When The Judiciary Gets Involved In Gun Rights Cases
BY Herschel Smith
3 years, 6 months ago
It’s not just the Ninth Circus. It’s local and state courts too, and even in such states as South Carolina.
A state judge has ruled in favor of the state attorney general’s office over the city of Columbia in a lawsuit about a trio of gun laws the city passed in 2019.
Judge Jocelyn Newman ruled in favor of S.C. Attorney General Alan Wilson’s office in the case. Wilson sued the city back in January 2020, initially attempting to have the matter heard before the state Supreme Court. However, the Supreme Court referred the case back to the lower courts. Wilson subsequently took the case to the court of common pleas in April 2020, and both sides have been filing various pleadings and motions ever since.
The three gun ordinances were adopted by the city in 2019. One of them added homemade “ghost guns” to the city’s nuisance ordinance. Another allowed for the seizure of guns from people under an extreme risk protection order. And the third prohibits the possession of guns within 1,000 feet of a school.
Wilson has long argued that, in almost all cases, state laws on guns take precedence in the Palmetto State, and that the regulation of firearms is beyond the reach of a city or county.
The attorney general, in court filings, has cited a section of SC law that says, “no governing body of any county, municipality, or other political subdivision in the state may enact or promulgate any regulation or ordinance that regulates or attempts to regulate: The transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms or any combination of these things.”
In her ruling, Newman said that the city’s gun laws violate the state’s statutes as they relate to firearms, and are invalid.
“We’ve said for three decades now that state law doesn’t allow cities, towns or counties to regulate firearms, so we appreciate the judge’s ruling,” Wilson said in a release. “These Columbia ordinances clearly violate the state law that prohibits local governments from passing any gun laws or ordinances that regulate the transfer, ownership, or possession of firearms.”
Columbia Mayor Steve Benjamin said the city plans to file a motion to reconsider the decision and, if it is denied, the city will appeal.
The case has taken a winding path through court. At one point, Benjamin, an attorney, had planned to argue the case himself if it went to trial. However, that trial never happened, as Newman ultimately granted Wilson’s request for a ruling on pleadings that had been filed with the court.
“I find it somewhat offensive and insulting that the people of Columbia were not offered the opportunity to make its case in court,” Benjamin told The State on Tuesday. “These ordinances are lawful and constitutional and deserve the full attention of our judges and judicial system.”
Wilson, meanwhile, stressed the power the state government has in shaping gun laws across South Carolina.
“The General Assembly, through state law, has reserved for itself the ability to protect its citizens’ Second Amendment rights,” Wilson said. “State law means just that — the law of the entire state. Therefore, the remedy for the city is to convince the Legislature to change the law, not to disregard it. This ruling now provides clear guidance to all local governments on future matters of gun regulation.”
Benjamin, who has been bullish on gun laws, including an effort to ban bump stocks in Columbia, insists the three city gun ordinances in question are necessary.
“The bipartisan effort to prohibit the manufacturing of untraceable ghost guns, to keep guns out of our schools and to secure more red flag laws that have been proven to save lives are important enough to warrant the hard work, attention and focus of the president of the United States, and Senator (Lindsey) Graham on red flag laws, in particular,” the mayor said. “Surely the courts could have heard our arguments.”
What should have taken a single day back in 2019, has now reached a conclusion.
Or maybe not. They threaten to continue winding this through the courts.
America is divided, and not just between North, South, East and West. Or just between states. The division is between rural areas and urban, between one neighborhood and the next.
You can expect to see more of this in the future. My own opinion of this is that the Mayor of Columbia and his attorneys should be confined to prison for wasting the time and money of the citizens of South Carolina.
But I guess Columbia loves its tyrants.
On June 24, 2021 at 9:51 am, Sisu said:
An observation: the 2020 Election (SHB the 2000 Election or any number of others) raised doubts (to what extent I’ll leave to the judgment of each reader) as to the integrity of all elections.
The “in your face” revelation of certain states (AZ, GA, MI, PA, WI, …) is not something that can be considered in isolation.
In fact a great deal about the 2020 Election is not being discussed.
For example: that most election workers are government employees; most government employees (regardless of locale) get and keep their jobs because of patronage or because they do as they are told; most local party committees (demorat and Rino) are staff by loyal union and patronage workers; it is exceedingly difficult to run a truly independent challenge for any office against demorats and Rinos (they will join forces to sue you over signatures on your petitions (as an initial step; into bankruptcy and oblivion). …
It is self defeating to attack legal residents (voters) of any state or locale jurisdiction because their political processes are corrupt.
Essentially all political processes in this country are corrupt; it is just some are run by “more than less benevolent tyrants”. …
Perhaps we should pray for the people of Columbia, SC and all of America.
On June 24, 2021 at 11:12 am, DTG said:
“America is divided, and not just between North, South, East and West. Or just between states. The division is between rural areas and urban, between one neighborhood and the next[, one street and the next, and one house and the next.”]
Updated for micro level impact.
On June 24, 2021 at 2:40 pm, TRX said:
I look at the map, and there’s Real-America, where I can carry my gun per the Second Amendment, and Fake-Amerika, where the Constitution is toilet paper.
I don’t travel through Fake-Amerika states unless it’s an emergency, and I don’t even buy things made in or sold through Fake-Amerika if I can help it. And I *do* check before buying.
On June 24, 2021 at 3:46 pm, Sisu said:
DTG,
In part I agree, but it’s less “rural areas and urban”. I think the division we have allowed to occur is between those who are dependent on the Government (any level or subdivision) and those who are somewhat removed. …
If it is admitted that the federal government is 40% + of the economy, I dare say it is 60% +. By way of example most of the middle class today work for government, most pensioners are former government employees, most retirees in the private sector rely on Medicare, …
If we fall off the edge the fighting will (as you suggest) be door-to-door, but it will be in large part between those who are starving with nothing to lose and those who are perceived to have “something” of value or nourishing. … There will be no medium of exchange except take what you can or die.
Anyone attempting to use gold, silver, jewelry, other will be victimized unless they’ve an able and willing fighting force behind them.
And there will be a precipitous decline in “good people” because they will hesitate to shoot.
War lords will rule.
On June 24, 2021 at 5:48 pm, Fred said:
Imagine living in a country where the government sues itself with your money in order to determine how much of your civil rights it can take from you at gun point.
On June 25, 2021 at 6:09 am, Roger J said:
Mr Smith, we don’t love our tyrants here. But the Democratic (Socialist-Marxist) Party is strong in SC as it is in most states. Jim Clyburn, way past his expiration date, is Representative for Life. Even our Republicans are often just RINOs, witness Lindsay Graham. The moneyed Low Country elite call the shots much like the Park Avenue set in New York. What will it take for average, freedom-loving South Carolinians to push back? I’m not sure but I am watching what is happening with parents in Virginia fighting back against obscene Critical Race Theory. Maybe that is critical mass for the American people. I hope so.
In the meantime, Joe continues to mumble and whoever our real, unelected President is continues to push their collectivist agenda. But they’ve got something wrong. You don’t call the majority “oppressors”. Even an ignorant rabble-rouser named Hitler knew better, and so did his erstwhile buddy Josif Stalin. You call a minority (doesn’t matter which one) “oppressors” and the majority “oppressed”. Then they will do your bidding.