Constitutional Carry Just Passed the Senate!!!!!

[Silentweapon338]

So, the "Constitutional Carry", that passed the Senate, is NOT constitutional carry, and is instead a bunch of statist horseshit.

As DT said this morning, it isnt perfect. There is room for some changes to be made, but this was a 12 year long fight to get it here. They are boiling the frog slowly. Slowly we are getting our rights back. I'm with you I want it back tomorrow, and wish some language wasn't in there, but this is a huge improvement in what we had. There are definitely some aspects that need to be fleshed out, and I suspect if they are not fixed in a hurry by the GA they will in fact get reconciled by the courts. With the SC supreme court now beingor will be composed of 5 strong conservatives. There is a good chance someone becomes a test case and they straiten part of this out.

Unfortunately there are some in the LEO community that have been opposed to this. As well as some leftist who some how think this is going to inspire more shootings and we will have the ok coral. They dont think about how many robberies, rapes, and killings will be stopped by this. Course these are the same folks who think government money shouldn't be used for private schools. They think the government just has money. They dont realize the government has to confiscate it from those of us who work. In order to redistribute it.

[Fish]

Okay - one more question. All things equal, i.e., no felonies, not extenuating probable causes - You've got a gun on your person, by holster on your side, you're driving along minding your business, and you get pulled for speeding, what happens?

[Silentweapon338]

That is going to be part of that part I referenced about a test case. I honestly do not know. I think I know the writers intent. I don't know the officer will interpret it that way, and said person may find themself in jail and have a lengthy legal process inferno of them. They may be found not guilty, they may be guilty. I don't know. I guess we will see.

[turbo]

That is going to be part of that part I referenced about a test case. I honestly do not know. I think I know the writers intent. I don't know the officer will interpret it that way, and said person may find themself in jail and have a lengthy legal process inferno of them. They may be found not guilty, they may be guilty. I don't know. I guess we will see.

How is that better than what we had?

Best case, it leads to a constitutionally focused bill. But, don't we already have a constitution with this covered up at the top?

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[Fish]

What would they be charged with?

From the Post & Courrier:
What about in a car? Do drivers still have to keep their guns locked in a glove box?
They do not.

Under the old state law, it was a misdemeanor to have a handgun in the car with you unless it was secured in a closed glove compartment, center console, in the trunk or inside of a secure container.

Concealed carry permit holders could secure their weapons under their seat in a vehicle, in an open or closed container in the vehicle cab or even on their person.

Under the new law, that provision now applies to everyone — though it is still advisable to inform a police officer you are carrying a weapon during a traffic stop.

https://www.postandcourier.com/polit...028b71b07.html

[BuckyTownsend]

Okay - one more question. All things equal, i.e., no felonies, not extenuating probable causes - You've got a gun on your person, by holster on your side, you're driving along minding your business, and you get pulled for speeding, what happens?

If the cop is a dickhead, which I personally believe is the case with most. Then Section below will get you three squares and a cot for three years

Section 16-23-495. (A) A person convicted of committing or attempting to commit a crime involving a concealable weapon, as defined by Section 23-31-210(5), in violation of an offense listed in Chapter 23, Title 16, or a violation of Section 10-11-320, must be imprisoned not to exceed three years. A term of imprisonment imposed for violating this section must be served consecutively to any term of imprisonment imposed for the underlying offense, and may not exceed the actual sentence imposed for the underlying offense.
(B) This section does not apply to a person with a valid permit to carry a concealable weapon issued pursuant to Article 4, Chapter 31, Title 23, provided that the permit was valid at the time the crime was committed.

[Silentweapon338]

I don't have time to go back and find the exact language, but basically the LEO can't use the presence of the firearm as a reason to detain you. However if he/she finds some objective reason (which could be numerous), they can then hit you with a charge of illegal carry. I dont think the GA intended for what will happen. I can see Barney Fifth in Po-Dunk county SC jamming people up left and right with the language.

They had to go back and fix the CWP language almost 10 years ago because 1 cop kept charging women who had CWP's and had the fire arm in their purse but where not wearing the purse while driving with illegal carry. Because at the time it said had to be on person. That has been rectified sense. It was the spirit of the law or intended use when the GA wrote that. But there were many test cases before it got changed.

I can see this one being very similar.

[FULLCHOKE]

I have a question now.

I don’t have a CWP. I’m driving down the road and get pulled over for speeding. He notices my pistol. But I have a pack of Zoom worms in my truck and I’m “coming back from fishing my buddies farm pond”

What happens?

[Fish]

You’re all set, hamskillet. You know, Bill Dance says you can catch bass on any color worm as long as it’s blue.

[Steelin' Ducks]

Ahh, but there is a "list;" it just takes a few steps to get there.

Sent via Galaxy s23 Ultra using Tapatalk

There's not a "list" stop being one of the ones spreading internet gun rumors.

[USMCsilver]

There's not a "list" stop being one of the ones spreading internet gun rumors.

I'm not spreading a rumor; I merely speak from experience.

If there wasn't a "list" located "somewhere," then my guns wouldn't have been traced back to me so easily and so quickly.

Again, if the .gov wants to find out what one owns, they can, PLAIN & SIMPLE. (As long as a 4473 was done, of course.)



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[*Crippler*]

This was sent out LE agencies across the state.

The Constitutional Carry law has been signed in to law by Governor McMaster. Please see the attached talking points provided by SLED that explain important portions of the law. Four major points to share with your staff:



-This law is in effect immediately.



-It allows 18 year olds to carry firearms.



-There are no restrictions of guns inside vehicles. Guns can be stored anywhere inside the vehicle.



-Possession of a firearm alone is NOT reason to stop an individual. To make a stop, there must be reasonable and articuable suspicion a crime has occurred. Your officers cannot stop because of a pistol being worn. There must be another reason.



H. 3594

H. 3594 as adopted by the Conference Committee allows individuals who are not otherwise prohibited from possessing a firearm, to legally possess a firearm without training and without a concealed weapons permit issued by SLED. This legislation leaves in place the CWP program run by SLED for individuals who wish to continue carrying a firearm pursuant to a permit. The CWP would continue to give the individual reciprocity with other recognizing states and makes purchasing a firearm from a dealer easier.

Establishes State Funded Firearms Training Administered by SLED and CWP Instructors

(1) The State Law Enforcement Division shall provide a statewide concealed weapon permit training course that satisfies the proof of training requirement for the issuance of a concealed weapon permit. SLED may not charge participants a fee of any kind for the concealed weapon permit training course provided for in this subsection. SLED may contract with private certified concealed weapon permit training class instructors or local law enforcement to provide the course or SLED itself may provide the course.

(2) The training course must be offered in every county in South Carolina at least twice per month. If demand exceeds the capacity of the training course in any county, SLED shall provide additional classes until there exists a sufficient number of classes offered at least twice a month to meet the demand for training in each respective county. If SLED is unable to contract with a certified concealed weapon permit training class instructor or local law enforcement in any county, SLED must conduct the training class for that county.

(3) This program does not prohibit any certified concealed weapon permit training class instructors from providing their own training classes and charging participants a fee.


Establishes Increased Graduated Penalties for Unlawful Possession/Carry of a Firearm

A person violating the provisions of Section 16-23-20 is guilty of:

(1) a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, for a first offense;

(2) a misdemeanor and, upon conviction, must be imprisoned not more than three years for a second offense; or

(3) a felony and, upon conviction, must be imprisoned not more than five years for a third or subsequent offense.



Establishes Real Felon in Possession of a Firearm with Graduated Mandatory Minimum Penalties



It is unlawful for a person who has been convicted of a crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition within this State.



A person who violates the provisions of this section is guilty of a felony and, upon conviction must be fined not more than two thousand dollars or imprisoned not more than five years, or both.:

(1) for a first offense, must be imprisoned not more than five years;

(2) for a second offense, must be imprisoned for a mandatory minimum of five years, but not more than twenty years; and

(3) for a third or subsequent offense, must be imprisoned for a mandatory minimum of ten years, but not more than thirty years.



Establishes an Increased Penalty for a Person who Commits a Crime Involving a Firearm and Does Not Possess a CWP and Establishes an Informative Statewide Advertising Initiative



(A) A person convicted of committing or attempting to commit a crime involving a concealable weapon, as defined by Section 23-31-210(5), in violation of an offense listed in Chapter 23, Title 16, or a violation of Section 10-11-320, must be imprisoned not to exceed three years. A term of imprisonment imposed for violating this section must be served consecutively to any term of imprisonment imposed for the underlying offense and may not exceed the actual sentence imposed for the underlying offense.

(B) This section does not apply to a person with a valid permit to carry a concealable weapon issued pursuant to Article 4, Chapter 31, Title 23, provided that the permit was valid at the time the crime was committed.

(C) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a concealable weapon without a valid concealed weapon permit during the commission of the crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of the underlying crime.

(D) The State Law Enforcement Division shall develop a document and distribute it to retailers that are federally licensed to engage in the business of dealing in or selling firearms in South Carolina. Such retailers shall provide the document to gun purchasers in South Carolina to inform them that South Carolina law provides a process for gun owners to obtain a concealed weapon permit and allows law-abiding gun owners to carry their weapons without a permit. The document must inform gun purchasers that if a gun owner commits a crime involving a concealable weapon, and the owner does not have a valid concealed weapon permit, then there may be an additional criminal penalty for the underlying offense.

(E) The State Law Enforcement Division must conduct a regular, statewide marketing campaign to inform South Carolinians that South Carolina law provides a process for gun owners to obtain a concealed weapon permit and allows law-abiding gun owners to carry their weapons without a permit. The campaign must inform gun purchasers that if a gun owner commits a crime involving a concealable weapon, and the owner does not have a valid concealed weapon permit, then there may be an additional criminal penalty for the underlying offense.



Establishes a Requirement to Report a Lost or Stolen Firearm



An owner or other person who is lawfully in possession of a firearm, rifle, or shotgun in this State who suffers the loss or theft of such weapon shall report, within ten days of discovery, the loss or theft of each weapon to the appropriate local law enforcement agency, whether local police department or county sheriff's office, which would have appropriate jurisdiction where the weapon is located. In addition, the facts and circumstances of the loss or theft also must be reported to the appropriate law enforcement agency to which the report is made.

[Sportin' Woodies]

I read this whole thread and not one person said they "lost all their guns in a boating accident".

Y'all
Are
Slacking

[turbo]

I read this whole thread and not one person said they "lost all their guns in a boating accident".

Y'all
Are
Slacking

Mine burn't up in kquinn's garage fire.

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[Silentweapon338]

This was sent out LE agencies across the state.

The Constitutional Carry law has been signed in to law by Governor McMaster. Please see the attached talking points provided by SLED that explain important portions of the law. Four major points to share with your staff:



-This law is in effect immediately.



-It allows 18 year olds to carry firearms.



-There are no restrictions of guns inside vehicles. Guns can be stored anywhere inside the vehicle.



-Possession of a firearm alone is NOT reason to stop an individual. To make a stop, there must be reasonable and articuable suspicion a crime has occurred. Your officers cannot stop because of a pistol being worn. There must be another reason.


I'm not sure how an officer is going to see someone sitting in a car driving 55mph down the highway is going to see someone wearing a pistol??

That still leaves the door open to what happens when your driving 65 in the 55 & get stoped for speeding, but then the officer sees the "out line" of the concealed pistol. What happens then? You committed a crime, and have a CW??? Can they then charge you with illegal carry? I suspect this is going to end in a test case.

[Southernduck]

So the gun can be anywhere in your vehicle except in your waistband or pocket unless you have a cwp

[*Crippler*]

Silentweapon, obviously you can't be seen wearing concealed while driving. Seeing someone in public is not reason enough to stop someone.

And your worry of speeding and getting charged with a gun can not happen. Speeding is a title 56 code.

A person convicted of committing or attempting to commit
a crime involving a concealable weapon, as defined by Section 23-31-210(5), in violation of an offense listed in Chapter 23, Title 16, or a violation of Section 10-11-320

[Cwaysvt]

Leave it to SC to make a constitutional right so Daggum complicated no one’s quite sure what it means.

It should have just been CWP no longer required. All previous CWP laws apply the same to anyone carrying a weapon.

In my opinion it’s just a BS bill disguised as constitutional carry so that some republicans in our state can look like they accomplished something.

[Chuck the Duck Slayer]

Mine burn't up in kquinn's garage fire.

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mine to

[Silentweapon338]