South Carolina Senate Passes Open Carry Bill

BY Herschel Smith
3 years, 7 months ago

News from South Carolina.

Gun owners permitted to carry concealed weapons in the state of South Carolina are soon likely to join residents in 45 other states who can carry their hand guns openly in public — a proposal that has frustrated gun-control advocates, doctors and top law enforcement leaders but was a resounding win for many Republican lawmakers.

With three days left on the legislative calendar, the Senate voted 28-16 mostly down party lines after a more than 12-hour debate to pass H. 3094, a House-sponsored bill that would allow only concealed weapons permit holders the right to carry their hand gun in the open.

Charleston Sen. Sandy Senn was the lone Republican to vote against the legislation.

The Republican-controlled Senate made a handful of changes to the bill. They ranged from removing the $50 cost of the permit application fee, to limiting the federal government’s intervention and to requiring clerks to report pertinent information to the State Law Enforcement Division within five, not 30, days that would prohibit someone from buying or owning a gun.

But senators also rejected dozens of amendments that included a Republican-pushed attempt to expand the measure by eliminating the law’s existing permit and background check requirement entirely, and also Democrat-led efforts to enhance background checks.

“I’d be lying to you if I said I wasn’t a little bit disappointed, but I actually, I have absolutely no regrets,” said state Sen. Shane Martin, R-Spartanburg, who pushed but lost 25-21 his effort to remove the permit requirement. “I won’t give up advocating for it. I was so close.”
Obviously, Martin said, “the Senate’s not ready for it yet.”

The bill goes back to the House, likely to reject the changes, triggering a six-member joint panel to hammer out differences.

Congratulations to senators Massey and Martin.  Shane Massey was the S.C. senator who successfully got the bill pulled from the SC senate judiciary committee where they intended to stall it until dead this calendar year, aided by turncoat SC senator Luke Rankin.

Actually, the attempt to remove the permitting requirement entirely, i.e., constitutional carry, was opposed by Shane Massey.  I don’t know if the opposition was real, or if the attempt to amend the bill to remove permitting would have been a poison pill for the bill, losing S.C. senators who would have otherwise been in favor of open carry.  But at least Mr. Massey did his part to strip the bill from the hands of Mr. Rankin, who needs to be primaried and thrown from office.

Also to senator Martin, who led a valiant effort for constitutional carry this term.  As you might expect, I approve of his goals and I hope for the best during the next legislative season.

As I observed before, “The ninnies, frightened and the tepid must see for themselves when the state is let out of its cage that the sky doesn’t fall like law enforcement and “The Karens” said it would.  They’re like a frightened, psychologically stunted animal who has been caged its entire life, afraid to leave the confines of its own imprisonment.”

When the world doesn’t end and blood doesn’t run in the streets as predicted by law enforcement and “Karens against Everything,” the time will be ripe for this again soon.

I listened to much of the debate today.  Most of it was ridiculous.  The ninnies tried everything in the book, from stalling tactics to endless yapping, to poison pill amendments.  One awful senator, an obvious law enforcement sycophant, worked hard for an amendment that would have had LEOs confiscating weapons in any encounter for the sake of “officer safety.”

So he would have had men handling others’ weapons, a stupid, awful, terrible idea.  I’ve discussed this before.  Weapons might be modified, the officer may never have seen that particular weapon before, rounds might be chambered, or they might not be, safeties might be engaged, or they might not be, hammers may be cocked, they may not be, striker fired pistols may be half cocked, or they might not be, trigger jobs may have lightened the pull, or maybe not, the pistol might be single action, or it might be SA/DA, guns could drop if they’re handled (causing people to try to catch them), and all manner of NDs can occur.  Some holsters are retention, others not, and on and on the variations could go.

It is a profoundly, terribly, incredibly stupid thing to begin handling weapons just because someone likes authority, walks up and demands it.  It’s a great thing that amendment was defeated.

Now.  It’s important not to let up.  First, the little differences between the House and Senate versions must be hammered out, and that, quickly so.  Then finally, the governor’s office must be flooded with mail, email and phone calls to ensure he keeps his word and signs the bills into law.

This has been a long slog, but it’s not over just yet.

Then next session we’ll focus on constitutional carry.


Comments

  1. On May 7, 2021 at 7:30 am, Paraclete said:

    The Palmetto State…fighting Tyranny since 1861
    We MUST defeat ALL attempts to subjugate the populace !
    God Bless OUR Republic…

  2. On May 7, 2021 at 9:23 am, Geoff said:

    Meanwhile I’ll shop in North Carolina where Open Carry is legal with NO PERMIT.
    I live only 7 miles from the Border. The Sales Tax is lower and even with the Counties 2% Food Tax it’s still cheaper in the long run.
    If the House reconciles the Bill and the Governor signs it, maybe I’ll shop again in SC.

  3. On May 7, 2021 at 1:24 pm, Roger J said:

    I’m glad it passed, but it does absolutely nothing for me since I am one of those who have refused to ask the State’s permission to exercise a Constitutional right.

  4. On May 7, 2021 at 1:42 pm, Herschel Smith said:

    @Roger J,

    Think longer term. This is a necessary first baby step. The next one will be constitutional carry.

    That’s the route Texas took. First, permitted open carry, and then the next year, constitutional carry.

  5. On May 11, 2021 at 7:46 am, Ron W said:

    Constitutional Carry should be the first and only step. When laws are not pursuant to a State or U.S. Constitution they are UNLAWFUL laws and SCOTUS has long since ruled thusly:

    “All laws which are repugnant to the Constitution are null and void.” ―First U.S. Supreme Court Chief Justice, John Marshall, Marbury v. Madison (5US137, 176; 1803)

    “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” ― Miranda v. Arizona (384US436; 1966)

  6. On May 11, 2021 at 8:26 am, Herschel Smith said:

    @Ron W.,

    “Constitutional Carry should be the first and only step.”

    That’s one approach. Stick your nose up in the air, and refuse to work for any improvement unless they give you everything to which you’re entitled.

    I get it. But that isn’t what the progs did, and for many, many years, their incrementalist approach won the day.

    Constitutional carry is next. It isn’t off the board, it’s next. This was a necessary next step towards that ultimate end.

    Constitutional carry failed. Open carry passed. We must go for what has the votes in senate now, and then work on getting the votes in senate later.

  7. On May 12, 2021 at 12:23 am, Hudson H Luce said:

    The baby step approach is how it worked in Kansas, so it works.

  8. On June 16, 2021 at 2:31 pm, Larry Stewart said:

    It hasn’t frustrated top law enforcement professionals. They are unanimously for Constitutional carry. It has frustrated top political saps, useful mgmt idiots, and political welfare recipients. Professionals take their oath seriously. Dirtbag sociopaths get frustrated, and think their oath is advisory only.

  9. On June 16, 2021 at 2:35 pm, Herschel Smith said:

    @Larry,

    You’re not talking about S.C. Most cops in S.C. are the “we are the only ones” sort of people.

    Most were opposed to open carry, and very much opposed to constitutional carry. Cops are the same everywhere.

    The exception is Sheriff Chuck Wright in Spartanburg County.

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This article is filed under the category(s) Featured,Second Amendment and was published May 6th, 2021 by Herschel Smith.

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