NOTE: This information is not provided as legal advice. Always consult a lawyer and seek legal guidance.
2012 South Carolina Code of Laws
Title 16 – Crimes and Offenses
Chapter 23 – OFFENSES INVOLVING WEAPONS
Section 16-23-405 – Definition of “weapon”; confiscation and disposition of weapons used in commission or in furtherance of crime.
(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, “weapon” means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.
(B) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated. Each weapon must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated weapon may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols in this State for a pistol or other equipment approved by the agency, or destroy it. A weapon may not be disposed of until the results of all legal proceedings in which it may be involved are finally determined. A firearm seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory.
South Carolina’s definition of “weapon,” which includes blackjack.
A person convicted of a crime shall have his or her weapon (which was directly used in the crime) confiscated. Then the confiscated weapon will be turned over to the law enforcement agency, who may use it within the agency, transfer it to another another law enforcement agency for legal use, trade it with a licensed pistols retailer for a pistol or other equipment approved by the agency, or destroy it.
The weapon may not be disposed of until all legal proceedings (in which the weapon may be involved) arrive at final decision.