U.S.A. –-(AmmoLand.com)- The South Carolina Open Carry with Permit bill, HB 3094, was amended in the Senate. The House has now concurred in an 83 to 34 vote. The bill will be sent to Governor McMaster, who has indicated he will sign the bill.
South Carolina has been one of only five states which ban the open carry of loaded handguns in most public places. The other four states are: California, Illinois, New York, and Florida.
There have been several serious efforts, including court cases, to restore open carry to Florida. The right to open carry handguns in Florida was lost during the Jim Crow era, in order to disarm black people. In 1941, a judge opined about the passage of an 1893 Florida law:
[T]he Act was passed for the purpose of disarming the negro laborers and to thereby reduce the unlawful homicides that were prevalent in turpentine and saw-mill camps and to give the white .citizens in sparsely settled areas a better feeling of security. The statute was never intended to be applied to the white population. . .
South Carolina HB 3094 is likely to be signed into law in the next week or two. If that happens, only four states will ban the open carry of handguns in most public places.
HB 3094 had amendments added in the Senate to incrementally move toward Constitutional Carry in South Carolina. One of the more important amendments eliminated the $50 fee for a carry permit in South Carolina. When Constitutional Carry bills are considered in the future, the impact on funding will no longer be a consideration.
Another amendment to the bill made South Carolina a Second Amendment sanctuary state. From the bill:
(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.
A third amendment changed the wording of Section 16-23-420. The amendment extends the legal right to store firearms in locked vehicles in secured containers, such as the glove compartment, closed console, trunk, or separately secured closed container on college or university property. The section formerly only applied to people with permits. When HB3094 becomes law, the section will apply to everyone, gaining the right to have a firearm in a vehicle without a permit.
These are significant, incremental steps toward Constitutional Carry in South Carolina.
The passage of HB 3094 will be celebrated by Second Amendment supporters across the United States. It reduces the number of states which flagrantly violate the right to keep and bear arms, by banning the open carry of handguns, from five to four.
There are now 20 states with Constitutional Carry. Four states have already joined the Constitutional Carry club in 2021. Both Texas and Louisiana are in play, and may restore Constitutional Carry this year.
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.
In an email my Representative said an amendment vote during yesterday’s House debate did take place that would have converted the permit bill to constitutional carry, but the amendment was defeated.
This was still a very big win in SC, not the least of which is the Second Amendment sanctuary status. Based on current events, this was a huge win.
My only disappointment is that this was so hard and that for years we were lumped in with California, Illinois, and New York like day old grits.
Dean, you are not correct on Florida open carry. It was traded away in the 1980’s in exchange for concealed carry. Janet Reno was the mastermind of that one! Now its impossible to get back, especially as our great state slowly turns blue.
Yes, I recall that Janet Reno was the mastermind, when the concealed carry permit was passed, in banning open carry statewide in 1987. As I recall, Dade County banned open carry at the time. There may have been other local bans on open carry.
it was due to the drug war that was raging in the streets of dade county, stupid government answer to criminals shooting in malls and on busy streets ,disarm public so crooked cops dont get shot. STUPID worked for dea during that time I remember all the pickup trucks with gun racks in rear window we were actually helped on a few occasions by armed locals when we busted drug houses that had escape ways built in
Carry is carry, open or concealed. I hate to see our ranks divided on such an inconsequential detail.
HLB
“eliminated the $50 fee for a carry permit”
Too late for me. I just paid the $50 on March 1st to renew my CWP which I got in the mail on May 7th., it was issued on April 28th. I’m good for 5 more years.
Only took 59 days. 66 days from the postmark + 2 days to receive it.
Just added South Carolina to my list of possible “move to locations” after I retire.
Nice place. I live about 20 miles Northwest of North Myrtle Beach after moving from Ohio in 2004 with my Wife (RIP).
Just stay in the rural areas, cheaper and with a big enough lot you can shoot in your backyard. With a proper backstop of course.
I don’t remember reading these two amendments you listed in h.3094. I think they were in h.3096. The link you provide is to h.3096. Did they get added to h.3094?
3096 is the Constitutional Carry Act, it was added as an Amendment to 3094 and was rejected by the Senate, 5 republicans voted against it. And now the 2020-2021 session is adjourned so 3096 died sine die.
When I go to the link on the vote, it says H3094.
I had both links open. I see you are correct. The wording in H3094 is similar: 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… Read more »
“A third amendment changed the wording of Section 16-23-420. The amendment extends the legal right to store firearms in locked vehicles in secured containers, such as the glove compartment, closed console, trunk, or separately secured closed container on college or university property. The section formerly only applied to people with permits. When HB3094 becomes law, the section will apply to everyone, gaining the right to have a firearm in a vehicle without a permit.” This is outstanding!!!! I have seen zero mention of this in any of our media in SC. Thank You Dean, for posting this. It is a… Read more »