South Carolina 2025-2026 Regular Session

South Carolina House Bill H3598

Introduced
1/14/25  

Caption

A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 14-17-325, RELATING TO REQUIRING CLERKS OF COURT TO REPORT THE DISPOSITION OF EACH CASE IN GENERAL SESSIONS COURT, SO AS TO REQUIRE THAT CLERKS OF COURT REPORT THE DISPOSITION OF CASES TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FORTY-EIGHT HOURS OF THE ISSUANCE OF CERTAIN ORDERS; BY AMENDING SECTION 22-1-200, RELATING TO REQUIRING MAGISTRATES TO REPORT THE DISPOSITION OF EACH CASE TO STATE LAW ENFORCEMENT, SO AS TO REQUIRE THAT MAGISTRATES REPORT THE DISPOSITION OF CASES TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FORTY-EIGHT HOURS OF THE ISSUANCE OF CERTAIN ORDERS; BY AMENDING SECTION 14-25-250, RELATING TO REQUIRING MUNICIPAL JUDGES TO REPORT THE DISPOSITION OF EACH CRIMINAL CASE, SO AS TO REQUIRE THAT MUNICIPAL JUDGES REPORT THE DISPOSITION OF CASES TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FORTY-EIGHT HOURS OF THE ISSUANCE OF CERTAIN ORDERS; BY ADDING SECTION 23-1-260 SO AS TO REQUIRE EACH LAW ENFORCEMENT AGENCY TO REPORT TO THE STATE LAW ENFORCEMENT DIVISION WITHIN TWENTY-FOUR HOURS OF THE FILINGS OF CERTAIN INCIDENT REPORTS; AND BY ADDING ARTICLE 9 TO CHAPTER 23, TITLE 16 SO AS TO DEFINE NECESSARY TERMS, TO REQUIRE THAT NO GUN TRANSFER PRECEDED BY A CRIMINAL BACKGROUND CHECK MAY PROCEED, UNLESS THE CRIMINAL BACKGROUND CHECK HAS CONCLUDED THAT THE SALE MAY PROCEED, OR UNTIL AT LEAST FIVE DAYS HAVE PASSED FROM THE INITIATION OF THE BACKGROUND CHECK AND THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM HAS NOT REPORTED THAT THE SALE WOULD VIOLATE STATE OR FEDERAL LAW, AND TO PROVIDE FOR CRIMINAL PENALTIES FOR VIOLATIONS OF THIS ARTICLE.

Summary

H3598 would tighten and accelerate reporting requirements to the South Carolina Law Enforcement Division (SLED) for courts and law enforcement agencies, and it would create a new state rule governing firearm transfers after a background check. The bill shortens the reporting window from five days to 48 hours for clerks of court, magistrates, and municipal judges when reporting case dispositions and certain orders involving restraining orders, domestic violence, stalking, bond restrictions, and firearm prohibitions. It also requires law enforcement agencies to report certain incident reports, domestic violence-related filings, and firearm-prohibiting incidents to SLED within 24 hours. The bill’s firearm-transfer section would prohibit a licensed dealer from delivering a firearm after initiating a National Instant Criminal Background Check System (NICS) check unless the dealer receives a proceed/unique identification number or five days pass without a disqualifying notice from NICS. It defines key terms such as firearm, licensed dealer, transfer, and transferee, and makes violations a misdemeanor punishable by up to three years in prison, a fine of up to $1,000, or both. The act would take effect upon gubernatorial approval.

Impact

H3598 would amend reporting statutes in Title 14, Title 22, and Title 23 to require faster transmission of criminal case dispositions and firearm-related protective orders to SLED, and it would add a new reporting duty for law enforcement agencies. It would also add a new Article 9 to Chapter 23, Title 16 establishing a state-level waiting-period/proceed-or-delay framework for firearm sales and transfers conducted through licensed dealers after a NICS background check. The bill would affect clerks of court, magistrates, municipal judges, law enforcement agencies, licensed firearms dealers, and firearm purchasers/transferees, while giving SLED and Court Administration authority over reporting formats and forms.

Sentiment

Based on the bill text and available context, the measure appears to be framed as a public-safety and firearms-administration bill, with an emphasis on faster information sharing and preventing prohibited persons from obtaining firearms. There is no recorded committee transcript or vote history in the provided material, so no formal support or opposition can be measured from debate or roll calls. The caption and structure suggest the bill is intended to strengthen compliance and coordination rather than make broad procedural changes.

Contention

The most likely points of contention are the firearm-transfer provisions and the shortened reporting deadlines. Supporters would likely view the bill as improving SLED’s access to timely records and closing gaps that could allow prohibited persons to pass background checks or receive firearms before disqualifying information is entered. Opponents may focus on the five-day default waiting period for dealer transfers, potential burdens on licensed dealers and purchasers, and the administrative demands placed on courts and local law enforcement to meet 24- and 48-hour deadlines. The bill also raises possible concerns about implementation, data-sharing capacity, and whether the state waiting-period rule could interact with federal background-check procedures.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.