South Carolina Senate Passes Constitutional Carry: What's Next?

did sc senate pass constitutional carry

On February 1, 2024, the South Carolina Senate passed the 'Constitutional Carry' bill, also known as the 'South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023' or 'Permitless Carry bill'. The bill would allow eligible adults in South Carolina to carry loaded guns without a permit or training. However, it still needs to be approved by the House of Representatives, which passed its own version of the bill in 2023. The Senate's version of the bill includes amendments such as penalties for unregistered firearm owners and free weapons training. While supporters of the bill argue that it upholds the Second Amendment right to bear arms, opponents, including police chiefs and Democrats, have raised concerns about the lack of mandatory training and the potential impact on public safety.

Characteristics Values
Bill Name South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023
Bill Number 3594
Bill Sponsor Upstate Rep. Bobby Cox
Bill Passed in Senate Yes
Senate Vote Count 28-15
Senate Vote Date 1st February 2024
Bill Passed in House Yes
House Vote Date February 2023
House Vote Count N/A
Governor Henry McMaster
Governor's Stance Supports the bill
Amendments Yes
Amendment Details Reduced age for carrying a concealed weapon from 21 to 18; additional penalties for those who carry in prohibited places; expungement of prior unlawful carry convictions; dismissal of pending unlawful carry charges; increased penalties for unregistered firearm owners; free weapons training

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The bill passed with a 28-15 vote

The South Carolina State Senate passed the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023" by a vote of 28-15. The bill, also known as House Bill 3594, was introduced by Rep. Bobby Cox (R-Greenville) in 2023. It aims to amend the South Carolina Code of Laws to remove the requirement for a concealed weapons permit, allowing legal gun owners to carry firearms openly or concealed without a permit.

The bill passed the Senate with a vote of 28-15, after nearly five days of debate. The Senate's version of the bill differs from the House's original version, which was passed in 2023. The Senate included several amendments, such as lowering the age to carry a concealed weapon from 21 to 18 and adding an extra penalty for those who carry in prohibited places without a permit. One of the notable amendments was proposed by Senator Margie Bright Matthews (D-Colleton), which included expunging prior unlawful carry convictions and dismissing pending charges of unlawful carry once the bill becomes law.

The bill has been a subject of controversy, with Democrats and organizations raising concerns about safety, training, and the potential impact on law enforcement and citizens. On the other hand, Republicans argue that the bill upholds the Second Amendment rights of South Carolinians. The bill now returns to the House, which can either agree to the Senate's changes or insist on its original version, leading to further negotiations.

The "Constitutional Carry" bill has divided opinions within the state. While some celebrate it as a victory for Second Amendment rights, others worry about the potential consequences of easing gun restrictions. The bill's passage in the Senate brings South Carolina a step closer to becoming one of the many states that allow permitless carry. However, it still has hurdles to overcome before becoming law, including approval by the governor.

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The bill removes the requirement for training

South Carolina's Senate has passed a bill that would allow residents to carry a concealed weapon without a permit or training. The bill, known as "constitutional carry," removes the requirement for training and permits for those who wish to carry a concealed weapon in the state. It passed by a vote of 30-10 along party lines, with Republicans in favor and Democrats opposed.

The bill's supporters argue that it would allow law-abiding citizens to protect themselves and their families without unnecessary government red tape. "This bill simply says you don't have to ask the government for permission to carry a firearm," said Sen. Tom Davis, a Beaufort Republican who sponsored the bill. "If you can lawfully possess a firearm, you can carry it."

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The bill removes the requirement for a permit

Under current law, anyone who can legally own a gun needs a concealed weapons permit (CWP) to carry it publicly. This requires training in the safe use and handling of firearms. The bill removes the requirement for this training and permitting, meaning that legal gun owners can carry their weapons in public without a CWP. Guns will still be banned in the same places where they are currently not allowed, including schools, churches, and courthouses. People will also still be able to obtain a CWP if they wish to do so.

The bill has been controversial, with Democrats and law enforcement officers raising concerns about the removal of the training requirement. They argue that this could create safety risks for both the public and law enforcement officers. Some Republican senators also initially opposed the removal of the training requirement. However, a late compromise was reached, allowing the bill to pass in the Senate.

Supporters of the bill, including Governor Henry McMaster, argue that it will give South Carolinians their "god-given right" to bear arms under the Second Amendment. They also point out that 26 other states have already passed similar laws, including most states in the Deep South. The bill also includes increased penalties for people who illegally carry guns, such as felons or those with stolen guns, which has been a top request from the Governor.

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The bill changes the minimum age to carry a concealed weapon from 21 to 18

The "'constitutional carry' bill, also known as the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023", has been passed by the South Carolina Senate. This bill seeks to amend the current law, which requires individuals to obtain a concealed weapons permit to carry a gun in public. The bill has been supported by Governor Henry McMaster, who has pushed for stricter penalties for illegal gun use and possession.

One of the notable changes in the bill is the reduction of the minimum age to carry a concealed weapon from 21 to 18. This amendment has sparked concerns among Democrats and other organizations about safety and training, and potential racial profiling. They argue that the bill will create more problems than it solves and increase the danger to both law enforcement and citizens, especially in the context of already high gun violence rates.

The bill's supporters, including many Republicans, argue that it is about upholding the Second Amendment rights of South Carolinians. They believe that everyday people should be able to exercise their constitutional right to bear arms without the need for a permit. However, opponents of the bill highlight the lack of mandatory training as a critical issue. Police chiefs and officers in South Carolina have expressed extreme concern over the removal of the training requirement, which covers essential aspects such as the proper use of guns and the legal conditions for discharging firearms.

Despite the concerns raised, the bill passed in the Senate with a vote of 28-15. It will now head back to the House of Representatives, which had previously passed its own version of the bill. The House members will have to decide whether to agree with the Senate's changes or work towards a compromise. The future of this bill is uncertain, and it remains to be seen whether it will ultimately be enacted into law.

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The bill includes increased penalties for illegal gun possession

On February 1, 2024, the South Carolina Senate passed the 'constitutional carry' bill on guns, allowing legal gun owners to carry firearms in public without a concealed weapons permit (CWP). The bill removes the requirement for gun owners to undergo training before carrying their weapons in public. While supporters of the bill argue that it protects South Carolinians' Second Amendment rights, critics have raised concerns about public safety, the lack of mandatory training, and increased dangers for law enforcement and citizens.

The bill, known as House Bill 3594 or the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024," includes increased penalties for illegal gun possession. Under the bill, it is unlawful for individuals with prior convictions of violent crimes classified as felonies to possess, ship, transport, or receive firearms or ammunition within the state. The penalty for violating this provision includes a fine of up to $2,000 and imprisonment for up to ten years for a first offense, with mandatory minimum imprisonment terms for subsequent offenses.

Additionally, the bill addresses the unlawful carrying of weapons on school property. It states that only authorised law enforcement officers or personnel are permitted to carry weapons on elementary or secondary school grounds. Violators of this provision are subject to a fine of up to $1,000 and/or imprisonment for up to five years. The bill also makes it unlawful to possess a stolen firearm during the commission of a violent crime, with a mandatory minimum sentence of ten years' imprisonment upon conviction.

The "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024" was ratified on March 7, 2024, and took effect upon approval by the Governor. It is important to note that the bill has faced opposition from law enforcement officers and Democrats, who have expressed concerns about public safety and the lack of mandatory training. Despite these concerns, the bill passed in the Senate with a vote of 28-15.

Frequently asked questions

Yes, the SC Senate passed the Constitutional Carry bill on February 1, 2024.

The Constitutional Carry bill, also known as the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023 or 2024, allows eligible adults in South Carolina to carry loaded guns without a permit or training.

There are concerns about the lack of mandatory training, which is currently required to carry a gun in South Carolina. Police chiefs and officers have testified against the bill, citing public safety concerns. Other concerns include safety, domestic violence, and racial profiling.

The bill will go back to the House of Representatives, which passed its own version in 2023. The House can either agree with the Senate's changes and send the bill to the governor or work out a compromise.

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