(A)(1) A person, including a dealer, who violates the provisions of this article, except § 16-23-20, is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.

(2) A person violating the provisions of § 16-23-20 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

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Terms Used In South Carolina Code 16-23-50

  • Conviction: A judgement of guilt against a criminal defendant.
  • Dealer: means any person engaged in the business of selling firearms at retail or any person who is a pawnbroker. See South Carolina Code 16-23-10
  • Division: means the State Law Enforcement Division. See South Carolina Code 16-23-10
  • Handgun: means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges. See South Carolina Code 16-23-10
  • Person: means any individual, corporation, company, association, firm, partnership, society, or joint stock company. See South Carolina Code 16-23-10
  • sell: means to knowingly buy, offer to buy, receive, lease, rent, barter, exchange, pawn or accept in pawn. See South Carolina Code 16-23-10
  • weapon: means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death. See South Carolina Code 16-23-405

(B) In addition to the penalty provided in this section, the handgun involved in the violation of this article must be confiscated. The handgun must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated handgun may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell handguns in this State for a handgun or any other equipment approved by the agency, or destroy it. A weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the handgun, the division may keep the handgun for use by its forensic laboratory. Records must be kept of all confiscated handguns received by the law enforcement agencies under the provisions of this article.