South Carolina § 16-23-55 - Procedure for returning found handgun.

§ 16-23-55. Procedure for returning found handgun.

(A) A handgun that is found and turned over to a law enforcement agency must be held for a period of ninety days. During that period, the agency shall make a diligent effort to determine:

(1) if the handgun is stolen;

(2) if the handgun has been used in the commission of a crime; and (3) the true owner of the handgun.

(B) At least twice during the ninety-day holding period, the agency shall advertise the handgun with its full description in a newspaper having general circulation in the county where the handgun was found.

(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the handgun, the agency shall return the handgun to this person if the individual pays all advertising and other costs incidental to returning the handgun.

(D) Notwithstanding subsection (C), the agency shall not return a handgun to the individual who found and turned it in if that individual is prohibited under state or federal law from possessing or receiving a handgun. The agency may dispose of any handgun that is not reclaimed or returned under this section by sale in accordance with Sections 27-21-20 and 27-21-22.

HISTORY: 1989 Act No. 172, SECTION 1; 2004 Act No. 294, SECTION 1, eff August 16, 2004; 2024 Act No. 111 (H.3594), SECTION 5, eff March 7, 2024.

Editor's Note

Section 23-31-140, referenced in subsections (C) and (D), was repealed by 2012 Act No. 285.

2024 Act No. 111, SECTIONS 1 and 24, provide as follows:

"SECTION 1. This act may be cited as the 'South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024'."

"SECTION 24. No provision in this act should be construed as the General Assembly discouraging responsible gun ownership; and the General Assembly, in fact, encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon."

Effect of Amendment

2024 Act No. 111, SECTION 5, in (C), in the first sentence, deleted "fully completes the application process as described in Section 23-31-140 and in federal law, and" following "if the individual", and deleted the second sentence, which had provided that no handgun may be returned until the individual fully completes the application; and rewrote (D).