Simone Lawson
On February 1, 2024, the South Carolina Senate voted 28-15 to approve House Bill 3594, also known as the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024. The bill seeks to amend the state's current law, which requires anyone who legally owns a gun to obtain a concealed weapons permit and undergo training to carry it publicly. If enacted, the new law will allow eligible South Carolina residents to carry firearms, openly or concealed, without a state permit or training. The bill has been debated across the aisle for the last two years and now awaits concurrence by the House.
| Characteristics | Values |
|---|---|
| Date of Vote | February 1, 2024 |
| Vote Outcome | Passed with a 28-15 vote |
| Bill Number | 3594 |
| Bill Name | South Carolina Constitutional Carry, Second Amendment Preservation Act of 2024 |
| Bill Sponsor | Rep. Bobby Cox, R-Greenville |
| Bill Supporters | NRA, Gov. Henry McMaster, Sen. Shane Martin, R-Spartanburg, Sen. Mike Fanning, D-Fairfield |
| Bill Opponents | Amanda McDougald Scott, Chair of the Greenville County Democratic Party, Sen. Luke Rankin, R-Horry, Sen. Deon Tedder, D-Charleston, Chief Dale Long of Conway, Chief Jim Stewart of the South Carolina Police Chiefs Organization |
| Bill Amendments | Free state-sponsored firearm training for citizens, mandated reporting of firearm theft, an age reduction for firearm purchasers, graduated penalties for permitless carriers who commit a crime, expungement of prior unlawful carry convictions, dismissal of all pending unlawful carry charges |
| Bill Status | Passed the Senate, awaiting concurrence by the House |
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What You'll Learn
The bill passed with a 28-15 vote
On February 1, 2024, the South Carolina Senate voted 28-15 to approve House Bill 3594, also known as the "Constitutional Carry" or "permitless carry" bill. The bill, which was first introduced in early 2023, allows eligible residents of the state to carry firearms, whether openly or concealed, without requiring registration for a state permit or receiving any training.
The vote was the culmination of nearly five days of debate in the Senate, with Republicans arguing that the bill would give South Carolinians their "god-given right" to the Second Amendment. Democrats, on the other hand, raised concerns about racial profiling and increased danger to law enforcement and citizens, especially in light of high gun violence rates.
The bill included several amendments, such as an amendment by Senator Margie Bright Matthews to expunge all prior unlawful carry convictions upon successful application for expungement. Another amendment dismissed all pending charges of unlawful carry once the bill becomes law. Additionally, senators agreed to add penalties for illegal gun possession, as pushed for by Governor Henry McMaster.
The "Constitutional Carry" bill now heads back to the House for a review of the amendments added by senators. If the House does not concur with the Senate amendments, the legislation is likely to be dead for this session.
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It removes the need for a concealed weapons permit
On February 1, 2024, the South Carolina Senate voted 28-15 to approve House Bill 3594, also known as the "Constitutional Carry/Second Amendment Preservation Act of 2024". The bill, which was introduced in the Senate on February 28, 2023, removes the requirement for a concealed weapons permit, allowing eligible residents to carry firearms, whether openly or concealed, without a state permit.
Under current South Carolina law, individuals who can legally own a gun must obtain a concealed weapons permit (CWP) and undergo training to carry it in public. The new bill, however, allows all legal gun owners to carry their weapons in public without a CWP. This means that individuals will no longer need to go through the process of applying for and obtaining a permit to carry a concealed weapon.
The removal of the permit requirement is a significant change to the state's gun laws and has been a topic of debate for several years. Proponents of the bill, such as Sen. Shane Martin (R-Spartanburg), argue that it is about upholding the Second Amendment rights of citizens to bear arms without government infringement. Martin stated that "liberty has two parts – freedom and responsibility," emphasizing that individuals should have the freedom to exercise their rights while also taking responsibility for their actions.
On the other hand, opponents of the bill, including Democrats and law enforcement officers, have raised concerns about public safety, increased danger to law enforcement and everyday citizens, and the lack of mandatory training. Sen. Luke Rankin (R-Horry) highlighted the opposition from police chiefs and officers, including Chief Dale Long of Conway, SC, and Chief Jim Stewart of the South Carolina Police Chiefs Organization, who expressed extreme concern for public safety without the required training.
While the bill removes the need for a concealed weapons permit, it is important to note that it does not change the criteria for eligibility to obtain a carry permit and does not affect previously issued permits. Additionally, the bill includes amendments that provide for free state-sponsored firearm training for citizens and graduated penalties for permitless carriers who commit crimes.
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It removes the need for training
The South Carolina Senate passed the 'Constitutional Carry' bill on February 1, 2024, in a 28-15 vote. The bill, H.B. 3594, will now return to the House for a review of the amendments added by senators before it goes to Governor Henry McMaster's desk.
The bill removes the need for mandatory training to carry a firearm publicly. Under current law, anyone who can legally own a gun needs a concealed weapons permit, which requires training. The proposed new law would allow anyone over the age of 18 to possess firearms without needing to register for a permit or receive any training.
During the debate, some senators raised concerns about the lack of mandatory training. Senator Luke Rankin, R-Horry, said officers had continuously expressed extreme concern about the removal of the training requirement from the bill. He said:
> "They oppose in the strongest possible terms for reasons of public safety our doing away with required training in this bill. This is not Luke Rankin anti-second amendment right. I believe in it."
However, Senator Shane Martin, R-Spartanburg, who was a strong advocate for the bill, denied that it eliminates the need for concealed weapons permits entirely. He said:
> "Liberty has two parts – freedom and responsibility. We have the freedom to exercise our rights, but we also have to have the responsibility to exercise those rights. So, anybody that isn’t comfortable or doesn’t know what they need to do with a gun, they need to look in the mirror and check themselves a little bit."
The bill includes an amendment by Senator Margie Bright Matthews, D-Colleton, to provide free state-sponsored firearm training for citizens.
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It includes free state-sponsored firearm training
The South Carolina Senate passed the 'constitutional carry' bill on February 1, 2024, in a 28-15 vote. The bill, H.B. 3594, will now return to the House for a review of the amendments added by senators. If passed into law, the bill will allow eligible residents of the state to carry firearms, whether openly or concealed, without requiring registration for a state permit or receiving any training. The bill was first introduced in the House on January 10, 2023, and in the Senate on February 28, 2023.
One of the amendments to the House version of the legislation includes free state-sponsored firearm training for citizens. This amendment was proposed by the State Law Enforcement Division (SLED), which is responsible for providing a statewide concealed weapon permit training course. The training course will be offered in every county in South Carolina, and SLED may contract with private certified concealed weapon permit training class instructors or local law enforcement to provide the course.
The inclusion of free state-sponsored firearm training in the bill is intended to address concerns about public safety and the lack of mandatory training for gun carriers. Opponents of the bill, including police chiefs and officers, have expressed extreme concern about the elimination of required training. They argue that doing away with mandatory training puts both law enforcement and everyday citizens in danger, especially in a state where gun violence is already high.
Supporters of the bill, on the other hand, argue that it is about allowing everyday people to exercise their constitutional right to carry firearms for self-defense without government infringement. They believe that law-abiding citizens who know how to handle a gun safely should be able to exercise their Second Amendment rights without burdensome regulations.
The bill has been debated across the aisle for the last two years, and its passage in the Senate is a significant step forward for those who support permitless carry in South Carolina. However, the House must still concur with the Senate's amendments for the bill to become law.
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It amends the South Carolina Code of Laws
The South Carolina Senate passed the 'Constitutional Carry' bill on February 1, 2024, in a 28-15 vote. The bill, H.B. 3594, also known as the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024", amends the South Carolina Code of Laws. It seeks to amend Section 10-11-320(B) of the S.C. Code, which deals with carrying or discharging firearms and exceptions for concealable weapons permit holders. The amendment ensures that this section does not apply to individuals who possess firearms and are authorised to park on or below capitol grounds, provided the firearm remains locked in their vehicle and is stored in a place that is not readily accessible.
The bill also proposes to amend Section 16-23-20 of the S.C. Code. It outlines that a person may apply for an expungement of one conviction for unlawful possession of a handgun under this section, provided the conviction occurred before the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. The South Carolina Law Enforcement Division is required to maintain a non-public record of the offence and the date of the expungement to prevent multiple uses of this right.
Additionally, the bill includes an amendment to Section 23-31-215 of the S.C. Code, mandating the State Law Enforcement Division to offer a free statewide concealed weapon permit training course. This course will satisfy the proof of training requirement for obtaining a concealed weapon permit. The bill also includes amendments for mandated reporting of firearm theft, an age reduction for firearm purchasers, and graduated penalties for permitless carriers who commit crimes.
The 'Constitutional Carry' bill faced opposition from Democrats, who raised concerns about racial profiling and increased dangers to law enforcement and citizens in a state that already experiences high levels of gun violence. They also highlighted the lack of mandatory training requirements in the bill, which was also a concern expressed by police chiefs and officers. Despite these objections, the bill passed in the Senate and is now under review in the House.
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Frequently asked questions
Yes, the South Carolina Senate voted for the last time on the 'Constitutional Carry' bill on February 1, 2024.
The 'Constitutional Carry' bill, also known as House Bill 3594, allows eligible residents of South Carolina to carry firearms, whether openly or concealed, without requiring registration for a state permit or receiving any training.
Under current law in South Carolina, anyone who can legally own a gun needs a concealed weapons permit (CWP), which requires training to carry it publicly.
The bill will return to the House for a review of the amendments added by senators before it heads to Governor Henry McMaster's desk. If the House does not concur with the Senate amendments, the legislation is likely dead for this session.
The bill has been controversial, with Republicans arguing that it gives South Carolinians their "god-given right" to the Second Amendment. Democrats, on the other hand, have raised concerns about racial profiling and increased danger to law enforcement and everyday citizens, especially given the high levels of gun violence.
![Journal of the Senate of the State of South Carolina [serial]; Session of 1860](https://m.media-amazon.com/images/I/71A7CFIF2uL._AC_UY218_.jpg)
