TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-540 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO KNOWINGLY POSSESS ANY FIREARM WITHOUT LAWFUL AUTHORITY TO DO SO AND TO PROVIDE GRADUATED PENALTIES FOR THE OFFENSE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 5, Chapter 23, Title 16 of the 1976 Code is amended by adding:

"Section 16-23-540.    Notwithstanding another provision of law, a person who, without lawful authority pursuant to state or federal law, knowingly possesses a firearm of any kind is guilty of a felony and, upon conviction, for a:

(1)    first offense, must be fined not more than five thousand dollars or imprisoned for not more than five years;

(2)    second offense, must be fined not more than ten thousand dollars or imprisoned for not more than ten years, or both; and

(3)    third offense, must be fined not more than fifteen thousand dollars or imprisoned for not more than fifteen years, or both."

SECTION    2.    This act takes effect upon approval by the Governor.