, or the landowner's property from animals that the landowner reasonably believes pose a direct threat or danger to the landowner's property, people on the landowner's property, or the general public. For purposes of this item, the landowner's property must be a parcel of land comprised of at least twenty-five contiguous acres. Any ordinance regulating the discharge of firearms that does not specifically provide for an exclusion pursuant to this item is unenforceable as it pertains to an incident described in this item; otherwise, the ordinance is enforceable.
HISTORY: 1986 Act No. 532, Section 2; 2008 Act No. 220, Section 1, eff May 21, 2008.
Effect of Amendment
The 2008 amendment designated item (1) and added item (2) relating to discharge on a landowner's own property.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-520. Temporary restriction of lawful open carrying of a firearm on public property during certain events; notice; confiscation of firearms or ammunition.

(A) Notwithstanding another provision of law, a governing body of a county, municipality, or political subdivision may temporarily restrict the otherwise lawful open carrying of a firearm on public property when a governing body issues a permit to allow a public protest, rally, fair, parade, festival, or other organized event. However, if a permit is not applied for and issued prior to an event as described in this subsection, a county, municipality, or political subdivision may not exercise the provisions of this subsection. A person or entity hosting a public protest, rally, fair, parade, festival, or other organized event must post signs at the event when open carrying is allowed or not allowed at the event.
(B) A governing body exercising the authority granted to it pursuant to this section must be specific in the area, duration, and manner in which the restriction is imposed and must provide prior notice of the restriction when feasible. In no event may the restriction extend beyond the beginning and conclusion of the event or beyond the location of the event. The duration of an event may not be scheduled for such a length of time as to frustrate the intent of this section.
(C) A county, municipality, or political subdivision may not confiscate a firearm or ammunition for a violation of this section unless incident to an otherwise lawful arrest.
HISTORY: 1986 Act No. 532, Section 3; 2006 Act No. 347, Section 3, eff June 9, 2006; 2021 Act No. 66 (H.3094), Section 8, eff August 15, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
Effect of Amendment
The 2006 amendment in the first sentence deleted "the use, sale, transportation, or" and added the second sentence relating to the power to confiscate firearms or ammunition.
2021 Act No. 66, Section 8, rewrote the section.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-600. Retired personnel; identification cards; qualification for carrying concealed weapon.

(A) For purposes of this section:
(1) "Identification card" is a photographic identification card complying with 18 U.S.C. Section 926C.
(2) "Qualified retired law enforcement officer" shall have the same meaning as in 18 U.S.C. Section 926C.
(B) An agency or department within this State may comply with 18 U.S.C. Section 926C, by issuing an identification card to any qualified retired law enforcement officer. If the agency or department currently issues credentials to active law enforcement officers, the agency or department may comply with the requirements of this section by issuing the same credentials to qualified retired law enforcement officers. If the same credentials are issued, then the agency or department must stamp the credentials with the word "RETIRED".
(C)(1) Subject to the limitations of subsection (E), a qualified retired law enforcement officer may carry a concealed weapon in this State if the qualified retired law enforcement officer possesses an identification card along with a certification that the qualified retired law enforcement officer has, not less recently than one year before the date the individual is carrying the firearm, met the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.
(2) The firearms certification required by this subsection may be reflected on the identification card or may be in a separate document carried with the identification card.
(D) The restrictions contained in Sections 23-31-220 and 23-31-225 are applicable to a person carrying a concealed weapon pursuant to this section.
(E) The agency or department must provide the qualified retired law enforcement officer with the opportunity to qualify to carry a firearm under the same standards for training and qualification for active law enforcement officers to carry firearms. However, the agency or department, as provided in 18 U.S.C. Section 926C, may require the qualified retired law enforcement officer to pay the actual expenses of the training and qualification.
HISTORY: 2005 Act No. 154, Section 3; 2014 Act No. 228 (S.1076), Section 1, eff June 2, 2014.
Effect of Amendment
2014 Act No. 228, Section 1, rewrote subsections (A), (B), (C)(1), and (E).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-1010. Definitions.

As used in this article:
(1) "Adjudicated as a mental defective" means a determination by a court of competent jurisdiction that a person, as a result of marked subnormal intelligence, mental illness, mental incompetency, mental condition, or mental disease:
(a) is a danger to himself or to others; or
(b) lacks the mental capacity to contract or manage the person's own affairs.
The term includes:
(a) a finding of insanity by a court in a criminal case; and
(b) those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. Sections 850(a) and 876(b).
(2) "Committed to a mental institution" means a formal commitment of a person to a mental institution by a court of competent jurisdiction. The term includes a commitment to a mental institution involuntarily, and a commitment to a mental institution for mental defectiveness, mental illness, and other reasons, such as drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.
(3) "Mental institution" includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.
HISTORY: 2013 Act No. 22, Section 1, eff August 1, 2013.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-1020. Collection and submission of information of persons adjudicated as a mental defective or committed to a mental institution.

(A) The Judicial Department and the Chief of SLED, or the chief's designee, shall work in conjunction with a court of competent jurisdiction in developing procedures for the collection and submission of information of persons who have been adjudicated as a mental defective or who have been committed to a mental institution.
(B) When a court submits this information to SLED by court order, SLED shall transmit the information to the National Instant Criminal Background Check System (NICS) established pursuant to the Brady Handgun Violence Protection Act of 1993, Pub. L. (pg.79) 103-159.
(C) The court shall submit the information to SLED by court order within five days from the filing of each order related to adjudications and commitments. Under no circumstances may the court or SLED submit information pursuant to this section relating to a person's diagnosis or treatment.
(D) SLED shall keep information submitted by the court confidential, and that information only may be disclosed to NICS pursuant to this section, for purposes directly related to the Brady Act, or as provided in subsection (E).
(E) If the court, by court order, has submitted a person's name and other identifying information to SLED to be transmitted to NICS, SLED shall review the state concealed weapons permit holders list, and if the review reveals that the person possesses a current concealed weapons permit, the permit must be revoked and surrendered to a sheriff, police department, SLED agent, or by certified mail to the Chief of SLED. If the permit holder fails to return the permit within ten days of being notified of the permit's revocation, SLED shall retrieve the permit from the permit holder.
(F) Information submitted by the court pursuant to this section, which is also contained in court orders or in other state or local agency records, is not affected by this section, and such court orders or other state or local agency records may be disclosed in accordance with existing laws and procedures.
HISTORY: 2013 Act No. 22, Section 1, eff August 1, 2013.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-1050. Definitions for Sections 23-31-1030 and 23-31-1040.

As used in Section 23-31-1030 and Section 23-31-1040:
(1) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in a firearm other than an antique firearm. The term does not include:
(a) a shotgun shot or pellet not designed for use as the single, complete projectile load for one shotgun hull or casing; or
(b) an unloaded, nonmetallic shotgun hull or casing not having a primer.
(2) "Antique firearm" means:
(a) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; and
(b) a replica of a firearm described in subitem (a) if such replica:
(i) is not designed or redesigned for using rimfire or conventional centerfire-fixed ammunition; or
(ii) uses rimfire or conventional centerfire-fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
(3) "Firearm" means a weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon; a firearm muffler or firearm silencer; or a destructive device; but the term does not include an antique firearm. In the case of a licensed collector, the term means only curios and relics.
(4) "Firearm frame or receiver" means that part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.
(5) "Firearm muffler or firearm silencer" means a device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.
HISTORY: 2013 Act No. 22, Section 1, eff August 1, 2013.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-1060. Hearing on fitness to stand trial.

Nothing in this article affects a court's duty to conduct a hearing on the issue of a person's fitness to stand trial pursuant to Section 44-23-430. A solicitor shall not dismiss charges against a person prior to such hearing based solely on the person's fitness to stand trial.
HISTORY: 2013 Act No. 22, Section 1, eff August 1, 2013.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 33 - Missiles › Section 23-33-10. "Missile" defined.

A "missile," as contemplated by this chapter, shall be defined as any object or substance hurled through the air by the use of gunpowder or any other explosive substance whether purchased by the individual or compounded from chemicals.
HISTORY: 1962 Code Section 16-131; 1958 (50) 1904.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 33 - Missiles › Section 23-33-20. Permit required for firing missile.

Before any person shall fire or attempt to fire or discharge any missile within the borders of this State, he shall first procure a written permit from the Aeronautics Division of the Department of Commerce on such form as it may prescribe.
HISTORY: 1962 Code Section 16-132; 1958 (50) 1904; 1993 Act No. 181, Section 361.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 33 - Missiles › Section 23-33-30. Exemptions from application of chapter.

The provisions of this chapter shall not apply to the firing or discharge of missiles by any agency of the Federal or State government, to small firearms or to fireworks now authorized by law.
HISTORY: 1962 Code Section 16-133; 1958 (50) 1904.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 33 - Missiles › Section 23-33-40. Penalties.

Any person violating the provisions of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and be fined not more than one hundred dollars or be imprisoned for not more than thirty days or both, in the discretion of the court.
HISTORY: 1962 Code Section 16-134; 1958 (50) 1904.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 35 - Fireworks And Explosives › Section 23-35-10 to 23-35-40. Repealed by 2010 Act No. 196, Section 2, eff June 1, 2010.

Editor's Note
Former Section 23-35-10 was entitled "Sale, storage, transportation or use of impermissible fireworks; enumeration of permissible fireworks" and was derived from 1962 Code Section 66-551; 1959 (51) 333; 1992 Act No. 257, Section 1.
Former Section 23-35-20 was entitled "Nomenclature and identification on shipping case" and was derived from 1962 Code Section 66-552; 1959 (51) 333.
Former Section 23-35-30 was entitled "Toy paper pistol caps and devices using them as 'Fireworks'" and was derived from 1962 Code Section 66-553; 1959 (51) 333.
Former Section 23-35-40 was entitled "Exceptions to application of chapter" and was derived from 1962 Code Section 66-554; 1959 (51) 333; 1972 (57) 2742.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 35 - Fireworks And Explosives › Section 23-35-45. Use of pyrotechnic materials indoors; regulation.

Nothing in this chapter or in any other provision of law prohibits the use of pyrotechnic materials inside any enclosed entertainment or assembly area before proximate audiences when the indoor pyrotechnics are used in accordance with Standard 1126 of the National Fire Protection Association entitled "Standard for the Use of Pyrotechnics Before a Proximate Audience", 1992 edition. The State Fire Marshal Division of the Department of Labor, Licensing, and Regulation is designated as the agency responsible for implementing, administering, and enforcing the provisions of this section, including the promulgation of necessary regulations. The State Fire Marshal Division also may establish fees which may be charged on a per performance or other basis to offset the cost of enforcing the provisions of this section, such fees to be the responsibility of the owner or operator of the establishment where the indoor pyrotechnics shall be used.
HISTORY: 1994 Act No. 356, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 35 - Fireworks And Explosives › Section 23-35-50 to 23-35-120. Repealed by 2010 Act No. 196, Section 2, eff June 1, 2010.

Editor's Note
Former Section 23-35-50 was entitled "Exception for storage and sale of agricultural and display fireworks by licensed distributor" and was derived from 1962 Code Section 66-554.1; 1968 (55) 2855; 1983 Act No. 151, Part II, Section 42A; 2004 Act No. 303, Section 1.
Former Section 23-35-60 was entitled "Permits and other requirements for fireworks displays; penalty for violation" and was derived from 1962 Code Section 66-555; 1959 (51) 333; 1972 (57) 2742.
Former Section 23-35-70 was entitled "Wholesale distributor's and jobber's licenses; retailer's license or permit" and was derived from 1962 Code Section 66-556; 1959 (51) 333; 1972 (57) 2742; 1983 Act No. 151, Part II, Section 42B; 1993 Act No. 181, Section 362.
Former Section 23-35-80 was entitled "Sales to and purchases from unlicensed persons prohibited; records shall be kept open" and was derived from 1962 Code Section 66-557; 1959 (51) 333; 1972 (57) 2742; 1986 Act No. 381, Section 1.
Former Section 23-35-90 was entitled "Storage of fireworks by wholesalers" and was derived from 1962 Code Section 66-558; 1959 (51) 333.
Former Section 23-35-100 was entitled "Storage and display of fireworks by retailers" and was derived from 1962 Code Section 66-559; 1959 (51) 333; 1972 (57) 2742.
Former Section 23-35-110 was entitled "Display for sale or storage near certain flammable substances" and was derived from 1962 Code Section 66-560; 1959 (51) 333.
Former Section 23-35-120 was entitled "Sale of fireworks to minors and discharge of fireworks in certain circumstances unlawful" and was derived from 1962 Code Section 66-561; 1959 (51) 333.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 35 - Fireworks And Explosives › Section 23-35-130. Manufacture, storage, transportation or possession of certain fireworks illegal; storage and assembly of public display material; penalty.

(A) It is unlawful to manufacture, store, transport, or possess fireworks containing pyrotechnic composition in excess of two grains, designed to produce a loud and piercing effect, including, but not limited to, fireworks commonly called "ground salutes" or "cherry bombs", M-80's, T-N-T salutes, and "bulldog salutes". A manufacturer shall obtain a permit to store or assemble materials for public fireworks displays. No manufacturer may store public display material in the same building where legal fireworks are offered for sale to retailers.
(B) The provisions of this chapter do not prohibit continuous interstate commerce through this State into another state of any item of fireworks permitted for shipment by the regulations of the Interstate Commerce Commission or the United States Department of Transportation, or their successors. It is unlawful to ship into or through this State or possess, sell, or use, under any circumstances, any article of fireworks that is forbidden for transportation by regulations of the Interstate Commerce Commission, the United States Department of Transportation, or their successors.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than two years, or both.
HISTORY: 1962 Code Section 66-562; 1959 (51) 333; 1972 (57) 2742; 1986 Act No. 381, Section 2; 1993 Act No. 184, Section 199.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 35 - Fireworks And Explosives › Section 23-35-140. Repealed by 2010 Act No. 196, Section 2, eff June 1, 2010.

Editor's Note
Former Section 23-35-140 was entitled "Issuance of rules and regulations concerning permissible fireworks" and was derived from 1962 Code Section 66-562.1; 1972 (57) 2742; 1993 Act No. 181, Section 363.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 35 - Fireworks And Explosives › Section 23-35-150. Penalties.

Any person violating any provisions of this chapter or regulations promulgated by the State Fire Marshal or the State Board of Pyrotechnic Safety, unless otherwise specifically provided in this chapter, is guilty of a misdemeanor and, upon conviction, must be punished:
(1) for a first offense, by a fine of not more than two hundred dollars or imprisonment for not more than thirty days;
(2) for a second offense, by a fine of not less than five hundred dollars nor more than twenty-five hundred dollars or imprisonment for not less than sixty days, or both;
(3) for a third offense, by a fine of not less than one thousand dollars or imprisonment of not less than ninety days nor more than one year, or both.
In addition to the above penalties, the license of any wholesaler, jobber, or retailer must be permanently revoked upon conviction for a third offense.
HISTORY: 1962 Code Section 66-563; 1959 (51) 333; 1972 (57) 2742; 1986 Act No. 381, Section 3.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 35 - Fireworks And Explosives › Section 23-35-160. Repealed by 2010 Act No. 196, Section 2, eff June 1, 2010.

Editor's Note
Former Section 23-35-160 was entitled "Sale, possession, discharge or use of fireworks prohibited in certain counties; penalties" and was derived from 1962 Code Section 66-564; 1962 (52) 2252.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 35 - Fireworks And Explosives › Section 23-35-170. Manner in which powerful explosives shall be sold or delivered; reports; penalties.

No person shall sell, deliver or dispose of dynamite or similar powerful explosives, except ordinary gunpowder, unless such person knows the purchaser or the person to receive such explosive and is satisfied that the explosive is not to be used for killing fish, and then only upon a written application from the person desiring to purchase, stating the purpose for which he desires to use such explosives. A person selling, delivering or disposing of such explosives shall keep a book in which shall be recorded the name of the purchaser or person to whom the explosive is delivered, the quantity sold or so delivered and the date of such sale or delivery. No sale shall be made to a person under the age of eighteen or a person who has been convicted of a felony. Such person selling or keeping for sale the explosives mentioned in this section shall make sworn quarterly reports of such sales, the name and race of the purchaser, the amount sold and the date of sale to the county auditor of each county. The auditor of each county shall forward a copy of all reports to the South Carolina Law Enforcement Division. Any person violating this section shall be guilty of a misdemeanor, punishable by fine not to exceed one hundred dollars or imprisonment not to exceed thirty days.
HISTORY: 1962 Code Section 66-4; 1952 Code Section 66-4; 1942 Code Section 1304; 1932 Code Section 1304; Cr. C. '22 Section 197; Cr. C. '12 Section 491; 1903 (24) 124; 1971 (57) 887; 1976 Act No. 695, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-20. Legislative findings.

The General Assembly finds it necessary to assure the people of South Carolina that explosive materials are being sold, used, and stored by persons, dealers, and blasters that are duly certified or licensed to engage in the sale, use, or storage of these explosive materials by the State Fire Marshal.
HISTORY: 1986 Act No. 480, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-30. Definitions.

As used in this chapter:
(1) "Explosive materials" means any explosive, blasting agent, water gel, detonator, or other item contained in the "List of Explosive Materials" published by the Bureau of Alcohol, Tobacco and Firearms (BATF).
(2) "Explosive" means any chemical compound, mixture, or device, the primary or intended common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite and other high explosives, black powder in quantities in excess of five pounds, pellet powder, initiating explosives, detonators, squibs, and detonating cord. It does not mean small arms ammunition or components of small arms ammunition.
(3) "Blasting agent" means any material or mixture, consisting of fuel and oxidizer, intended for blasting not otherwise defined as an explosive. The finished product, as mixed for use or shipment, may not be detonated by means of a number eight test blasting cap when unconfined.
(4) "Detonator" means any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, and detonating cord delay connectors and nonelectric instantaneous and delay blasting caps which use detonating cord shock tube, or any other replacement for electric leg wires.
(5) "Person" means any natural person, partnership, association, or corporation.
(6) "Dealer" means a person engaged in the wholesale or retail business of buying and selling explosives. However, if a manufacturer or distributor of explosives makes sales to consumers, the manufacturer or distributor is required to obtain a license as a dealer.
(a) "Class I Dealer" means a person engaged in the wholesale or retail business of buying and selling any quantity and type of explosive materials.
(b) "Class II Dealer" means a person engaged in the retail business of selling black powder, flash powder, and other types of low-grade explosive.
(7) "Blaster" means a person who detonates or otherwise effects the explosion of an explosive material or who is in immediate personal charge and supervision of one or more persons who are not licensed to engage in such activity.
(8) "Sale" means delivery of an explosive with or without consideration.
(9) "Purchase" means acquisition of any explosive by a person with or without consideration.
HISTORY: 1986 Act No. 480, Section 3.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-50. Applicability of license and permit requirements.

(1) No person shall possess an explosive material unless he is the holder of a valid license or permit as required by this chapter and possesses the explosive material for the purpose stated in the license or permit.
(2) The exceptions are:
(a) contract and private carriers operating in interstate and intrastate commerce.
(b) persons possessing explosive materials while under the immediate and personal supervision and control of a person holding a valid blaster's license and engaged in the preparation for and in the exploding or otherwise effecting the explosion of explosive materials. It is unlawful for any person holding a blaster's permit to allow persons working under him to possess explosive materials except during the time when the person is loading or unloading or exploding or otherwise effecting the explosion of an explosive material under the immediate and personal supervision and control of the licensed blaster.
HISTORY: 1986 Act No. 480, Section 5.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-60. Accounting and recordkeeping requirements; access to records.

(1) Dealers must keep accurate accounts of all inventories and sales of explosive materials including explosive materials sold and used for agricultural purposes. All the sales must be evidenced by invoices or sales tickets executed in quadruplicate, the dealer retaining the original and one copy, delivering a third copy to the purchaser, and forwarding a fourth copy to the State Fire Marshal.
(2) A carbon copy of the Explosive Transaction Record as required by the United States Department of the Treasury-Bureau of Alcohol, Tobacco and Firearms and the invoices or sales tickets delivered to purchasers must bear the name of the manufacturer or dealer and purchaser, date of sale, date-shift code, quantity sold, use for which the explosive materials are purchased, and the address of the purchaser.
(3) Upon the sale or delivery of any explosive materials within the State, the selling and receiving agency of either of them shall notify the State Fire Marshal of the sale or delivery by forwarding a copy of the bill of sale or bill of lading to him.
(4) Dealers must retain all records of inventories, invoices, sales tickets, and copies and make them available to any law enforcement officer of this State and to the State Fire Marshal or his representative at such time as the State Fire Marshal considers appropriate.
(5) A blaster must keep an accurate, written inventory of all explosive materials possessed by him and a record of the use of explosive materials on forms approved by the State Fire Marshal. The inventory and record of use must be made available to any law enforcement officer of this State or to the State Fire Marshal or his representative at such time as the State Fire Marshal considers appropriate.
(6) Records required to be maintained under subsections (1) through (5) of this section may not be disposed of without approval by the State Fire Marshal. Any business which terminates its operations must turn over its records to the State Fire Marshal.
HISTORY: 1986 Act No. 480, Section 6.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-70. Notice of theft, illegal use, or illegal possession of explosive materials; inspection of magazines by dealers and blasters.

Any sheriff, police department, or law enforcement officer shall give immediate notice to the State Fire Marshal of any theft, illegal use, or illegal possession of explosive materials and shall forward a copy of his final written report to the State Fire Marshal. Any dealer or blaster who knows that explosive materials in his possession have been stolen or otherwise misappropriated shall notify immediately the nearest sheriff's office or police department and the State Fire Marshal. Each dealer and blaster must physically inspect all magazines at least once every seven days to insure security of all explosive materials.
HISTORY: 1986 Act No. 480, Section 7.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-80. Promulgation of regulations by Division of State Fire Marshal; administrative procedures applicable; enforcement of chapter by State Fire Marshal.

The Division of the State Fire Marshal shall promulgate regulations setting forth minimum general standards covering the use, sale, handling, and storage of explosive materials. The regulations must be in substantial conformity with generally accepted standards of safety concerning these subject matters. Regulations in substantial conformity with the published rules and suggested standards of the Institute of Makers of Explosives are considered in substantial conformity with accepted standards of safety. All procedures with regard to the revocation, suspension, or denial of licenses and permits shall be handled by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. The State Fire Marshal is the enforcement authority of this chapter.
HISTORY: 1986 Act No. 480, Section 8; 1993 Act No. 181, Section 364.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-90. Assessment of civil penalties; referral of civil penalties to Attorney General for collection; deposit of civil penalties in general fund.

(1) After notice and an opportunity for a hearing in accordance with the Administrative Procedures Act, the State Fire Marshal may assess a civil penalty not to exceed one thousand dollars for each violation of this chapter. In determining the amount of the penalty, the State Fire Marshal shall take into account the nature, circumstances, extent, and gravity of the violation, the degree of culpability, the history of previous offenses, the ability to pay, the effect of the penalty on the ability to continue to operate, and any other matter that justice requires.
(2) The State Fire Marshal may refer any civil penalty to the Attorney General for collection.
(3) All civil penalties collected must be deposited in the general fund of the State.
HISTORY: 1986 Act No. 480, Section 9.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-100. Revocation, suspension, or denial of license or permit.

(1) A license or permit may be revoked, suspended, or denied by the State Fire Marshal because of, but not limited to:
(a) noncompliance with any order written by the State Fire Marshal.
(b) conviction of a crime of violence or of any crime punishable by a term of imprisonment exceeding two years.
(c) advocating or knowingly belonging to any organization or group which advocates violent overthrow of or violent action against the federal, state, or local government.
(d) having or contracting physical or mental illness or condition that in the judgment of the State Fire Marshal would make the use and possession of explosive materials hazardous to the licensee or permittee and to the public.
(e) violating the terms of the license or permit or essential changes in the condition under which the license or permit was issued without prior approval of the State Fire Marshal.
(f) violating the provisions of this section. However, except for violations considered an immediate threat to public safety, the State Fire Marshal may issue a notice of noncompliance and set a time limit to achieve immediate compliance.
(g) giving false information or making a misrepresentation to obtain a license or permit.
(2) The State Fire Marshal may invoke suspension of a license or permit pending disposition of a felony charge which involves the use of explosives brought against a licensee or permittee.
HISTORY: 1986 Act No. 480, Section 10.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-110. Confiscation, storage, or disposal of explosive materials by State Fire Marshal.

(1) The State Fire Marshal or his representative has authority to confiscate, place in storage, or dispose of explosive materials in any manner considered appropriate to insure the safety of the public when:
(a) explosive materials are found abandoned as provided in Section 23-36-130.
(b) explosive materials are found stored illegally and present an immediate threat to the public safety as provided in Section 23-36-120.
(c) explosive materials are used in illegal activities.
(d) explosive materials which are found to be unsafe or unstable.
(2) The revocation or suspension of a dealer's or blaster's license or permit shall result in the confiscation of the dealer's or blaster's explosive materials. These explosive materials will be stored pending the disposition of the action.
(3) All costs incurred in the confiscation or disposal of explosive materials as provided in this section are paid by the legal owner of the confiscated explosive materials.
HISTORY: 1986 Act No. 480, Section 11.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-130. Abandonment of explosive materials.

It is unlawful to abandon explosive materials or blasting caps in any field, culvert, ditch, waterway, building, or quarry in the State.
HISTORY: 1986 Act No. 480, Section 13.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-140. Inapplicability of chapter to fireworks and to activities of government agencies.

(1) Nothing contained in this chapter applies to the regular military or naval forces of the United States, to the duly organized military force of any state or territory, or to police or fire departments in this State if they are acting within their official capacities and in the performance of their duties.
(2) Nothing contained in this chapter applies to the use of fireworks or to the sale or storage of fireworks as regulated by the State Board of Pyrotechnic Safety.
HISTORY: 1986 Act No. 480, Section 14.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-150. Regulation of explosive materials by local governments.

Nothing contained in this chapter shall affect any existing ordinances or regulations pertaining to explosive materials of any county or incorporated city or town which are not less restrictive than the provisions of this chapter or affect, modify, or limit the power of the county or incorporated city or town to adopt ordinances and regulations pertaining to explosive materials within the county or corporate limits.
HISTORY: 1986 Act No. 480, Section 15.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-160. Employment of personnel to carry out provisions of chapter; powers and authority of agents of Division of State Fire Marshal.

The Director of the Department of Labor, Licensing & Regulation, pursuant to Section 40-73-15, may employ such personnel as may be necessary to carry out the provisions of this chapter. The agents employed by the Division of the State Fire Marshal shall have statewide authority, the power of arrest, and all other powers and authority of duly certified law enforcement officers of the State.
HISTORY: 1986 Act No. 480, Section 16; 1993 Act No. 181, Section 365.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 36 - Explosives Control Act › Section 23-36-170. Criminal penalties.

Any person who violates the provisions of this chapter is guilty of a felony and, upon conviction, shall be punished:
(a) for the first offense, by a fine of not less than five hundred dollars nor more than one thousand, five hundred dollars or imprisonment for not more than five years, or both.
(b) for the second offense, by a fine of not less than one thousand, five hundred dollars nor more than five thousand dollars and imprisonment for not less than five years nor more than ten years.
(c) for the third offense, by a fine of not less than five thousand dollars nor more than ten thousand dollars and imprisonment for not less than ten years nor more than fifteen years.
(d) for any fourth or subsequent offense, by a fine of not less than seven thousand, five hundred dollars nor more than fifteen thousand dollars and imprisonment of not less than ten years nor more than fifteen years.
The license of any dealer or blaster is permanently revoked upon conviction for a second offense and no license may be issued to any person whose base operation is substantially the same as that of a person whose license has been permanently revoked.
HISTORY: 1986 Act No. 480, Section 17.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 37 - Safety Glazing Materials › Section 23-37-20. Safety glazing labeling.

(a) Each lite of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations, or installed in such a location, within the State of South Carolina shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material, hot-die stamping, transparent pressure sensitive labels, or by other suitable means. The label shall identify the seller, whether manufacturer, fabricator, or installer, the nominal thickness and the type of safety glazing material, and the fact that the material meets the test requirements of the American National Standards Institute Standard (ANSI Standard) Z-97.1-1972.
The label must be legible and visible after installation.
(b) Such safety glazing labeling shall not be used on other than safety glazing materials.
HISTORY: 1962 Code Section 32-1422; 1973 (58) 297.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 37 - Safety Glazing Materials › Section 23-37-30. Sale or installation of, or other actions with regard to, glazing material other than safety glazing materials in hazardous location.

It shall be unlawful within this State to knowingly sell, fabricate, assemble, glaze, install, cause to be installed or consent to installation of glazing materials other than safety glazing materials in any hazardous location in the State.
HISTORY: 1962 Code Section 32-1423; 1973 (58) 297.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 37 - Safety Glazing Materials › Section 23-37-40. Liability of workmen.

No liability under this chapter shall be created as to workmen who are employees of a material supplier, contractor, subcontractor, or other employee responsible for compliance with this chapter.
HISTORY: 1962 Code Section 32-1424; 1973 (58) 297.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 37 - Safety Glazing Materials › Section 23-37-50. Penalties.

Any person who violates the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than five hundred dollars nor more than ten thousand dollars, or be imprisoned for not more than one year, or both.
HISTORY: 1962 Code Section 32-1425; 1973 (58) 297.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 37 - Safety Glazing Materials › Section 23-37-60. Application of chapter.

This chapter applies only to installations and replacements made after July 1, 1974, and shall not apply to contracts awarded or pursuant to an invitation for bids accomplished before July 1, 1974.
HISTORY: 1962 Code Section 32-1426; 1973 (58) 297.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 39 - Hazardous Substances Act › Section 23-39-30. Promulgation of regulations declaring substances hazardous and establishing variations and exemptions.

(a) Whenever in the judgment of the Commissioner such action will promote the objectives of this chapter by avoiding or resolving uncertainty as to application, the Commissioner may by regulation declare to be a hazardous substance, for the purposes of this chapter, any substance or mixture of substances which he finds meets the requirements of subparagraph 1(a) of Section 23-39-20(e).
(b) If the Commissioner finds that the requirements of Section 23-39-20(o)(1) are not adequate for the protection of the public health and safety in view of the special hazard presented by any particular hazardous substance, he may by regulation establish such reasonable variations or additional label requirements as he finds necessary for the protection of the public health and safety; and any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such regulations shall be deemed to be a misbranded hazardous substance.
(c) If the Commissioner finds that, because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the Commissioner shall promulgate regulations exempting such substances from these requirements to the extent he determines to be consistent with adequate protection of the public health and safety.
(d) If the Commissioner finds that the hazard of an article subject to this chapter is such that labeling adequate to protect the public health and safety cannot be devised, or the article presents an imminent danger to the public health and safety, the Commissioner may declare such article to be a banned hazardous substance and require its removal from commerce.
HISTORY: 1962 Code Section 32-1813; 1971 (57) 250.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 39 - Hazardous Substances Act › Section 23-39-40. Prohibited acts.

The following acts and the causing thereof are hereby prohibited:
(a) The introduction or delivery for introduction into commerce of any misbranded hazardous substance or banned hazardous substance.
(b) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance if such act is done while the substance is in commerce, or while the substance is held for sale (whether or not the first sale) after shipment in commerce, and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance.
(c) The receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery thereof for pay or otherwise.
(d) The giving of a guarantee or undertaking referred to in Section 23-39-50(b)(2) which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance.
(e) The failure to permit entry or inspection as authorized by Section 23-39-100(a) or to permit access to and copying of any record as authorized by Section 23-39-110.
(f) The introduction or delivery for introduction into commerce, or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug, or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this paragraph, the terms "food," "drug," and "cosmetic" shall have the same meanings as in the South Carolina Food, Drug, and Cosmetic Act.
(g) The use by any person to his own advantage, or revealing other than to the Commissioner or officers or employees of the agency, or to the courts when relevant in any judicial proceeding under this chapter, of any information acquired under authority of Section 23-39-100 concerning any method of process which as a trade secret is entitled to protection.
HISTORY: 1962 Code Section 32-1814; 1971 (57) 250.