South Carolina is one step closer to permitless firearm carry passing into law after the House approved a new version of the bill Tuesday.
Earlier in the day, a legislative committee comprised of three members from the Senate and three from the House met to finalize a version of House Bill 3594. Both chambers have exchanged versions of the “constitutional carry” bill since the Senate initially passed it one month ago.
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Ultimately, the Senate version of the bill emerged mostly intact including the addition of enhanced penalties for repeat weapons offense violators. The committee also settled on places where guns may and may not be carried, the duty to report stolen weapons, and several provisions related to concealed weapons permits.
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Sen. Brad Hutto, D-Orangeburg, chaired the committee and was joined by Sen. Shane Massey, R-Edgefield, Reps. Bobby Cox, R-Greenville, Micah Caskey, R-Lexington, and Justin Bamberg, D-Bamberg, for the debate that lasted about an hour. Sen. Shane Martin, R-Spartanburg, joined remotely.
The committee conference report was drafted and presented to the Senate and the House Tuesday afternoon.
The House adopted the measure by a vote of 86-33. A Senate vote will likely happen on Wednesday. Cox said he anticipates it passing.
Speaking before the House, Cox said the bill was a major victory for advancing Second Amendment “freedoms” in South Carolina. Other legislators disagreed, such as Hutto, who said that despite chairing the committee, he still planned to vote against the bill.
“This is something I’m deeply troubled we’re doing,” Rep. Seth Rose, D-Richland, told House members. “I have friends and citizens from both political parties…come up to me and say ‘What are y’all doing? What are you thinking?’”
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Firearms automatically prohibited in some places
Under the new law, civilians may not openly or concealed carry firearms into hospitals, doctor’s offices, churches, government buildings, schools, polling places, detention facilities, post offices, or personal residences without permission.
However, some places, such as churches and doctor’s offices, may allow individuals to carry weapons onto the premises.
Businesses may declare a gun-free zone by displaying a placard identifying it as gun-free. Cox pointed out that businesses without signs also can ask patrons carrying a firearm to leave the premises.
Places where federal law prohibits firearm carry, such as polling places, are off limits under the new state law.
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Massey said that the Senate’s measure to allow churches to grant an exception keeps current law.
The committee followed the House version and removed a provision allowing legislators to carry firearms into the South Carolina General Assembly agreeing with Martin that giving lawmakers preferential treatment would be “a bad look.”
Enhanced penalties for violations intact
Certain Senate changes were upheld, most notably the addition of graduated penalties for weapons violations.
“If you do the same thing three times, it’s not an accident any more, it’s not a mistake,” Massey said Tuesday morning during the committee meeting.
Speaking before the House, Caskey told the chamber that the graduated penalties remained in place as opposed to the House’s proposed one-year or $1,000 misdemeanor penalty for all violations of the new law. The penalty is the first offense punishment under current state law.
The Senate’s added penalties survived the committee. A second offense misdemeanor penalty carries a sentence of up to three years and third and subsequent offenses are felonies with up to five years in prison.
Bamberg and Caskey, who voted for the bill, expressed concerns in committee about charges collecting over time and overly punishing citizens.
Specifically, Bamberg worried about selective enforcement of weapons violations based on race or socioeconomic status.
“That successful businessperson, when they get caught, they’re more likely to get a pass than that poor country dude from rural South Carolina where maybe he’s ruffled some feathers and they want to get him,” Bamberg said.
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Hutto and Massey agreed that time limitations for when punishable offenses occurred will be introduced to the legislature in the future.
Cox said that subsequent bills for expungement of some charges could be addressed in the future.
Additionally, concerns regarding the bill’s impact on law enforcement were bandied about during Senate debate one month ago. Massey said Tuesday that graduated penalties were one element law enforcement wanted to see.
“Law enforcement has been begging for this,” Massey told the Senate.
Age lowered for concealed weapons permits
The age for obtaining a concealed weapons permit will be lowered from 21 years old to 18 years old. Hutto told the Senate Tuesday that they did not want to create disincentives to obtain a CWP.
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The committee also retained the state-funded opportunities for CWP training. However, CWPs will no longer be required to carry a handgun in the state.
CWP designation will not be reflected on driver’s licenses because of administrative concerns from the Department of Motor Vehicles. The committee also discussed concern that CWP designation on a driver’s license might open up the information to the Freedom of Information Act. CWPs are currently FOIA-exempt.
Time to report a theft decreased
The timeframe in which citizens are required to report stolen weapons was tightened. The House’s suggestion of 30 days after being made aware of the theft was decreased to 10 days.
Cox said that window is a responsible timeframe for citizens to report stolen guns and reiterated that there is no criminal penalty for those who do not report.
Hutto emphasized that the time when individuals became aware of the theft is what is important, and not simply the date of the theft. Hutto told the committee that his desire was not to needlessly get anyone in trouble.
“We clearly want to send a message to South Carolinians that as the nation’s leader in stolen weapons, we want to treat that with the seriousness it deserves,” Caskey told House members.
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Possession is not basis for detention
Language from both chambers was adopted with the consensus that possession of a weapon alone is not enough basis for law enforcement to detain a person.
If there is clear evidence of a crime being committed, separate from gun possession, law enforcement may use that as a basis for an investigation. Caskey used the example of a person openly displaying drug paraphernalia.
“(The bill) does not preclude investigation just because a gun is present,” Caskey told the House.
Permitless carry could become South Carolina law this week
After the bill’s passage through the House, Cox expects a Senate vote Wednesday. He anticipates passage.
“It mirrors a lot of the major initiatives the Senate wanted to keep in,” Cox said.
If approved, Gov. Henry McMaster could sign permitless carry into law as soon as Thursday.
The bill loosens restrictions on firearm possession after the passage of the state’s “Open Carry” law in 2021.
Louisiana recently signed its version of an open carry law.
Source: https://t-tees.com
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