Right-to-Carry Reform Bill Introduced - Page 2
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Thread: Right-to-Carry Reform Bill Introduced

  1. #11
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    Quote Originally Posted by kudzu View Post
    Help me with your reasoning. I don't doubt what you are saying, I just don't see how you get there from the portion of the proposed statute cited.

    If you are pinning it on: "...whether concealed or not...," it seems to me that that could cut both ways.

    BTW, my interest is purely academic, the only interest I have in OC is the principle that the Second Amendment means exactly and literally what it says. I have no need/desire to OC.
    Section 16-23-20. It is unlawful for anyone to carry about the person any handgun, whether concealed or not, with the intent to use it unlawfully against another person. The intent to use a handgun unlawfully against another person shall not be inferred from the mere possession, carrying, or concealment of a loaded or unloaded handgun.
    Under this I read as long as you are not carrying, OC, for unlawful reasons then it's not unlawful to OC also if CC was the only option then carrying wouldn't be in there. My head is still spinning after reading through it again. All I can say is some new lawyer just out of school wrote this for the Sponsor.

    It's also stated this way in this section: This being the first draft there is no way we can really know the real intent of these sections. Hopefully it will be revised in more concise language!

    "Section 16-23-460. (A) A person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person with the intent to use the weapon in furtherance of a crime is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality, the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days. The intent to use a weapon in furtherance of a crime shall not be inferred by the mere possession, carrying, or concealment of the weapon, including the possession, carrying or concealment of a loaded or unloaded firearm.
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

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  3. #12
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    Lets hope this will be meaningful reform, especially to OC. I for one WOULD like the option. Gotta follow up with my State Rep. House Seat 102 .
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  4. #13
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    Quote Originally Posted by Red Hat View Post
    After reading it again I think 16-23-20 is allowing OC.
    That was my take away on the bill as well.

    Anybody know what the chatter is concerning this subject on Opencarry.org?

  5. #14
    Quote Originally Posted by tcox4freedom View Post
    That was my take away on the bill as well.

    Anybody know what the chatter is concerning this subject on Opencarry.org?
    Not much

    http://forum.opencarry.org/forums/showthread.php?85480-Is-SC-considering-Constitutional-Carry

  6. #15
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    I add to all that live in SC, please be proactive and write your Rep and Senator. NOT SURE ??? South Carolina Legislature Online
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  7. #16
    I tried to study this bill and understand it today and from what I see so far is that there is zero chance of it passing in its present form and that is good. Really I have never seen any bill as confusing and screwed up as this one. For starters it says that except in subsection C and there is no subsection C that I can find. To me the bill then gets worse. I have no idea how or if it will ever come out of subcommitte (hasn't even made it that far yet) but if it ever gets to the house floor it will not be close to this version.

    This is not to say that the bill is doomed or will not be acted on but before any vote is taken on this bill it will be completely rewritten into a legible form. Remember that they have until May 2012 to act on it so don't be surprised if no action at all is taken this year.

    Also remember that a similar bill was filed last session and never made it to subcommittee. This time I think it will be considered but it is a long way from being law right now.

  8. #17
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    Quote Originally Posted by Red Hat View Post
    Under this I read as long as you are not carrying, OC, for unlawful reasons then it's not unlawful to OC...
    OK, I see where you're coming from. There does appear to be a hole there. Is it intentional? Will it stand? I certainly don't know.
    The Founders Got It Right - Back To The Constitution
    NRA (Life) - GOA (Life) - NAGR - GOSC (Life) - GrassRoots GunRights SC

  9. #18
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    Sep 2007
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    Johns Island, SC
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    Hopefully, we will get more reciprocity with more states, despite the fact that SC requires a didactic course. I am also hopeful for restaurant carry. OC, hmmmm...don't know about that yet(doubt it would pass anyway). Maybe our new governor will give the new proposals the jumpstart it needs since she is a CWP'er herself.

  10. #19
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    Quote Originally Posted by Hubs View Post
    Hopefully, we will get more reciprocity with more states...
    Hopefully we won't. Reciprocity requires both states to enter into an agreement to accept the other states permit. Some states currently won't accept our CWP only because we won't accept theirs, normally because their training does meet South Carolina's standards. Reciprocity can be cancelled at any time.

    What we want is recognition. This is how drivers licenses work. If you're licensed to drive in one state, you can legally drive in any other state as long as you follow their laws. Much easier and much more encompassing.


    Quote Originally Posted by Hubs View Post
    ... Maybe our new governor will give the new proposals the jumpstart it needs since she is a CWP'er herself.
    Gov Haley will sign any pro-gun bill that comes across her desk. We just need to ensure the right bills get to her. H.3292, with a few tweaks, just might be that bill. Unfortunately, she has her hands full with more pressing matters so I doubt she'll be leading the way in the gun rights arena.
    "I believe we should achieve a national standard on gun control, and that standard should be none whatsoever."

  11. #20
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    Looks good. If it makes it past the house it will be interesting to see where mrs. Haley stands on the issue.

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