Malcolm Rivera
On February 1, 2024, the South Carolina Senate passed the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023, also known as the Permitless Carry bill. The bill, which would allow legal gun owners to carry firearms publicly without a concealed weapons permit, was passed with a 28-15 vote. The bill will now head back to the House of Representatives, which passed a different version of the bill in 2023. The House can either agree with the Senate's changes and send the bill to the governor or try to work out a compromise.
| Characteristics | Values |
|---|---|
| Date of Vote | February 1, 2024 |
| Bill Name | South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024 |
| Bill Number | 3594 |
| Bill Sponsor | State Rep. Bobby Cox, R-Greenville |
| Senate Vote | 28-15 |
| Amendments | Senator Margie Bright Matthews, D-Colleton's amendment will expunge all prior unlawful carry convictions upon successful application for expungement; dismiss all pending charges of unlawful carry once the bill becomes law; change the age from 21 to 18 to carry a concealed weapon; add an extra penalty for those who don’t have a CWP and carry in prohibited places |
| House Vote | 90-30 |
| House Vote Date | February 23, 2023 |
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What You'll Learn
The bill passed in the Senate by a vote of 28-15
The South Carolina Senate passed the Constitutional Carry/Second Amendment Preservation Act of 2023, also known as the Permitless Carry bill, by a vote of 28-15. The bill, which was introduced in the Senate on February 28, 2023, and last amended on March 6, 2024, removes the requirement for a concealed weapons permit and training to carry a firearm in public.
The passage of the bill followed nearly five days of debate in the Senate, with strong opposition from Democrats and law enforcement officers. They raised concerns about public safety, the lack of mandatory training, and the potential for increased gun violence and danger to law enforcement and citizens. Despite these concerns, the bill's supporters, including many Republicans, argued that it would uphold the Second Amendment rights of South Carolinians.
One of the notable amendments to the bill was proposed by Senator Margie Bright Matthews, D-Colleton, which included the expungement of prior unlawful carry convictions upon successful application. Additionally, all pending charges of unlawful carry would be dismissed once the bill becomes law. The Senate also lowered the age for carrying a concealed weapon from 21 to 18.
The bill will now return to the House of Representatives, which passed its own version, House Bill 3594, in 2023. The House members can either agree with the Senate's changes and send the bill to the governor or work towards a compromise. Governor McMaster has expressed support for stricter penalties for illegal gun use and possession, which are included in the Senate's version of the bill.
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The bill differs from the House version
The South Carolina Senate passed its version of the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023, also known as the Permitless Carry bill, on February 1, 2024. The bill, which was introduced in the Senate on February 28, 2023, and last amended on March 6, 2024, differs from the House version in several key ways.
Firstly, the Senate's version eliminates the requirement for a concealed weapons permit (CWP) to carry a gun in public. Under current law, anyone who can legally own a gun must obtain a CWP and undergo training to carry it publicly. The bill passed by the Senate removes these training and permitting requirements, allowing all legal gun owners to carry guns publicly without a permit.
Secondly, the Senate's version includes an amendment to expunge all prior unlawful carry convictions upon successful application for expungement. This amendment, proposed by Senator Margie Bright Matthews, D-Colleton, also seeks to dismiss all pending charges of unlawful carry once the bill becomes law.
Another difference is the change in the minimum age to carry a concealed weapon. The Senate's version lowers the age from 21 to 18. Additionally, the Senate's version includes increased penalties for individuals who carry guns in prohibited places without a CWP.
The bill has faced opposition from Democrats and organizations due to concerns related to safety, training, domestic violence, and the potential for increased gun violence. They argue that the bill will create more problems than it solves and poses a danger to law enforcement and citizens. On the other hand, Republicans defend the bill as upholding the Second Amendment rights of South Carolinians, aligning with the laws of other states, and allowing everyday people to exercise their constitutional rights.
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The bill removes the requirement for a concealed weapons permit
The South Carolina Senate passed its version of the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023, also known as the Permitless Carry bill, on February 1, 2024. The bill removes the requirement for a concealed weapons permit, allowing legal gun owners to carry their weapons in public without a permit.
Under current law, individuals who want to carry handguns in South Carolina must complete training and obtain a concealed weapons permit. The bill would eliminate these requirements, making it easier for people to carry guns in public. Guns would still be banned in the same places where they are currently prohibited, including schools, churches, and courthouses.
The bill has faced opposition from Democrats and other organizations due to concerns about safety, training, domestic violence, and the potential for increased gun violence. They argue that removing the permit requirement could lead to more guns on the streets and potentially endanger both law enforcement and citizens. However, Republicans have defended the bill, stating that it would give South Carolinians their "'god-given right' to bear arms as guaranteed by the Second Amendment.
The bill also includes several amendments, such as lowering the age for carrying a concealed weapon from 21 to 18 and adding extra penalties for those who carry in prohibited places without a permit. It is worth noting that people could still obtain a concealed weapons permit if they chose to do so. The bill will now head back to the House of Representatives, which passed its version last year, for further approval before potentially reaching the governor's desk.
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The bill removes the requirement for training
The South Carolina Senate passed the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023, also known as the Permitless Carry bill, on February 1, 2024. The bill removes the requirement for training to carry a firearm in public, which is currently mandated by state law. Under the current law, anyone who can legally own a gun must obtain a concealed weapons permit, which necessitates training before the weapon can be carried in public.
The bill, which passed with a vote of 28-15, has been amended by the Senate to include several changes from the House version, which passed in 2023. One notable difference is the removal of the training requirement. While the bill encourages training, it is no longer a mandatory prerequisite for obtaining a concealed weapons permit. This aspect of the bill has been a point of contention, with some Republican senators initially opposing the removal of the training mandate. However, a late compromise was reached, allowing the bill to advance.
The bill's supporters argue that it upholds the Second Amendment rights of South Carolinians, giving them the freedom to carry firearms without excessive regulation. They maintain that the bill is about enabling everyday citizens to exercise their constitutional rights, as is permitted in many other states. On the other hand, opponents of the bill, including Democrats and law enforcement officers, have raised concerns about safety and training and the potential for increased gun violence. They argue that doing away with the training requirement could create more problems than it solves and pose a danger to both law enforcement and the general public.
The bill will now return to the House of Representatives, where members will have the option to agree with the Senate's amendments or work towards a compromise. If the House concurs with the Senate's changes, the bill will be sent to Governor Henry McMaster, who has expressed support for the legislation. The bill also includes increased penalties for individuals who illegally carry firearms, such as felons and those in possession of stolen guns, addressing concerns about repeat criminal offenders.
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The bill amends the South Carolina Code of Laws
Section 10-11-320(B) of the S.C. Code
This section no longer applies to individuals who possess firearms and are authorised to park on or below capitol grounds. Firearms must remain locked in the person's vehicle and must be stored in a place that is not readily accessible to any person upon entry.
Section 16-23-20 of the S.C. Code
The unlawful carrying of handguns is amended to include an exception for individuals who may possess firearms upon capitol grounds under certain circumstances.
Section 16-23-50 of the S.C. Code
This section, relating to penalties, disposition of fines, and forfeiture and disposition of handguns, is amended to include a provision that individuals who enter premises with signs prohibiting firearms while in possession of a firearm must be charged with trespassing.
Sections 16-23-420 and 16-23-430 of the S.C. Code
These sections, relating to carrying weapons on school properties, are amended to revise the circumstances under which individuals may possess firearms on school property. It is unlawful for any person, except law enforcement officers or personnel authorised by school officials, to carry a knife with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon that could inflict bodily injury or death while on elementary or secondary school property. This section does not apply when the weapon remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, console, trunk, or container in the luggage compartment of the vehicle.
Chapter 1, Title 17 of the S.C. Code
This chapter is amended by adding Section 17-1-65, which allows individuals to apply for the expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20. This applies if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024.
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Frequently asked questions
The SC Senate voted on constitutional carry on February 1, 2024.
The vote passed with 28 in favour and 15 against.
The bill will head back to the House of Representatives, which passed its own version of the bill in 2023. House members can either agree with the Senate’s changes and send the bill to the governor, or they can try to work out a compromise.
