S0138 amends South Carolina Code Section 17-1-65, which was created in connection with the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024. The bill preserves the existing expungement process for one prior conviction for unlawful possession of a handgun, provided the conviction occurred before enactment of the 2024 act and the application is filed within five years.
The main change is that the state would be required to dismiss all pending unlawful handgun possession charges that were nullified by the 2024 constitutional carry law, even if the earlier act’s savings clause would otherwise preserve them. The bill also makes clear that if the handgun-possession charge was used as probable cause for another offense from the same incident, the related charges are not automatically dismissed. It further bars the dismissed handgun-possession charge from being used as the basis for a civil action arising from the arrest.
Impact
This bill would directly affect criminal cases involving unlawful possession of a handgun under Section 16-23-20 by requiring dismissal of certain pending charges that were rendered invalid by the 2024 constitutional carry law. It would not reopen or automatically erase all related prosecutions, because associated charges tied to the same incident may remain if they were supported by probable cause independent of the dismissed handgun charge. The bill also limits civil liability exposure by preventing the dismissed handgun-possession arrest from serving as the basis for a civil action. In practical terms, it would alter how courts, prosecutors, and defendants handle pending handgun-possession cases and related collateral claims.
Sentiment
Based on the bill text and available context, the measure appears to be framed as a cleanup and implementation bill for the 2024 constitutional carry law, with a generally pro-dismissal, pro-gun-rights orientation. No committee transcripts or recorded votes are available, so there is no documented debate or roll-call evidence showing support or opposition. The caption and language suggest the bill is intended to provide relief to affected defendants and to align pending cases with the earlier law’s changes.
Contention
The main point of potential contention is the retroactive dismissal of pending unlawful handgun possession charges, especially the decision to override the savings clause from the 2024 act. Supporters would likely view this as necessary to fully implement constitutional carry reforms and prevent prosecutions under a repealed or nullified offense. Opponents, if any, may focus on the retroactive effect, the treatment of pending cases, and the bill’s restriction on civil actions. The bill also draws a line by preserving related charges arising from the same incident, which may matter in cases where handgun possession was only one part of a broader prosecution.