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1993-02-08
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PART 3 of 3 PARTS
The law was "never intended to do anything about South Carolina
crime," said DeFreese, of the state police agency.
Though South Carolina's overall violent-crime rate has outpaced
Virginia's, a lower percentage of South Carolina slayings are
committed with handguns than in Virginia, officials say. In fact,
the percentage of slayings that involve handguns in South Carolina
dropped from 54 percent in 1975 to 47.5 percent in 1991. Meanwhile,
Virginia's percentage climbed from 48 percent to 58 percent.
Theodore said the South Carolina measure passed with little
opposition from the gun lobby, which was not well organized here at
the time. In the 17 years since then, "I haven't heard any major
criticism," Theodore said.
James G. Bogle Jr., the assistant attorney general who oversees
the enforcement of the South Carolina measure, said that in 10
years, he couldn't recall any complaints about the law. He said it
has never been challenged in court. "It's an accepted fact," Bogle
said.
Wilson, one of the law's sharpest critics, acknowledged that it
"has not been a hot button at all."
After eight years in the South Carolina General Assembly, Wilson
said, he could recall only a half-dozen complaints about the law.
"And when they call me they are not hysterical. It isn't like they
are calling on taxes," he said.
South Carolina gun dealers disagree about the effect of the law.
"This has not presented a problem," said Nat Russ, assistant
manager of the Capitol Loan Pawn Shop, a block from the Statehouse
in Columbia. "I don't see how this could hurt any legitimate dealer.
The only people that want to buy two or more guns a month probably
want to peddle them on the streets."
Gary Derrick, manager of the Ballistics Center, a gun store
located about five miles outside Columbia, said he gets fewer
impulse buyers because of the law, which he believes harasses honest
people. "I've had them catch people for buying two hours earlier
than they should," Derrick said.
Initially, many of the South Carolinians caught buying two or
more guns in a 30-day period automatically were charged with a
felony, punishable by at least two years in prison or a $2,000 fine
or both. But most of the purchases were discovered to be oversights
by the buyers and they were not convicted.
Now, state authorities seize the guns that were bought in
violation of the law, but only 10 percent of the persons caught are
prosecuted after the cases are investigated.
In South Carolina, handgun buyers fill out state and federal
forms before the sales are completed. The buyers affirm that they
have not purchased a handgun within the past 30 days. The form is
mailed to state police within 10 days and the transaction is entered
into its computer. A criminal background check is made (felons
cannot purchase guns) and the computer shows whether the person has
bought any other handguns in the last month.
Even within South Carolina families, the wisdom of the law can be
in dispute. Darin Dougherty, of Columbia, who also was target
shooting, said the law makes no sense. "I can build as much an
arsenal buying one gun a month as I can buying more," he said.
But Dougherty's wife, Teresa, who is a gun enthusiast too,
challenged her husband. "I don't think it's a hassle," she said.
"Who needs to buy even 12 guns a year?"