SC: Constitutional Carry Advances, Passes House Committee 15-7

Gun Watch ^ | 23 March, 2017 | Dean Weingarten

[marktwain]

H. 3930, a Constitutional Carry bill is on the move in South Carolina. On March 9th, it passed the Judiciary Constitutional Laws Subcommittee. On 21 March, it passed the full committee with a vote of 15 to 7.  Now it will advance to a vote before the full House. Last year a similar bill passed the House, but died in the Senate. From goupstate.com:

The bill by state Rep. Mike Pitts, R-Laurens, calls for what is often referred to as “constitutional carry” by allowing people who are legally permitted to own a firearm to carry one – concealed or in the open – without having to obtain a permit from the government.

A House panel sent the proposed law to the floor on a 15-7 vote Tuesday, over the concerns of several legislators – including Richland Democratic Rep. James Smith – who argued the bill has too many gray areas.

From thestate.com:

“The right to carry is a constitutional amendment in the Bill of Rights,” Pitts said. “It is a constitutionally protected right, and that’s why I don’t think the government should (issue a) permit” for the carrying of a gun.

Pitts introduced a similar bill in 2016. But this year’s bill also would allow for “open carry,” which means a person can carry a firearm without having to conceal it.

The proposal does not change where firearm owners can carry their weapons. They would still be barred from carrying into schools and other already prohibited locations. And private businesses could still bar firearms from their establishments.

Here is a relevant section of the proposed legislation. The convention is that a strikethrough indicates text to be removed. Underlined text is text that is to be added.  From scstatehous.gov:

SECTION 2. Section 16-23-20 of the 1976 Code is amended to read:

"Section 16-23-20. (A) It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law: with the intent to use the handgun unlawfully against another person. The intent to use a handgun unlawfully against another person must not be inferred from the mere possession, carrying, or concealment of the handgun, whether it is loaded or unloaded.

Here is how it looks when the strikethru and underlining purposes are put into effect:

SECTION 2. Section 16-23-20 of the 1976 Code is amended to read: 

"Section 16-23-20. (A) It is unlawful for anyone to carry about the person any handgun, whether concealed or not, , except as follows, with the intent to use the handgun unlawfully against another person. The intent to use a handgun unlawfully against another person must not be inferred from the mere possession, carrying, or concealment of the handgun, whether it is loaded or unloaded.

The requirement for an unlawful intent to prosecute the carry of a weapon is similar to Constitutional Carry law in Vermont and Arkansas. Self defense is lawful. Carrying a weapon for self defense would not be a violation of the law.

The bill has a chance of passage. If it becomes law, South Caroling would join the Constitutional Carry club, increasing the number of states with Constitutional Carry to 13. The law would simultaneously decrease the states that routinely ban the open carry of holstered handguns from five to four, leaving only Florida, California, New York, and Illinois in that group. Florida is currently considering an open carry law, but the bill is bottled up in committee.

©2017 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch

[marktwain]

The bill should be coming up for a vote in the State Senate soon.

[NorthMountain]

Make South Carolina green!

[Tilted Irish Kilt]

Ping

[bravo whiskey]

That is nice. Now SC start recognizing out of state chp. Until they do for Colorado I will not be visiting

[TXnMA]

Pingo! ‘-)

[NorthMountain]

If this bill is enacted, “permits” become irrelevant in SC.

[PROCON]

RKBA Ping List

This Ping List is for all things pertaining to the 2nd Amendment.

FReepmail me if you want to be added to or deleted from the list.

[upchuck]

Contact your State Senator today about this.

South Carolina Ping   
Send FReepmail to join or leave this list.

[RipSawyer]

“Section 16-23-20. (A) It is unlawful for anyone to carry about the person any handgun, whether concealed or not, , except as follows, with the intent to use the handgun unlawfully against another person.

Is this the actual wording? It seems to say that it us unlawful to carry a handgun, concealed or not, unless you intend to use said handgun unlawfully against another person.

[ThePatriotsFlag]

I live in SC ... I carry every day (with my permit). I’m not sure I want “just anybody” able to carry a gun. Yes I’ve read the Constitution, Yes I know government shouldn’t “restrict” my “rights”...yada yada yada. What I support is anybody can carry IF THEY HAVE BEEN TRAINED. Driver training is required for operating a motor vehicle, and you have to pass a driver’s test. A vehicle is lethal in untrained hands, and so is a gun.

[Blood of Tyrants]

Here in Tennessee we had a Rat controlled General Assembly for over 150 years. The GOP kept telling us to put them in charge and things would be different. So we did.

So far, CC has been introduced into the House and Senate for several years and the RINOs keep killing it in committee even though the Republican governor has said he would sign the legislation. Even if he didn’t, it only takes a simple majority to override his veto and the GOP holds better than 70% of the seats in both houses.

[Gamecock]

SC policy is that we will offer reciprocity to citizens of states that recognizes our CWP.

[NorthMountain]

Yes I’ve read the Constitution

but you're not willing to insist that your government, sworn to uphold that Constitution, abide by it. You're perfectly willing to allow your elected servants to violate their oaths of office.

Meanwhile, 13 (if I counted correctly) States have decided to abide by the Constitution. My home State of West Virginia is among them. Blood is not running in the streets; the towns are not having shootouts at high noon (that's in Chicago), "untrained" people are not running amok brandishing guns at each other over parking lot disputes. Perhaps West Virginians are just that much more civilized, that much more virtuous, that much more self-controlled than South Carolinians? Honestly? I doubt it.

[marktwain]

I believe they have changed that.

"Section 16-23-20.    (A)    It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law: with the intent to use the handgun unlawfully against another person. The intent to use a handgun unlawfully against another person must not be inferred from the mere possession, carrying, use, or concealment of the handgun, whether it is loaded or unloaded.

http://www.scstatehouse.gov/sess122_2017-2018/bills/3930.htm

I believe the original version had that mistake.

[StoneWall Brigade]

Thanks for the ping this is very good news

[ThePatriotsFlag]

I want people TRAINED. I have a 76 year old NUTCASE living next door to me that sits in his back yard drinking beer throwing rocks at birds and stray animals. He says he can’t wait to get his new gun. 3 doors down is a lady that says she’d like to shoot tires of Democrat cars with Obama stickers ... “if I only had a gun!” You can be a purist about this “constitutional carry” if you want to, but you better add a dose of realism to it. Would you advocate no need for a driver’s license to drive a car? This isn’t an anarchy we live in, it is a COMMUNITY ... and rules are not all bad when it comes to keeping us safe.

[ThePatriotsFlag]

Question....if it passes and I no longer need (or can get) a SC permit, what do I do when I go to Georgia or Florida. My permit gives me reciprocal permission to carry. Without the permit am I losing my reciprocal permission to carry?