Terms Used In South Carolina Code > Title 23 > Chapter 31 - Firearms

• 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. See South Carolina Code 23-31-1010
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antique firearm: means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. See South Carolina Code 23-31-310
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• bank: as used in this title must be construed to include all institutions doing any kind of banking business whose deposits are eligible for insurance by the Federal Deposit Insurance Corporation, excluding a savings bank, and "building and loan association" as used in this title must be construed to include a mutual or stock savings association, savings and loan association, or savings bank and all other institutions doing any kind of building and loan business whose deposits are eligible for insurance by the Federal Savings and Loan Insurance Corporation. See South Carolina Code 34-1-10
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the State Board of Financial Institutions. See South Carolina Code 34-39-120
• Board: means the State Board of Financial Institutions. See South Carolina Code 34-41-10
• Business: includes trade, profession, occupation, or employment. See South Carolina Code 12-6-30
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Cashing: means providing currency for payment instruments but does not include the bona fide sale or exchange of travelers checks and foreign denomination payment instruments. See South Carolina Code 34-41-10
• Catastrophe Savings Account: means a regular savings account or money market account established by an insurance policyholder for residential property in this State to cover an insurance deductible under an insurance policy for the taxpayer's legal residence property that covers hurricane, rising floodwaters, or other catastrophic windstorm event damage or by an individual to cover self-insured losses for the taxpayer's legal residence from a hurricane, rising floodwaters, or other catastrophic windstorm event. See South Carolina Code 12-6-1620
• Check: means a check signed by the maker and made payable to a person licensed pursuant to this chapter. See South Carolina Code 34-39-120
• Committed to a mental institution: means a formal commitment of a person to a mental institution by a court of competent jurisdiction. See South Carolina Code 23-31-1010
• Community development corporation: means a nonprofit corporation which:
  
  (a) is chartered pursuant to Chapter 31 of Title 33;
  
  (b) is tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended;
  
  (c) has a primary mission of developing and improving low-income communities and neighborhoods through economic and related development;
  
  (d) has activities and decisions initiated, managed, and controlled by the constituents of those local communities;
  
  (e) has a primary function of developing projects and activities designed to enhance the economic opportunities of the people in the community served, including efforts to enable them to become owners and managers of small businesses and producers of affordable housing and jobs in the community served;
  
  (f) does not provide credit, capital, or other assistance from public funds in an amount greater than twenty-five thousand dollars at one time or in one transaction. See South Carolina Code 34-43-20
• Community development financial institution: means an organization that:
  
  (a) has a primary mission of promoting community development by providing credit, capital, or development services to small businesses or home mortgage assistance to individuals including, but not limited to, capital access programs, microlending, franchise financing, and guaranty performance bonds;
  
  (b) maintains, through representation on its governing board, accountability to persons in need of the institution's services;
  
  (c) is not an agent or instrumentality of the United States, or of a state or political subdivision of a state nor maintains an affiliate relationship with any of them;
  
  (d) maintains a goal of providing a majority of its services to low-income individuals, minorities, females, or rural areas;
  
  (e) provides capital and technical assistance to small and micro businesses or mortgage assistance to individuals;
  
  (f) does not provide credit, capital, or other assistance in an amount greater than two hundred fifty thousand dollars at one time or in one transaction. See South Carolina Code 34-43-20
• Concealable weapon: means a firearm having a length of less than twelve inches measured along its greatest dimension that may be carried openly on one's person or in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property. See South Carolina Code 23-31-210
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defense attorney: Represent defendants in criminal matters.
• Deferred presentment services: means a transaction pursuant to a written agreement involving the following combination of activities in exchange for a fee:
  
  (a) accepting a check dated on the date it was written; and
  
  (b) holding the check for a period of time before presentment for payment or deposit. See South Carolina Code 34-39-120
• Department: means the South Carolina Department of Commerce. See South Carolina Code 34-43-20
• Depositor: means an individual member or customer of a financial institution who:
  
  (a) maintains a qualifying account at a financial institution participating in a savings promotion contest;
  
  (b) is in good standing at a financial institution authorized to do business in South Carolina; and
  
  (c) is eighteen years of age or older. See South Carolina Code 34-45-20
• Entry: means a chance or chances obtained by a depositor to win a designated prize or prizes in a savings promotion contest by complying with the terms and conditions of a savings promotion contest. See South Carolina Code 34-45-20
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Financial institution: means a bank, a savings institution, or a credit union authorized to do business in South Carolina under federal or state law. See South Carolina Code 34-45-20
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• individual: means a human being. See South Carolina Code 12-2-20
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legal residence: means the taxpayer's legal residence pursuant to § 12-43-220(c). See South Carolina Code 12-6-1610
• Level II check-cashing service: means any person or entity engaged in the business of cashing checks, drafts, or money orders for a fee, service charge, or other consideration. See South Carolina Code 34-41-10
• Licensee: means a person licensed to provide deferred presentment services pursuant to this chapter. See South Carolina Code 34-39-120
• Licensee: means a person or entity licensed to engage in either a Level I or Level II check-cashing service pursuant to this chapter. See South Carolina Code 34-41-10
• Location: means the entire space in which deferred presentment services are provided. See South Carolina Code 34-39-120
• 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. See South Carolina Code 23-31-1010
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Nonresident estate: means an estate other than a resident estate. See South Carolina Code 12-6-30
• nonresident individual: means an individual other than a resident individual or a part-year resident. See South Carolina Code 12-6-30
• Nonresident trust: is a trust other than a resident trust. See South Carolina Code 12-6-30
• Oath: A promise to tell the truth.
• Oversight: Committee review of the activities of a Federal agency or program.
• Part-year resident: means an individual who is a resident individual for only a portion of the tax year. See South Carolina Code 12-6-30
• Participating financial institution: means a financial institution authorized to do business in South Carolina that is sponsoring a savings promotion contest. See South Carolina Code 34-45-20
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• person: includes any individual, trust, estate, partnership, receiver, association, company, limited liability company, corporation, or other entity or group; and
  
  (2) "individual" means a human being. See South Carolina Code 12-2-20
• Person: means an individual, group of individuals, partnership, association, corporation, or other business unit or legal entity. See South Carolina Code 34-39-120
• Person: means an individual, partnership, association, or corporation. See South Carolina Code 34-41-10
• Personal property: All property that is not real property.
• Picture identification: means :
  
  (a) a valid driver's license or photographic identification card issued by the state in which the applicant resides; or
  
  (b) an official photographic identification card issued by the Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State. See South Carolina Code 23-31-210
• Principal place of business: means the domicile of a corporation. See South Carolina Code 12-6-30
• Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Proof of training: means an original document or certified copy of the document supplied by an applicant that certifies that he is either:
  
  (a) a person who, within three years before filing an application, successfully has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. See South Carolina Code 23-31-210
• Qualified deductible: means the deductible for the individual's homeowner's policy for a taxpayer's legal residence. See South Carolina Code 12-6-1610
• Qualified nonresident: means an individual who owns real property in South Carolina, but who resides in another state. See South Carolina Code 23-31-210
• Qualifying account: means :
  
  (a) a savings account or other savings product or program offered by a participating financial institution into which deposits may be made by a depositor;
  
  (b) the account is evidenced by periodic statements that are delivered to the depositor or are available to the depositor through electronic access; and
  
  (c) the interest rate for the qualifying account is similar to, and not less than, the interest rates of other comparable nonqualifying accounts. See South Carolina Code 34-45-20
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Resident: means an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders. See South Carolina Code 23-31-210
• Resident individual: means an individual domiciled in this State. See South Carolina Code 12-6-30
• Rifle: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. See South Carolina Code 23-31-310
• Savings promotion contest: means a contest or promotion sponsored by a financial institution or a group of financial institutions in which a chance of winning designated prizes is obtained by a depositor when the depositor:
  
  (a) deposits a specified amount of money or makes a specified number of deposits into the depositor's qualifying account; or
  
  (b) participates in one or more savings products or programs. See South Carolina Code 34-45-20
• Sawed-off rifle: means a rifle having a barrel or barrels of less than sixteen inches in length or a weapon made from a rifle which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than sixteen inches in length. See South Carolina Code 23-31-310
• Sawed-off shotgun: means a shotgun having a barrel or barrels of less than eighteen inches in length or a weapon made from a shotgun which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than eighteen inches in length. See South Carolina Code 23-31-310
• Serious bodily injury: means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ. See South Carolina Code 23-31-400
• Shotgun: means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each pull of the trigger. See South Carolina Code 23-31-310
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Taxpayer: includes an individual, trust, estate, partnership, association, company, corporation, or any other entity subject to the tax imposed by this chapter or required to file a return. See South Carolina Code 12-6-30
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Use a firearm: means to discharge a firearm. See South Carolina Code 23-31-400