S. 117 SOUTH CAROLINA FIREARMS LIBERTY ACT

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If true please let this happen!

Who are the in state manufacturers?
I know apex arms in Elgin sc. Looks like Palmetto state defense in Greer sc are making a .22 and 5.56 can. Any others?
 
This could be extremely interesting if this bill gains any traction and gets through the legislative process. It also includes a nullification provision in case the feds try to impose any registration scheme on a national level. This is interesting because it is once again a case of states rights. This could make it to the supreme court if it is enacted here and the Feds decide to bring suit on the basic principles involved. I am glad to see such a move by our legislators. Hopefully it will be enacted here.
 
Meh. It sends a symbolic message.

Other states have passed these and NFA items are still not cash and carry. The SCOTUS has already ruled (Wickard v. Filburn) that the feds have the ability to regulate commerce including items which are made within a state and remain in that state, so the federal courts will smack these firearms freedoms acts down (and have already).

Section 23-31-725, which makes enforcement a crime, is probably the most interesting one, but I doubt it will be made into law. If SC authorities arrested a fed enforcing the NFA or GCA and tried them for a felony, retribution would be swift in the form of monetary disruption. SC is so dependent on federal cash that the state would be hosed if the feds withheld subsidies.

The only useful thing I see here is that the SC gov't is committed to providing you a free lawyer when the feds jack you up.

I'd prefer real, substantive pro-gun action to these political stunts. Constitutional carry, strengthened pre-emption, etc actually mean something.
 
i dont like any part of this having anything to do with "manufacturing" ammunition.

backdoor a reloading ban?
 
bigfutz said:
Lee Bright trying to block the Feds. If I read it right, it may mean SC residents can own SC-made supressors w/o registration.
http://www.scstatehouse.gov/sess121_201 ... ls/117.htm

Its feel good legiation. It doesnt change what you can own just who can arrest you. The surpreme court has ruled time and time again when federal and state law conflict federal law supercedes state law. So your locals may not arrest you for your sc made surpressor but dnr, atf, dea, dhs still can. I guess of you shoot your own land and dont run into anyone with federal authority tour fine. Like weed shops are left alone until they got big bucks on hand then a fed sweep for some fund raising.
 
urbancommandox said:
bigfutz said:
Lee Bright trying to block the Feds. If I read it right, it may mean SC residents can own SC-made supressors w/o registration.
http://www.scstatehouse.gov/sess121_201 ... ls/117.htm

Its feel good legiation. It doesnt change what you can own just who can arrest you. The surpreme court has ruled time and time again when federal and state law conflict federal law supercedes state law. So your locals may not arrest you for your sc made surpressor but dnr, atf, dea, dhs still can. I guess of you shoot your own land and dont run into anyone with federal authority tour fine. Like weed shops are left alone until they got big bucks on hand then a fed sweep for some fund raising.

Doesn't even do that much... It is already illegal under SC law to possess NFA items. Having a tax stamp is an affirmative defense.

The proposed bill doesn't strike the existing SC code, so it would still be illegal under state law to have such items. A SC LEO could certainly arrest you.

This bill as written is nearly meaningless. Pure grandstanding. I'd much prefer the effort to go into something useful.


SECTION 16-23-220. Unlawful transportation of machine gun, military firearm, or sawed-off shotgun or rifle within State.

It is unlawful for a person to transport from one place to another in this State or for any railroad company, express company, or other common carrier or any officer, agent, or employee of any of them or other person acting in their behalf knowingly to ship or to transport from one place to another in this State a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

HISTORY: 1962 Code Section 16-122; 1952 Code Section 16-122; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, Section 1; 1993 Act No. 184, Section 42.

SECTION 16-23-230. Unlawful storing, keeping, or possessing of machine gun, military firearm, or sawed-off shotgun or rifle.

It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

HISTORY: 1962 Code Section 16-123; 1952 Code Section 16-123; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, Section 1; 1993 Act No. 184, Section 43.

SECTION 16-23-240. Unlawful sale, rental, or giving away of machine gun, military firearm, or sawed-off shotgun or rifle; exceptions.

It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly, in the sale, renting, giving away, or otherwise disposing of a machine gun, or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330.

A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260.

HISTORY: 1962 Code Section 16-124; 1952 Code Section 16-124; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1990 Act No. 564, Section 1; 1993 Act No. 184, Section 44.
 
so why not print the exceptions?

except as provided in Sections 16-23-250 and 23-31-330.

where is the mention of suppressor? isnt that the subject of this thread and Lee Brights bill?
 
Tigerstripe said:
so why not print the exceptions?

except as provided in Sections 16-23-250 and 23-31-330.

where is the mention of suppressor? isnt that the subject of this thread and Lee Brights bill?

The exceptions aren't really relevant here. But they are copied below. The Lee Bright bill is intended to pre-empt all NFA items as well as pre-empt bans on mags, "AWBs," etc. So the SBR stuff is relevant.

The exceptions are pasted here:

SECTION 16-23-250. Exceptions to application of article.

The provisions of this article do not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of these organizations. Any peace officer of the State or of a county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or persons on duty in the postal service of the United States or a common carrier while transporting direct to a police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun, or sawed-off rifle, may possess machine guns, or sawed-off shotguns, or sawed-off rifles, when required in the performance of their duties. The provisions of this section must not be construed to apply to machine guns, or sawed-off shotguns, or sawed-off rifles kept for display as relics and which are rendered harmless and not usable.

The provisions of this article do not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization, any common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law, or persons licensed pursuant to Section 23-31-370.

Section 23-31-330 - Application and registration of person allowed to possess machine gun or sawed-off shotgun or rifle

(A) Every person permitted by Section 23-31-320 to possess a machine gun or sawed-off shotgun or sawed-off rifle, and any person elected or appointed to any office or position which entitles the person to possess a machine gun or sawed-off shotgun or sawed-off rifle, upon taking office, shall file with the State Law Enforcement Division on a blank to be supplied by the division on request an application which is properly sworn. The application must be approved by the sheriff of the county in which the applicant resides or has his principal place of business and include the applicant's name, residence and business address, physical description, whether or not ever charged or convicted of any crime, municipal, state, or otherwise, and where, if charged, and when it was disposed of. The applicant shall also give a description including the serial number and make of the machine gun or sawed-off shotgun or sawed-off rifle which he possesses or desires to possess. The State Law Enforcement Division shall file the application in its office. The division shall register the applicant together with the information required in the application in a book or index to be kept for that purpose, assign to him a number, and issue to him a card which shall bear the signature of the applicant and which he shall keep with him while he has the machine gun or sawed-off shotgun or sawed-off rifle in his possession. This registration must be made on the date application is received and filed with the division. The registration expires on December thirty-first of the year in which the license is issued.

(B) No permit or registration required by the provisions of this section is required where weapons are possessed by a governmental entity which has a significant public safety responsibility for the protection of life or property.

The primary exception mentioned above for regular citizens is this: any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms. That is, those who have paid their tax under the NFA.

If Lee Bright's legislation were to become law, and you decided to skip getting an ATF tax stamp and not comply with the federal NFA requirements, you could still be arrested under SC law for possession of the SBR/SBS/MG, which is a felony -- unless you fall into one of the other exemptions in SC code 16-23-250.

If LB's legislation were more serious it would repeal 16-23-220/230/240. That would take state charges off the table for possession of common NFA items.
 
If LB's legislation were more serious it would repeal 16-23-220/230/240. That would take state charges off the table for possession of common NFA items.

well hell that makes sense. i would think that is what they would do instead of trying to say they would arrest a federal agent.
 
Political symbolism first then low key substantial legal changes may be easier to accomplish. Of course, they could just be blowing smoke up our butts.
 
Dave29461 said:
Political symbolism first then low key substantial legal changes may be easier to accomplish. Of course, they could just be blowing smoke up our butts.

Ohio just got a real pro-gun reform bill through:
- Local authorities MUST sign off on NFA requests if the applicant passes a NICS check ("Shall Issue" NFA)
- CCW training time and costs decreased
- CCW reciprocity improved
- Old full-auto/magazine ban removed
- Hunting with suppressors authorized


I tire of the grandstanding. At least S308 made it through last session. I'd prefer a good solid "move the gun rights ball down the field and get a first down" play that actually helps right now to these "hail mary" bills that have no actual impact.
 
I agree, Armaborealis. If we can't get pro-gun Fed laws, it would be nice to have state laws with some teeth on our side. I'm pretty disgusted with the RINO's right now.
 
this doesnt help does it?

NAGR Banner

Dear David,

I have bad news.

Outgoing Senate Majority Leader Harry Reid (D-NV) pulled a fast one on us.

He filed a "cloture motion" on Barack Obama's Surgeon General nominee, leading anti-gun activist, Vivek Murthy.

Earlier today, the the U.S. Senate voted to move his nomination forward, setting the stage for a confirmation battle in the next couple of days.

In order to stop this anti-gun nominee, I need you to contact your U.S. Senators right away.

Now, usually the U.S. Senate doesn't lift a finger over the weekend, but with just a few more days left before Republicans take control of the chamber, Harry Reid knows his time is limited.

He's not wasting a moment.

You see, defeated anti-gun Democrats have nothing to lose by voting for this gun-grabbing nominee before they leave office.

So Harry Reid's is trying to take advantage of that by sneaking this nominee through during the Holiday season while he thinks gun owners aren't paying attention.

That's why we need to mobilize against Reid now, before it's too late.

Please contact your U.S. Senators right away. You can reach the capitol switchboard at (202) 224-3121.
*** Sen. Tim Scott can be reached at (202) 224-6121.

*** Sen. Lindsey Graham can be reached at (202) 224-5972.

Urge them to oppose the nomination of Vivek Murthy for Surgeon General.

If you get their voicemail, please leave a message. Otherwise, you can find more contact options here.

Now, just to remind you, Vivek Murthy isn't just a Surgeon General nominee.

He's an outspoken gun-grabber.

Murthy was the leader of a group called "Doctors for America" which advocates for a reinstatement of the so-called "assault weapons" ban and government-mandated training requirements.

Because of his past activism, radical anti-gunners at the Brady Campaign have lined up behind Obama and Murthy in hopes of sneaking through his nomination before it's too late.

If his nomination is confirmed, it could open up a whole new front for Barack Obama's anti-gun agenda.

You see, after the failure to pass an anti-gun bill in 2013, Barack Obama has been looking for ways to go around Congress to strip law-abiding citizens' right to purchase and possess firearms.

And Obama believes he's found a way to do that by tying your Second Amendment rights to your private health care records.

In fact, the framework to do this already exists.

Over 175,000 military veterans have already had their names placed on the federal background check system, and their gun rights stripped -- without due process -- by the Department of Veterans Affairs.

That's why Obama's sought to expand that scheme by coercing other federal departments, agencies, and even states to do the same, all under the name of "health care".

Our enemies believe if they can simply gather up enough private health care records of gun owners, they can make individual cases for stripping tens of thousands -- or millions -- of law-abiding gun owners of their Second Amendment rights.

No wonder when Vivek Murthy declared, "guns are a health care issue," the gun-grabbers knew he was the Obamacare Czar they needed to lump your right to keep-and-bear arms under that umbrella.

If confirmed, Vivek Murthy will have consequential influence on the health care community.

So far, all signs suggest he'll use that influence to promote his anti-gun views and Obama's anti-gun agenda at your expense.

David, it gets even worse.

Capitol Hill sources are warning that weak-kneed Republicans are already starting to cave to Harry Reid's demands.

Many Republicans have supported anti-gun nominees before, and want to vote on Murthy now in order to avoid having to vote for him next month when all eyes are on them.

Pro-gun U.S. Senator Rand Paul has been able to block Murthy's nomination up until now by leading Republican opposition, but since the election is over, all bets are off.

Only your activism can help block this anti-gun nominee.

Please contact your U.S. Senators right away. You can reach the capitol switchboard at (202) 224-3121.
*** Sen. Tim Scott can be reached at (202) 224-6121.

*** Sen. Lindsey Graham can be reached at (202) 224-5972.

Urge them to oppose the nomination of Vivek Murthy for Surgeon General.

If you get their voicemail, please leave a message. Otherwise, you can find more contact options here.

Please don't wait. Please act today.

And keep an eye on your email for more updates from the National Association for Gun Rights.

For Freedom,

Signature
Dudley Brown
President

Earlier today, Senator Reid unexpectedly filed a "cloture motion" on Barack Obama's Surgeon General nominee, leading anti-gun activist, Vivek Murthy.

Please contact your U.S. Senators right away and urge them to oppose Vivek Murthy. You can reach the capitol switchboard at (202) 224-3121.

Otherwise, you can find more contact options here.

And if you can, please consider chipping in $10 or $20 to help the National Association for Gun Rights warn more liberty-loving gun owners of this, and any other Lame Duck session schemes.



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The National Association for Gun Rights is a nonprofit, nonpartisan, single-purpose citizens' organization dedicated to preserving and protecting the Constitutionally protected right-to-keep-and-bear-arms through an aggressive program designed to mobilize public opposition to anti-gun legislation. The National Association for Gun Rights' mailing address is P.O. Box 7002, Fredericksburg, VA 22404. They can be contacted toll-free at 1-877-405-4570. Its web address is www.NationalGunRights.org

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