Sunday, April 26, 2015

SC: Gun Reform includes Permitless Carry, Passes House 90-18



Constitutional carry is gaining momentum in the states.  Kansas recently passed legislation making it the sixth state to have constitutional carry (where people who may legally own guns have the right to carry them openly or concealed).  Mississippi passed a bill characterized as 90% constitutional carry, and a bill is pending in Maine that has majority support in the legislature, and likely support of the governor.

The South Carolina bill, H3025, recently passed the second read in the South Carolina House, 90-18.   It still has to pass a third read, but amendments on the third read are required to be unanimous.  From the facebook page of one of the legislators who authored the amendment:
Please join me in saying thank you to the 90 members of the South Carolina House of Representatives who today, by a vote of 90 to 18, gave second reading to the Clemmons, Yow, Hixon South Carolina Second Amendment Empowerment Act (H3025), with an amendment by Rep Mike Pitts and myself to authorize permitless concealed carry by every South Carolinian who can legally purchase a handgun! The bill, as now amended, allows SC CWP holders to carry in 27 states (instead of the current 20) Including GA and opens the door to recognizing every state's CWP. Additionally, the amendment authorizes every law abiding South Carolinian who can legally purchase a firearm, to carry it concealed without a permit! The bill awaits third reading in the House next Tuesday and then passes to the Senate for consideration. Thank you to every member of the SC House who supports the Second Amendment!
This is a permitless carry bill instead of a constitutional carry bill, because it would allow concealed carry without a permit, but not open carry.  The bill also expands reciprocity to all other states' concealed carry permits.  South Carolina is one of only six states that prohibit open carry.   It is likely that Texas will be removed from that short list this year.  From the bill:
"(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 shall not be inferred from the mere possession, carrying, or concealment of the handgun, whether it is loaded or unloaded.
(B)    No person shall carry a handgun off of any real property the person occupies as a resident, owner, or lessee if the person is under twenty-one years of age or carries the handgun in a manner that openly exposes it to common observation, with the following exceptions:

Governor Haley said that she would sign a constitutional carry bill, so she would presumably sign a partial reform such as this one.   From a thestate.com:
— S.C. Gov. Nikki Haley said Tuesday that she backs a proposal that would make it legal for most South Carolinians to carry guns – concealed or in the open – without a permit or the training that the state currently requires.
It is unknown  if the bill will be able to survive legislative gymnastics in the Senate.  Constitutional carry has been introduced in  previous years by State Senator Lee Bright, R-Spartanburg, but has been killed in committee, then, and this year, by Senator Larry Martin R-Pickens.   By being passed in the house, it might be possible to circumvent the legislative power of Martin and his committee.   It might not be necessary, as the bill does not allow open carry, which offends Senator Martin.    From WLTX about the previous constitutional carry bill:
"You can carry a weapon openly if this bill is adopted and I'm offended by that," said committee chair Sen. Larry Martin (R-Pickens).
If the bill goes to Martin's committee, and he strips out the permitless carry provision, and then passes the bill, it would go to the House for concurrence; if the House disagrees, then the bill could go to a conference committee.   Members of the conference committee are appointed by the speaker of the House to a committee for the entire biennium. I do not know if the same applies to the Senate.
If the Senate insists upon its amendment, a message is sent to the House listing the names of three Senators appointed to a conference committee. The Speaker of the House then appoints three members of the House to a conference committee. The six members meet and try to reach an agreement. If they agree, their report is sent to both bodies for adoption.
This would allow the legislature to 'work around' a recalcitrant committee chairman.   That could happen if the leaders of the Senate and House both support the bill.

If the bill passes and is signed into law, it will create a new category of state; one where you do not need a permit to carry concealed, but are not allowed to carry openly.


©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

11 comments:

Anonymous said...

Larry Martin is a RINO and hates the 2nd Amendment.

Anonymous said...

I think we should be aloud to carry a gun openly for a few reasons. One, if someone (Criminal) see's that you have a gun on your side, anywhere you may be, that person will be much less likely to continue with the act of violence or criminal intent they planned on doing. Two, it brings a since of safety and security to anyone that has the ability to purchase a gun. GRANTED by the state and government. They give a store the clearance to say they can buy it but not carry it on there side. WHAT since does that make. I HOPE this bill passes, so I can feel safe again in the LAND OF THE "KIND OF" FREE!!

Anonymous said...

You are the reason we shouldn't have open carry in this state. You can barely articulate an Internet post, even with all of the spelling and grammar resources of Google. People of your low caliber of intelligence should never be allowed to purchase firearms.

johnny jackson said...

Mr. Anonymous said, If a criminal was attacking someone in your family, YOU would not care if the good guy could read or write, you would just pray the good guy could shoot the criminal in the head.

Yvonne Solis said...

I pray this bill passes, I know I would feel safer. Regardless if I was to buy a gun or not, I know someone has my back.

Anonymous said...

To be so intelligent you would lash out at someone knowing this could offend them. Just to start a chaotic scene. To me you are not fit to purchase firearms for you seem to instagate others. Its time people stop seeing firearms as weapons and to see them as what they were suppose to be. Tools for survival just as the knife is not a weapon but a tool. These tools only become a weapon when in the wrong hands. Alas in the hands of someone with this understanding and a humble honest soul as their guide its like a carpenter with his hammer building a sturdy home for all to live safe and happy. I would proudly even open carry my firearm if I was able so that those who already look to me as one to count on.protect.and act in times of danger .know that I stand ready to defend them. Not just from other people with criminal intent but even against natures unpredictability.

shadowwalker1 said...

I like what Anonymous has posted

Anonymous said...

Anonymous has some nerve ! Putting someone down because they did not "articulate" like he apparently pretends to is horrible! Please don't issue him an open carry ! He needs to see a psych !! He is a wanna be elite ! See right through you. Take a course in manners.

Anonymous said...

The way anonymous puts a perfect stranger down and considers him to be of lower caliber than he should never get an open carry. He needs lessons in etiquette ! You are No better than Anyone else ! Yes, I used caps to get your attention... Try nice, it works much better....

Anonymous said...

Agree 100% anonymous 1/7/16. That guy needs lessons in manners. He is what's wrong with America now. Always putting others down and intentionally hurting their feelings. Hope he Never gets a gun. He's NUTS !!!!

Anonymous said...

Perfectly said, anonymous 1/7/16. The guy was really rude. Guns are for protection, not instigating others. He needs training in morals....