Correction on South Carolina Open Carry; Confusion of Bill 3094 vs Bill 3096

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South Carolina is inching closer to allowing open carry for CWP holders. IMG NRA-ILA

U.S.A.-(AmmoLand.com)- In an article published on 13 May, at AmmoLand, there was a mistake made about the Second Amendment sanctuary provision of H3094. Both bills, H3094 and H3096, were available on the South Carolina website. Both had Second Amendment sanctuary provisions. The author had both bills open on his computer.  Here is the H3094 (open carry with training) provision:

SECTION    9.    A.    Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:

“Section 23-31-250.    (A)    The State of South Carolina, and its political subdivisions, cannot be compelled by the federal government to take any legislative or executive action to implement or enforce a federal law, treaty, executive order, rule, or regulation related to an individual’s right to keep and bear arms enshrined in the Second Amendment to the United States Constitution that limits or proscribes carrying concealable weapons, whether concealed or openly carried, as provided in this chapter.

(B)    Any federal law, treaty, executive order, rule, or regulation related to limiting or proscribing the carry of concealable weapons must be evaluated by the Attorney General. The Attorney General shall issue a written opinion of whether the law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A).

(C)    If the Attorney General renders an opinion that a federal law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A), then:

(1)    no public funds of this State, or any political subdivision of this State, shall be allocated for the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation;

(2)    no personnel or property of this State, or any political subdivision of this State, shall be allocated to the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation; and

(3)    no official, agent, or employee of the State of South Carolina, or any political subdivision of it, shall implement, attempt to implement, enforce, or attempt to enforce that federal law, treaty, executive order, rule, or regulation.”

B.    This SECTION takes effect upon approval by the Governor.

Instead of the above provision, the Second Amendment sanctuary paragraphs from H3096 (Constitutional Carry), and the link to H3096 were included in the article about H3094. While the provisions are similar, they are not identical.  Here are the provisions of H3096, which were mistakenly included in the article about H3094:

(1)    no public funds of this State, or any political subdivision of this State, shall be allocated for the implementation, regulation, or enforcement of any executive order, or directive issued by the President of the United States or an act of the United States Congress that contradicts the provisions of this act relating to Constitutional Carry, or that otherwise regulates the ownership, use, or possession of firearms, ammunition, or firearm accessories if passed after January 1, 2021; and

(2)    no personnel or property of this State, or any political subdivision of this State, shall be allocated to the implementation, regulation, or enforcement of any executive order, or directive issued by the President of the United States that contradicts the provisions of this act relating to Constitutional Carry, or that regulates the ownership, use, or possession of firearms, ammunitions, or firearm accessories if passed after January 1, 2021.

An attempt was made to substitute H3096 as an amendment to H3094, but it was not successful.

The author regrets the error.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Ryben Flynn
Ryben Flynn
5 months ago

H.3096 is/was the Constitutional Carry Act and was offered as an Amendment to H.3094. It was rejected because the permit requirement was eliminated to carry concealed or open. Our Legislators, including 6 Republicans voted against it. Including the Senator from my District. I admonished him for it and never heard back. I will remember next time he is up for re-election and vote for his Republican opponent in the Primary, should there be one.
H.3096 may be reintroduced in the 2021-2022 Session. For now it’s sine die.

Last edited 5 months ago by Ryben Flynn
Grigori
Grigori
5 months ago
Reply to  Ryben Flynn

Unfortunately, challengers to these RINO scumboli are often weak or non-existent. That often leaves us with a less desireable choice, whether to vote for the backstabbing RINO and reward him or her for their disloyalty with yet another term, or cut your nose off to spite your face and vote for the Democrat. My nose has a lot of scars around it, where it attaches to my face as I am not going to vote anymore for a traitor just because they have an “R” beside their name. If my elected representation is going to vote like a Democrat, then… Read more »

Grigori
Grigori
5 months ago
Reply to  Grigori

I take it by the downvotes that you halfwits are content to just keep rewarding the traitor RINO’s with additional terms because of the “R” by their name. You do know the definition of insanity, don’t you?

Grigori
Grigori
5 months ago
Reply to  Grigori

Thank You, Will! I am glad at least one other person gets it.

Sherra
Sherra
5 months ago
Reply to  Ryben Flynn

After expressing my displeasure about her vote on the CC amendment to 2094, one of the senators from my county unfriend me from her personal Facebook and my comments “hidden” from her public-facing page and initially banned from said page…until she got the riot act read to her about how elected officials can’t, by law, ban people from their public-facing pages or censor their comments. Prior to all that, she scrubbed EVERYTHING 2A or gun-related from both her personal profile and her public page. (You know, the stuff where she bragged about being pro-2A.) About 2 hours after I got… Read more »