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Thread: South Carolina Weapons Bill Prefiled

  1. #1
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    South Carolina Weapons Bill Prefiled

    H.3003, filed yesterday, would make open carry legal in South Carolina. I've scanned it pretty good and I think my following summary is accurate.

    The bill itself is relatively wordy and hard to read because of the many references and changes to current sections of the code. Most of these changes appear to be designed to move things around in preparation for the significant change, the repeal of 16-23-20.

    16-23-20 is the section of the code that makes open (and concealed) carry illegal. After making carry illegal, this sections goes on to list many exceptions, such as LEO, hunters, CWP holders, etc. that are allowed to carry in some ways. The proposed bill would move these exceptions over to section 23-31-215(O) where they would be exceptions to the need for a concealed weapons permit. The result would be that there would be nothing in South Carolina law addressing open carry for persons that can legally possess.

    Unless I've overlooked something, this is a good bill. Contact your representatives and ask them to support it.

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    tho I am not one who would...

    I love the idea.. it gets the silly masses more used to seeing them and acceptance of said items
    Everyday items become commonplace, thus become no big deal..

  3. #3
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    I wouldn't OC either, but the option should be there.

    lawson4
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    Open carry in the Palmetto State would be a great law to pass. I pray for an open carry law in the Peach State, your neighbor.

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    Open carry in the Gunshine State would rock too

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    We have it in TN.
    I think OC is generally a bad idea but sometimes you just do it. My understanding is we made it legal here so that over-zealous sheriffs didnt have an excuse to bust people.
    Only problem I ever heard about was ignorant cops busting people for (legal) open carry thinking it was illegal.

    This goes towards what I've said about the new administration: gun control has moved to being a state issue. States that want restrictive laws (e.g. NJ, MA) will enact them. States that dont (e.g. SC,TN) will loosen theirs.

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    i would love OC in Arkansas.
    The Big Bang came from the muzzle blast of God's Colt BP revolver. He wanted to test out the gun that made all men equal before he created man in the first place.

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    My rep is one of the sponsors. I need to send him a note of encouragement.

    I would probably not OC very often but it would be nice to have the option. I think the best part would be not having to worry so much about printing when carrying concealed. There would be no more worry of getting arrested for brandishing in that case.

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    just not sure if that would actually mean open carry

    unless specified as one of the exceptions or am I misreading?

  10. #10
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    If there's no law against open carry, open carry is not illegal. Section 16-23-20 is, as far I know, the only law against it, and this bill would repeal that section.

    BTW deaconkharma, if Jake Knotts is your senator, how about getting a movement started to get him on the side of rkba. He's the one, I'm told, that always derails these good rkba bills that the house passes and sends over.
    Last edited by rdalrymple; December 12th, 2008 at 07:56 AM. Reason: add message about jk

  11. #11
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    Jake Knotts

    Not bloody likely
    Jake is a pompous windbag who pays lip service to the 2nd but then scuttles every bill. His runoff with Shealy has emboldened and made him feel he has a mandate. It has also shown us that Democrats came pouring out for him when the runoff numbers magically went through the roof. Democrats admitted to voting in droves to get the person more inclined to their way of thinking elected. The only way to get him on the side of the 2nd amendment is to remove his ability to effect good legislation adversely, by removing him next primary. THIS TIME folks, do it right the first time with no run off's otherwise the Democrats will flood the polls again. That is the only way to get him to stop scuttling good bills. Jake you fat, sloppy, <Art's Grammaw censor>

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    another one I've been sitting on and watching

    Betting Jakeypoo helped/ had a hand in sending this one back to judiciary to park eternally.


    H 3964 General Bill, By Duncan, Loftis, G.R. Smith, Hinson, Crawford, Lowe,
    Bedingfield, Barfield, Chellis, Clemmons, Delleney, Hardwick, Hiott, Merrill,
    Scarborough, Witherspoon, Rice, Owens, Mahaffey, Littlejohn and Young
    A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
    23-31-250 SO AS TO PROVIDE THAT A PERSON WHO POSSESSES A CONCEALABLE WEAPONS
    PERMIT MAY CARRY A CONCEALABLE WEAPON ON HIS PERSON WHILE ON THE PREMISES OR
    PROPERTY OF A PUBLIC EDUCATIONAL INSTITUTION; AND TO AMEND SECTION 23-31-215,
    AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO
    DELETE THE RESTRICTIONS PLACED UPON CARRYING A CONCEALABLE WEAPON INTO A
    SCHOOL OR COLLEGE EVENT.

    04/24/07 House Introduced and read first time HJ-111
    04/24/07 House Referred to Committee on Judiciary HJ-111
    05/01/07 House Member(s) request name removed as sponsor: Neilson
    05/02/07 House Member(s) request name added as sponsor: Rice, Owens
    05/09/07 House Member(s) request name added as sponsor:
    Mahaffey, Littlejohn
    05/23/07 House Committee report: Favorable with amendment
    Judiciary HJ-9
    05/29/07 House Member(s) request name added as sponsor: Young
    05/29/07 House Requests for debate-Rep(s). Duncan, Scott,
    Alexander, Hart, GR Smith, Anthony, Bedingfield,
    Leach, Shoopman, Davenport, Walker, Talley,
    Crawford, Clemmons, Littlejohn, Hodges,
    Brantley, Breeland, Branham, Bales, Loftis,
    Neilson, Hosey, Clyburn, Sellers, Williams,
    Jefferson, Toole, Viers, MA Pitt, Pinson,
    Gullick, and Mahaffey HJ-18
    05/29/07 House Debate adjourned until Wednesday, May 30, 2007 HJ-39
    05/30/07 House Debate interrupted HJ-70
    05/31/07 House Debate adjourned until Wednesday, June 6, 2007 HJ-41
    06/06/07 House Amended HJ-36
    06/06/07 House Debate interrupted HJ-45
    06/06/07 House Recommitted to Committee on Judiciary HJ-45

  13. #13
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    Let's get reasonable... not legalistic...

    Open carry sounds great to me, but I'm of the opinion that concealed carry permits shouldn't be as restrictive as they are. While in SC you can carry concealed and the print of the weapon isn't considered "in public", a "view" of the weapon is. It's hard to open your coat, or reach your wallet without revealing some portion of your weapon unless you carry it under your shirt as well as your coat.. I'd just like to see some sensible and reasonable allowances made for people who have gone through the process to be allowed to carry weapons.

    Somebody seeing my gun isn't the same as me drawing it unreasonably, or someone getting a "flash" that I have a weapon being a reason to suddenly turn me into a criminal. I've had two separate instances within the past six months where my weapon was drawn, and both were "legal" within the reasonable limits of the law as it is now... so I'm not so much an "open carry" advocate as I am for reasonable allowances for concealed carry.

    We have the castle doctrine law in effect, and my take on "reasonable" is to allow someone who is, in effect, "attacking me" to be made aware that I'm armed and they're preparing to get shot. As one of the posters on another thread said "staring down the big black hole" has a very definite deterrent effect, but a CCW permit holder shouldn't have to go to jail just because they pull out their weapon and stop the situation cold.

    Open carry would fix a lot of that, but reasonable accommodations for concealed carry would too. The problem is that every time a gun law goes to the state congress, it becomes a political football and the results don't usually favor the populus.

    People authorized to carry weapons should be allowed to carry them wherever they conduct their business or travel, and as the leader in violent crime in the U.S., South Carolina needs to get its act together to allow people to protect themselves without worrying about getting tagged in the process.

    WT
    "What man is a man that does not make the world a better place?"... from "Kingdom of Heaven"
    True patriots feel that there is no problem in our Republic that cannot be solved by election, windage and elevation, or superior firepower.

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    How about a law in South Carolina that requires the police to return stolen firearms to their rightful owners? As it stands now, if your gun gets stolen and is recovered by the police, they are under no obligation to return it to you, especially if it was used in a crime. I have a friend in Florence whose 1911A1 was stolen and used in an armed robbery. After the bad guy was convicted and sent to prison, the owner petitioned the court for a return of his gun, and was denied. The best information we have been able to get is that the gun, along with about 100 others, was traded to a dealer in the Columbia area for new guns and ammunition for the Florence Police department. That is just plain wrong, but the courts and the police are not interested in changing things. You can bet, however, that this practice just applies to us ordinary citizens. Those who are politically connected would get their guns back in a heartbeat.

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    Simple Solution

    That could probably be handled by contacting the state Attorney General's office and telling them that personal property is being illegally seized and sold off by local county governments and police departments. I don't think that it would require a law at all, just putting the locales on notice that stolen property isn't somehow theirs just because they recover it.

    The gun owners in New Orleans sued the City of New Orleans and the police department when guns were seized illegally during Katrina, and the same principle would apply here. Stolen property used in a crime is still stolen property, and has an owner to whom it should be returned. Henry McMaster should know that if he plans to run for governor.

    WT
    "What man is a man that does not make the world a better place?"... from "Kingdom of Heaven"
    True patriots feel that there is no problem in our Republic that cannot be solved by election, windage and elevation, or superior firepower.

  16. #16
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    the foot,

    open carry is legal in GA.

    http://www.georgiacarry.org/

  17. #17
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    If there's no law against open carry, open carry is not illegal.
    Ohio is this way. Open carry is unrestricted in Ohio in that there is no law prohibiting it at the state level, and with the pre-emption, there can be no local law against it.

    The Ohio Constitution preserves the right to keep and bear arms, and open carry has been preserved via lack of restrictions to back this part of the Constitution. Government buildings aside, there is precious little enforcement possible for open-carry. So much so that the restrictions placed on concealed carry can be bypassed, in theory (see:untested in court), by switching to open carry.

    For those of you who are not really moved by the open-carry bills, just see it as the further affirmation of your state's RKBA by helping people to carry, rather than restricting it.
    The worst things happen at the most critical times, and it's these moments that YOU need to be flawless, not the gun.

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  18. #18
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    ?????open carry

    It would seem that open carry would cancel the presenting if gun was noticed.the Grass roots sent me a notice of the bill.
    there is supposed to be a senate bill 1259 to sierialize ammo.I have to call monday to check.

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