S.115 Constitutional Carry

[John Canuck]

S. 115

STATUS INFORMATION

General Bill
Sponsors: Senators Bright and Bryant

Introduced in the Senate on January 8, 2013
Currently residing in the Senate Committee on Judiciary

http://www.scstatehouse.gov/sess120_201 ... ls/115.htm

 

[44lover]

WOW !!!!!!!!!! Talk about clearing the air, I just read this and am hopeful that the Gov. approves it.

 

[Tigerstripe]

am i reading this wrong or what. the first sentence says no one may carry a firearm and at the end only court officals are mentioned as being able to carry.

 

[armaborealis]

am i reading this wrong or what. the first sentence says no one may carry a firearm and at the end only court officals are mentioned as being able to carry.

The new proposed law reads:

""Section 16-23-20. It is unlawful for anyone to carry about the person any handgun, whether concealed or not, with the intent to commit a crime. The intent to commit a crime shall not be inferred from the mere possession, carrying, or concealment of a loaded or unloaded handgun."

It also prevents public employers from prohibiting employees from carrying.

It looks like it leaves the permit system in place if you want one for reciprocity or Gun Free School Zone purposes.

This is an excellent law that should be strongly supported.

 

[Avtomat-Acolyte]

Failing to come to a complete stop a stop sign is a criminal offense.

Being unable to see a vehicle in your blind spot and "cutting them off" during a lane change is a criminal offense.

Operating a motor vehicle that is travelling at 46 mph when the posted limit is 45 mph is a criminal offense.

There's all kinds of "crimes" that one commits on a daily basis. Is there the potential for unintended consequences with this proposed legislation? I.E. turning an infraction or misdemeanor into a felony simply because the offender is carrying a gun, albeit completely unrelated to the offense?

 

[John Canuck]

I don't know. I'm not a lawyer, but I don't see accidently running stop sign as having an intent to commit a crime. In fact, you don't need a gun to intentionally run a stop sign.

Maybe a lawyer can offer us an opinion. It seems like they are shooting for an add on crime for someone who robs a bank, and carries a gun with the intent of committing a crime. It's kinda stupid. I think we can repeal the whole section.

 

[Micah3412]

Despite finally taking the plunge for a cwp after being opposed to drawing that attention to myself, I sure hope this passes. (I hoped for it since moving here)

 

[ConditionOne]

Failing to come to a complete stop a stop sign is a criminal offense.

Being unable to see a vehicle in your blind spot and "cutting them off" during a lane change is a criminal offense.

Operating a motor vehicle that is travelling at 46 mph when the posted limit is 45 mph is a criminal offense.

There's all kinds of "crimes" that one commits on a daily basis. Is there the potential for unintended consequences with this proposed legislation? I.E. turning an infraction or misdemeanor into a felony simply because the offender is carrying a gun, albeit completely unrelated to the offense?

I believe most traffic violations, be they moving or parking, are considered civil violations and not criminal offenses. Only serious things like DUI, hit and run, feeling from the scene of a crime, etc. are criminal. Most people don't commit "crimes" on a daily basis.

 

[John Canuck]

Constitutional Carry preserves the option to get a permit for carry in other states . . . but it will not be required to carry in South Carolina.

But Senate Judiciary Chairman Larry Martin (R-Pickens) assigned our constitutional carry bill to a tough subcommittee.

The subcommittee has five people on it . . .

Two are pro-gun . . .

* Senator Lee Bright (R-Greenville/Spartanburg)

* Senator Shane Martin (R-Spartanburg)

Two are anti-gun . . .

* Senator Gerald Malloy (D-Darlington)

* Senator Brad Hutto (D-Orangeburg)

And one is luke-warm.

The deciding vote on the subcommittee will be Senator Greg Hembree (R-Horry).

Inside sources in the Senate tell me they doubt Senator Hembree will be very gun friendly.

When I called fellow gun advocates in Horry County, they told me the same thing.

Greg Hembree's gun rights credentials are questionable at best.

This article forwarded from Palmetto Gun Rights........

The fact is we just don't know where he will stand.
He has been asked . . . and he has not yet responded.
You know what that usually means! If he doesn't want to go on the record, then he's waiting to see which way the wind is blowing!
I need you to contact Hembree and help him understand how the wind blows for gun rights in South Carolina!

Running concurrently in the same judiciary subcomittee is S 85 providing for 10th Amendment states rights control over firearms, firearms accessories, and ammunition

Tell him you want S 115, Constitutional Carry, and S 85 10th Amendment rights, passed out of his subcommittee as is, with no amendments.

Each needs to be passed out of subcomittee without amendment to a second reading on the floor. We can't afford for it to be weakened or delayed with amendments.

They need to pass as they are written.

Contact Senator Hembree RIGHT NOW at (803) 212-6016 or at [email protected].

 

[armaborealis]

Failing to come to a complete stop a stop sign is a criminal offense.

Being unable to see a vehicle in your blind spot and "cutting them off" during a lane change is a criminal offense.

Operating a motor vehicle that is travelling at 46 mph when the posted limit is 45 mph is a criminal offense.

There's all kinds of "crimes" that one commits on a daily basis. Is there the potential for unintended consequences with this proposed legislation? I.E. turning an infraction or misdemeanor into a felony simply because the offender is carrying a gun, albeit completely unrelated to the offense?

I believe most traffic violations, be they moving or parking, are considered civil violations and not criminal offenses. Only serious things like DUI, hit and run, feeling from the scene of a crime, etc. are criminal. Most people don't commit "crimes" on a daily basis.

Well, many people DO commit a crime at least on a weekly basis. For example, if you carry a handgun within 1000' of a school and don't have a CWP under Constitutional Carry, you're violating the Federal Gun Free School Zones act.

However, the key verbage in the SC Constitutional Carry law is "INTENT" to commit a crime. The prosecutor would have to prove that you knowingly and consciously formed the intent to commit and crime, which tends to be difficult to do.

I agree that the wording could be better. It should say "violent felony" or "violent crime" or "felony" or nothing at all. This is still a good law, much better than what SC currently has.

 

[flareback]

I was thinking the other day I needed to contact my representatives and tell them to get Constitutional Carry. Thank you to all those who have been fighting this fight for us.

I did email Hembree

 

[SCPossum]

The entire paragraph needs to be quoted in order to understand how the bill would be interpreted:


(16) ...with the intent to commit a crime. The intent to commit a crime shall not be inferred from the mere possession, carrying, or concealment of a loaded or unloaded handgun."

The "The intent to commit a crime shall not be inferred from the mere possession, carrying, or concealment of a loaded or unloaded handgun" part would cover a carrier from civil infractions/crimes. I agree that the proving of intent is a hard task for a prosecutor without hard evidence.

 

[John Canuck]

Schedule for public hearings on the South Carolina Constitutional Carry Act of 2013.

Let's pack these hearings with pro-gun, pro-liberty supporters.

Senator Hembree is still undecided and leaning to vote against restoring the right to carry without asking government's permission.

If he votes against Constitutional Carry in this subcommittee, it dies.

You can contact him at [email protected] or (803) 212-6016.

Monday, February 25, 2013
7:00 - 9:00 p.m.
North Charleston City Hall
Third Floor, Council Chambers
2500 City Hall Lane
North Charleston, S.C. 29406

Monday, March 4, 2013
7:00 - 9:00 p.m.
York Technical College
Baxter Hood Center, Barnes Theater
452 S. Anderson Road
Rock Hill, S.C. 29730

Monday, March 11, 2013
7:00 - 9:00 p.m.
Greenville County Council Chambers
301 University Ridge
Greenville, S.C. 29601
Use entrance by flag pole, Chambers on right

Monday, March 18, 2013
7:00 - 9:00 p.m.
Ted C. Collins Law Enforcement Center
Council Chambers
1101 North Oaks Street
Myrtle Beach, S.C. 29577

 

[Micah3412]

Thanks John for posting this update here.

 

[PCShogun]

I am going to try and attend the meeting on Feb 25th at N.Chas town hall.

 

[Lupinus]

Unless something changes, I'm going to try and make the Greenville stop.

 

[John Canuck]

New information from the sub-committee coordinator.

There will be a sign in sheet outside or just inside the chambers. On it, you will need to include your information and check off whether you would like to speak. There will be an additional check off to be added to the contact list. Once the hearing begins, the Chairman will begin calling people forward to speak. Speakers will be called in the order of the sign in sheet. Please do not walk up to the microphone before being called forward. We also do not sign up speakers prior to the event.

Depending on the number of people that would like to provide testimony, there may be a limited amount of time for each speaker. You are welcome to provide written testimony to the subcommittee, but please bring at least six copies for the members and staff.

Please be aware that we are renting these facilities for the evening, and their staff will not be able to answer questions regarding these public hearings. If you have questions regarding the email notifications or meeting details, please contact me. If you have questions regarding the subject matter of S.115, please contact J. J. Gentry at 803-212-6306 or [email protected].

 

[John Canuck]

REMINDER

Monday, February 25, 2013
7:00 - 9:00 p.m.
North Charleston City Hall
Third Floor, Council Chambers
2500 City Hall Lane
North Charleston, S.C. 29406

 

[PCShogun]

Just got back from the meeting and my impression is that it went well. It was very well attended with about 120 people in the seats and all 3 local news channels in the gallery . Most of the people who spoke were for Constitutional Carry. Most spoke their position well. I was so nervous it sounded like I was about to bust into tears, but hey, that's why I am not a public speaker.

A few were against and people were respectful of their opinion. The most vocal was the Chief of North Charleston Police who's main point was that both good guy's and bad would now be carrying a visible firearm and officers would be at a disadvantage to tell the difference. Another man's point was that any knuckle head with a pulse could carry a gun whether he could shoot straight or not.

Still of 120 people in attendance, I think 4 had an opposing view.

Demographics were mostly older white male, veterans.

 

[94formulabird]

being 24 pretty sure i was one of, if not the, youngest one there...kinda wish I had spoke..since my generation sucks...but i think it was a good turn out