On February 22, 2023, the South Carolina House passed a Constitutional Carry bill with 75% of the votes, 90 to 30. Constitutional or "permitless" Carry is when a state does not require a permit to carry loaded handguns, openly or concealed, for most adults in most public places, a close approximation of the state of the law when the Second Amendment was ratified in 1791. From abcnews.com (AP):
COLUMBIA, S.C. -- The Republican-controlled South Carolina House voted overwhelmingly Wednesday to allow lawful firearm owners to carry handguns openly or concealed without a state permit.
The 90-30 vote brings the conservative state one step closer to joining 25 others with some form of so-called “constitutional carry” laws. The fate of the state's latest effort to loosen gun restrictions once more falls to the Senate, where lawmakers rejected a similar proposal two years
ago.
The South Carolina bill for Constitutional (permitless) Carry is H 3594. The ALL CAPS format is the way the bill is formated at the South Carolina legislature site. From H 3594:
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2023" BY AMENDING SECTION 10-11-320, RELATING TO CARRYING OR DISCHARGING FIREARMS AND EXCEPTIONS FOR CONCEALABLE WEAPONS PERMIT HOLDERS, SO AS TO DELETE A PROVISION THAT MAKES THIS SECTION INAPPLICABLE TO PERSONS THAT POSSESS CONCEALABLE WEAPONS PERMITS AND TO PROVIDE THIS SECTION DOES NOT APPLY TO PERSONS WHO POSSESS FIREARMS; BY AMENDING SECTION 16-23-20, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO REVISE THE PLACES WHERE AND CIRCUMSTANCES UPON WHICH HANDGUNS MAY BE CARRIED, AND PERSONS WHO MAY CARRY HANDGUNS; BY AMENDING SECTION 16-23-50, RELATING TO CERTAIN PENALTIES, DISPOSITION OF FINES, AND FORFEITURE AND DISPOSITION OF HANDGUNS, SO AS TO PROVIDE EXCEPTIONS TO THE UNLAWFUL CARRYING OF HANDGUNS;
The bill is available in full at the link.
The South Carolina legislature has been attempting to pass a Constitutional Carry bill for years. In 2021, the House passed Constitutional Carry, but the Senate, even with a large majority of Republicans, did not pass the bill. It seems likely a Senator in a leadership position killed the bill. However, the Senate passed and the governor signed into law, a licensed open carry bill. This is incremental progress. There are only four states which ban open carry, even for those with gun permits (California, New York, Illinois, and Florida).
With half of the states in the union now having a form of "permitless" or Constitutional Carry as the de facto standard of their law, it becomes more and more difficult for Republicans to find reasons to vote against Constitutional Carry. No ill effects have been shown to result from Constitutional Carry.
This year, Governor Ron De Santis is promoting Constitutional Carry in Florida, although it may become only a permitless carry law for concealed carry.
Nebraska is on the brink, and may pass a Constitutional Carry law for that state. North Carolina may have the votes to pass a Constitutional Carry law over the veto of a Democrat governor. It appears four states are in contention to become the 26th state where no permit is required to exercise the rights protected by the Second Amendment in most public spaces.
Every state which joins the Constitutional Carry club shows respect for the Second Amendment continues to grow in the United States. According to a poll in 2008, 73% of Americans believed the Second Amendment protects individual rights. In June of 2022, a poll sowed 83% believed the Second Amendment was adopted to protect self, family and property, and to protect against tyranny.
The legislatures and courts are reflecting the common understanding of the Second Amendment, at the time it was ratified, and as people understand it today.
©2023 by Dean Weingarten: Permission to share is granted when this notice and link are included.
Gun Watch
It's to our shame that we have to pass laws in order to exercise our rights.
ReplyDeleteOur Constitution was written and ratified to be enforced as written not to be interpreted by any one but enforced as written. Not even supreme court justices have the authority to interpret the constitution their duty and responsibility is to enforce exactly what is written to the letter. There is no written authority for our constitution to be interpreted.. If it is not written it does not exist. To ad change or remove even a punctuation mark requires a ratified amendment by the people . Our constitution was written for the people to control the power of government not for the government to control the people. Liberals and Democrats have been trying to destroy or constitution since before the Civil War. That is exactly the reason the civil war happened. The northern Republicans Kicked the southern Democrats ASSES and that is how the Civil War was resolved. The Republicans freed the slaves . The liberals and Democrat have been trying again for over the last 100 years to destroy our constitution with their Corrupt court rulings Interpreting what the Constitution requires and they think their opinion counts. We are not ruled by opinion we are ruled by the power of government that we allow government to have. It requires 37 states to amend the constitution All state Constitutions Must be in compliance with the Federal Constitution that is the responsibility of the Supreme court to insure that they are in compliance. We have some very serious problems in this country because there are too many that have never been required to even read the constitution or study it's function and Purpose. The people that actually wrote the constitution had experience what they never wanted this country to be exposed to again. The Kings magistrates interpreted the Kings laws, any way they wanted to. that is exactly why No one has the authority to interpret what was physically ratified. Shall Not Be Infringed is what was ratified and no one has the authority to ad too or take away from that Federal constitutional Command. A little Control cant hurt was an opinion and was never ratified. therefore it does not exist and has no power of enforcement. Individual state have no authority to amend any thing in the Federal Constitution and Congress has no authority to give states the right to amend SO there are no valid state gun laws. and ATF has never had any authority to infringe on the right to Keep and bare arms. I believe it is an impeachable offense for the President to order AFT to do any thing that limits our right to keep and bare arms. In the 26 words of the second amendment do you see register, barrel length, serial Number, magazine capacity, Age limits, Open or concealed Carry???? People had better wake up and start reading the Constitution.
ReplyDeleteKeep electing democraps and liberals you wont have any rights to be concerned about. You see our Constitution was written so the people could control the government Democraps and Liberals believe the government should control the people.
ReplyDelete