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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

The post Correction on South Carolina Open Carry; Confusion of Bill 3094 vs Bill 3096 appeared first on AmmoLand.com.



Source: https://www.ammoland.com/2021/05/correction-on-south-carolina-open-carry-confusion-of-bill-3094-vs-bill-3096/


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