:: Index of Pending South Carolina Firearms Legislation

See Also Weapons (this index)
Concealed Weapons
Concealed weapons holder; delete restriction place on holder on carrying on a post-secondary school property under certain circumstances and provide institution should develop policies: h3248, h3262
Concealed weapons, carry while on duty; include persons who are retired from certain offices and clerks of court: s0324, h3205
Concealed weapons; create cause of action for CWP holder who is injured on premises where prohibited; Institutional Concealed Weapons Permit, created; Create exceptions for mandatory evacuations and other provisions: s0088, s0432
National Concealed Weapons Permit Reciprocity Act: h3240
Persons allowed to carry concealed weapons while on duty; include victim advocates employed by law enforcement: h3174
Premises owner’s right to permit concealed weapons; provide that the owner is liable for any injury sustained by a concealed weapon permit holder and provide civil liabilities: h3239
Firearms Criminal Background Checks; require national instant check must be completed before delivery of firearm: s0143
Firearms Criminal Background Checks; require that national instant criminal background check be completed and other provisions: h3180, h3181
Firearms criminal background checks; require a 28 day waiting period for purchasers or transferees under certain conditions: h3328
Firearms; a firearm may be used to kill an animal in self-defense, defense of another or of a domestic animal; Incidents with big game or alligators must be reported to DNR and carcasses may not be retained: s0021
Firearms; provide it is a felony to solicit, persuade, encourage or entice a transfer of a firearm or ammunition that violates the law; penalties: s0430
Greentip ammunition; provide it is unlawful to use, transport, manufacture, possess, distribute, sell or buy and provide penalties: h3252
Handguns, offenses for discharging into properties; expand purview to include shopping malls, movie theaters, parking lots and other public gatherings: h3192
Handguns, offenses; increase the penalty and fines for unlawful carrying: h3182
Handguns, offenses; restructure the penalty and provide tiered penalty structure: h3190
Handguns, unlawful carry or sale; create graduated penalties for subsequent offenses: h3191
Handguns, unlawful carrying; add additional exceptions for emergency medical service providers, firefighters, and other first responders during certain circumstances: h3187
Jacob Hall’s Law: s0085, h3330
Law Enforcement Training Council; develop guidelines for a training program to first responders that certifies them to possess firearms on school premises and other circumstances: h3566
Lizzy’s Law: h3217
Offenses involving weapons; include assault weapons and increase penalties for violations; create a two-tiered penalty scheme; provide violations and penalties for selling to anyone who appears on the terrorist watch list: h3183
Offenses involving weapons; no gun transfer may occur until after 28 days after background check; provide penalties: s0158, s0159
SC Constitutional Carry Act of 2017: s0449, h3700
Terrorist watch list; provide it is unlawful to sell or give a firearm to a person whose name appears on the terrorist watch list and penalties for violations: h3266
Weapons, offenses involving; provide it is unlawful to threaten to cause damage, injury or death to person or property with a firearm; provisions and penalties: s0431
Concealed Weapons
Concealed weapons holder; delete restriction place on holder on carrying on a post-secondary school property under certain circumstances and provide institution should develop policies: h3248, h3262
Concealed weapons, carry while on duty; include persons who are retired from certain offices and clerks of court: s0324, h3205
Concealed weapons; create cause of action for CWP holder who is injured on premises where prohibited; Institutional Concealed Weapons Permit, created; Create exceptions for mandatory evacuations and other provisions: s0088, s0432
National Concealed Weapons Permit Reciprocity Act: h3240
Persons allowed to carry concealed weapons while on duty; include victim advocates employed by law enforcement: h3174
Premises owner’s right to permit concealed weapons; provide that the owner is liable for any injury sustained by a concealed weapon permit holder and provide civil liabilities: h3239
Firearms Criminal Background Checks; require national instant check must be completed before delivery of firearm: s0143
Firearms Criminal Background Checks; require that national instant criminal background check be completed and other provisions: h3180, h3181
Firearms criminal background checks; require a 28 day waiting period for purchasers or transferees under certain conditions: h3328
Firearms; provide it is a felony to solicit, persuade, encourage or entice a transfer of a firearm or ammunition that violates the law; penalties: s0430
Greentip ammunition; provide it is unlawful to use, transport, manufacture, possess, distribute, sell or buy and provide penalties: h3252
Handguns, offenses for discharging into properties; expand purview to include shopping malls, movie theaters, parking lots and other public gatherings: h3192
Handguns, offenses; increase the penalty and fines for unlawful carrying: h3182
Handguns, offenses; restructure the penalty and provide tiered penalty structure: h3190
Handguns, unlawful carry or sale; create graduated penalties for subsequent offenses: h3191
Handguns, unlawful carrying; add additional exceptions for emergency medical service providers, firefighters, and other first responders during certain circumstances: h3187
Jacob Hall’s Law: s0085, h3330
Law Enforcement Training Council; develop guidelines for a training program to first responders that certifies them to possess firearms on school premises and other circumstances: h3566
Lizzy’s Law: h3217
Offenses involving weapons; include assault weapons and increase penalties for violations; create a two-tiered penalty scheme; provide violations and penalties for selling to anyone who appears on the terrorist watch list: h3183
Offenses involving weapons; no gun transfer may occur until after 28 days after background check; provide penalties: s0158, s0159
SC Constitutional Carry Act of 2017: s0449, h3700
Terrorist watch list; provide it is unlawful to sell or give a firearm to a person whose name appears on the terrorist watch list and penalties for violations: h3266
Weapons, offenses involving; provide it is unlawful to threaten to cause damage, injury or death to person or property with a firearm; provisions and penalties: s0431

:: Constitutional Carry Bill Proposed in SC

South Carolina lawmakers will consider a constitutional carry bill this session.   Bottom line – this bill would allow open carry of handguns (with some exceptions) and permitless carry.

House Bill No. 3700

Reps. Hill, Putnam, Magnuson, Bedingfield, Long, Burns, Chumley, Thayer, Forrest, Gagnon, Quinn and Toole

A bill that proposes to enact the “SOUTH CAROLINA CONSTITUTIONAL CARRY ACT OF 2017”, a bill proposing to:

  • Amend section 10-11-320, relating to carrying or discharging of a firearm, so as to delete the term “concealable weapons permit” and replace it with the term “firearm
  • Amend section 16-23-20, relating to the unlawful carrying of a handgun, so as to delete references to a concealed weapons permit issued to a person, to revise the provision that allows a handgun to be carried by a person in a vehicle, and to provide that a person who is not prohibited from possessing firearms under state law may carry a handgun under certain circumstances
  • Amend sections 16-23-420 and 16-23-430,  both relating to the possession of a firearm on school property, so as to delete references to concealed weapon permits, to delete the term “weapon” and replace it with the term “firearm“, and to provide that both sections do not apply to a person who lawfully is carrying a weapon secured in a motor vehicle

:: No Statistical Evidence That Waiting Periods Stop Gun Homicides

There is no statistical evidence that supports the imposition of waiting periods as a means of reducing gun homicides.  This should come as no surprise since research shows criminals rarely purchase firearms at gun stores or gun shows in the first place.

Waiting periods can also CAUSE violence by preventing someone who needs protection from obtaining a firearm in a timely manner. This is what happened in 2015 when a woman was murdered by a stalker while her gun permit application sat on the local police chief’s desk.

:: Brady Campaign President Lies About Gun Homicides

Which brings us back to the original “Brady Bunch”—that wholesome family that went out of their way to be truthful with each other. Telling one-quarter of the truth wasn’t acceptable back then, and would have resulted in at least a good shaming by Alice the housekeeper.

Apparently, however, one-quarter of the truth is plenty for Dan Gross and his Brady Bunch—which knows no shame.

“Another Big Lie From The Brady Bunch”America’s 1st Freedom, Mark Chesnut (September 13, 2016)

Brady Campaign (formerly known as “Handgun Control, Inc.” – seriously) president Dan Gross included suicides and unintentional and accidental shootings in “shot and killed” statistic to create a very misleading impression about “gun violence”.  That number will also include homicides attributable to gangbangers and drug trade as well.  So the overall narrative of statistics on gun homicides from this gun control group continues to be laced with dishonesty.

 

:: Americans Do NOT Want Universal Background Checks

89% Percentage of SC voters who support background check legislation!

GunSense SC website (visited 2/23/16)

Another misrepresentation by the “GunSense” propaganda site.  Consider:

Only four out of ten Americans support so-called “universal background checks” at gun shows after being informed that the vast majority of firearms sales at these shows are transacted by licensed retailers that already conduct such checks through the National Instant Criminal Background Check System (NICS) as required by federal law.

Americans Don’t Think ‘Universal Background Checks’ Extension for Gun Shows Are Needed

When respondents are informed of the “universal background check” plan, i.e., that every transfer of a firearm, including those between family and friends, would be subject to the law, they reject the idea of universal background checks.

“Universal” background checks are silly, expensive and ineffective. Since criminals do not participate, how could any background check policy be universal?  How naive.

 

:: “Gun Sense” SC Promotes 40% Unlicensed Gun Sales Myth

[A] large percentage of guns sold in America—believed to be 40% or more—are purchased at gun shows or via the Internet, with no background checks required. (U.S. DOJ, National Institute of Justice Research, 1997)”

Gun Sense SC website (visited 2/23/16)

This statement is unsupported by the cited document and judged “mostly false”  by PolitiFact when evaluating a similar assertion by Virginia Gov. Terry McAuliffe.

The finding has been cited widely by gun control advocates – including Democratic presidential candidate Hillary Clinton and U.S. Sen. Tim Kaine, D- Va. – in calling for a federal law mandating universal background checks. But as we and other fact checkers have noted previously, the research is old and limited. (emphasis supplied)

Problems include the following:

  • The 1994 study relied upon asked about gun acquisitions going back to 1991 – a period before the Brady background check law was on the books.
  • The research looked at all gun transactions – including when a gun was obtained as a gift or as an inheritance – not simply “sales”.
  • Gun shows include vendors who do not sell guns as well as those who do – but any dealer in firearms must have a federal firearms license regardless of place of sale.

One of the authors of the original study stated that:

“We’ve been following the give-and-take with some interest because our research is the original source of the 40-percent statistic . . . Our views may come as a surprise: First, we don’t know the current percentage – nor does anyone else.”

So if the authors don’t really know, how is it that Mayor Bloomberg, his mouthpiece organizations and the other gun control advocates do?  But more importantly, how shameful it is that a purported “mission” must rely on such dishonesty to recruit support.

:: Pending Firearms Legislation in the South Carolina General Assembly

One of the best bills, H. 3025, has passed the House and now rests in the Senate Judiciary Committee.  Several bills purport to address the Charleston tragedy last year – but apparently their sponsors did not read the news accounts very carefully.  None of the proposals would increase agency sharing and reporting which the FBI report indicates as the sole issue.

Here is a quick rundown on what is pending.  The text of the bills can be read in detail by using the “quick search” feature on the legislative website. Continue reading

:: Bloomberg’s Everytown Nevada Study Debunked

Everytown would like to sell the idea in Nevada that allowing the state to insert itself into every gun “transfer” is going to somehow make citizens safer. Such an assertion is, however, a conclusion looking for evidence, not the other way around.

“Shameless Bloomberg’s Sham Studies” America’s First Freedom (February 5, 2016)

The Bloomberg shill organizations are floating a new propaganda study in hopes of confusing the voting public.  Their target this time – online gun sales.  To support new laws prohibiting these sales they offer a new study – which is deeply flawed.

America’s First Freedom breaks down the study in simple terms.

Here’s a sample of Everytown’s methodology: “A small number of sellers offered guns in higher volumes, which Everytown said might mean they were unlicensed dealers.” Hey, Ted, it also might mean they are licensed.

And we must always bear in mind that these studies are manipulated by the usual pack of slick operators:

Everytown for Gun Safety is a political advocacy organization, not an independent, unbiased research entity. The organization is wholly funded by gun-ban billionaire Michael Bloomberg, who also funds the similarly anti-gun Mayors Against Illegal Guns and Moms Demand Action for Gun Sense in America. The group’s “findings” are not peer-reviewed, and appear in no scientific journals.

The flaws in a nutshell – Continue reading

:: The Law of Concealed “Deadly Weapons” in South Carolina

When it comes to “deadly weapons” the list in South Carolina is shorter than you think.

South Carolina law prohibits a person from carrying a concealed “deadly weapon” – these are weapons “usually used for the infliction of personal injury”.  But the law exempts many items.

For example, the law exempts:

  • rifles,
  • shotguns,
  • dirks,
  • slingshots,
  • metal knuckles,
  • knives, and
  • razors

unless they are used with the intent to commit a crime or in furtherance of a crime.

Note that handguns are not excepted.  More in a future post on this, but open and concealed carry of handguns is strictly regulated in South Carolina.  (Democrats that changed their label to “Republican” such as Senator Larry Martin from Pickens, South Carolina have seen to that.  Don’t like his politics?  Let him know @ http://www.scstatehouse.gov/email.php?T=M&C=1172727132)

Nonetheless, a person can carry a concealed weapon upon his own premises.  And a person can also carry under the terms of a handgun concealed weapons permit.

Source:  S.C. Code Ann. § 16-23-460. Carrying concealed weapons; forfeiture of weapons.

Note:  Check back for more information when when you CAN carry a handgun in the anti-Second Amendment State of South Carolina.