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Thread: Senate panel OKs bill allowing open gun carrying.

  1. #1
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    Senate panel OKs bill allowing open gun carrying.

    http://www.postandcourier.com/articl...n-gun-carrying

    Supporters of the open-carry bill said it still needs some more work to make sure there aren’t any loopholes. The subcommittee passed an amendment banning all felons from carrying handguns. Currently, only felons convicted of a violent crime are banned from carrying guns under state law. It goes before the Senate Judiciary Committee next month.
    Charleston Police Capt. Brian Ambrose, worry it will make officers’ jobs harder because they will have to wait for someone openly holding a gun to commit a crime before they can confront them. Ambrose said the argument that good people need guns to protect themselves from bad guys is alluring, but too simplistic, Ambrose said.
    Imagine that! CRIME BEFORE CONFRONTATION That is a fine rallying cry. Thanki goodness they've an elite captain of police to illustrate simplistic simpleton.

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    Regular Member OC for ME's Avatar
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    Sen. Shane Martin, R-Spartanburg, told Ambrose that he was disappointed to see law enforcement officials testify against gun rights. “People are here begging for their God-given constitutional rights. Law enforcement testimony should be asking the government to do something. Government has already taken something away that shouldn’t have been taken away,” he said.
    Bravo.

    That fella is gunna receive a check from me and a invite to hunt on my land come deer season.
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    Regular Member fjpro2a's Avatar
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    Suggestion for Brian Ambrose

    With all due respect, Mr. Ambrose should check with the other 35 States or so that do not restrict open carry. If he is sincere, he will find out that 99%, nay, 100% of the feared problems do not happen. In fact, he will find out that life is substantially better for all citizens, and as a bonus, the Constitution will be followed.

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    Regular Member 77zach's Avatar
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    Wow. Sounds like there are a few people in the SC legislature with understanding. Impressive.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Regular Member MKEgal's Avatar
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    The subcommittee passed an amendment banning all felons from carrying handguns.
    Currently, only felons convicted of a violent crime are banned from carrying guns under state law.
    How do they get around federal law, which bans (almost) any felon from possessing a firearm or ammunition?
    Do they (oh, horror!) think that state law is superior to federal law?
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    Quote Originally Posted by MKEgal View Post
    How do they get around federal law, which bans (almost) any felon from possessing a firearm or ammunition?
    Do they (oh, horror!) think that state law is superior to federal law?
    It probably has more to do with who can charge a person. Most states, like my Tennessee, mirror the Federal law on felons. In those states, a felon can be charged by the state, by the Federal government, or both. Currently in SC, only violent felons can be charged for carrying a firearm at the state level or Federal level (at least, if what the previous poster said is true). Ordinary felons can be charged only at the Federal level.

    Probably, SC did not pass this law yet for one of two reasons. One possible reason is that they felt ordinary felons shouldn't be imprisoned at the state level for carrying a firearm, whether due to principle or due to cost issues of housing them in prisons. They might have also figured "I think we'll just let the Feds handle it; we'll leave it alone". The other possible reason is redundancy. Assuming one believes that felons should not be able to carry firearms (I disagree with it for non-violent felons), this law would be needed in a state where some form of carrying without a permit is allowed, whether that form be carried concealed, carried openly on foot, or carried in a car. Since SC generally requires a permit to carry a gun (there's exceptions, inlcuding keeping it in your car's glovebox), and since felons can't get a carry permit, they might have felt that it was a redundant law.

    In theory, a state does not have to pass its own version of a Federal gun control law unless Congress specifically says so (or creates a provision that highly encourages it, such as how our age 21 drinking law was put in by the states due to the threat of losing Federal highway money). But, just because a state doesn't pass a law that mirrors Federal law doesn't absolve a person of the responsibility to follow the Federal law.
    Last edited by Nascar24Glock; 03-21-2013 at 11:52 PM.
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    Regular Member 77zach's Avatar
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    I'm wondering if Constitutional Carry is a con. We recently have Mt, Ut, and SD pass CC only to have the governor veto it. I'm wondering if it's all a show so that some pols can look good while knowing it won't become law.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    If constitutional carry passes in SC and we go to no permit, How are we suppose to carry in other states that require a permit?

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by MKEgal View Post
    How do they get around federal law, which bans (almost) any felon from possessing a firearm or ammunition?
    Do they (oh, horror!) think that state law is superior to federal law?
    Felons are not barred from antique firearms in federal law. As long as SC adopts a OC law that does not exclude felons they will be able to legally carry a cap and ball revolver legally under federal laws. Cap and ball revolvers are also exempt from GFSZA.
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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by UGADawg View Post
    If constitutional carry passes in SC and we go to no permit, How are we suppose to carry in other states that require a permit?
    I assume you will still have a permit as a option. And you can OC in NC without a permit, it does not matter if you are from another state.
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    Regular Member John Canuck's Avatar
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    The bill does not eliminate the permit, it just removes the requirement to have it to carry in SC.

    Even if it did eliminate it, you still have Utah and Florida permits that have better reciprocity around the country anyway.

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by John Canuck View Post
    The bill does not eliminate the permit, it just removes the requirement to have it to carry in SC.

    Even if it did eliminate it, you still have Utah and Florida permits that have better reciprocity around the country anyway.
    I truly hope you are successful, it will be a win for NC as well as SC, as we will be able to open carry in SC. Thank you for your efforts.
    It is well that war is so terrible – otherwise we would grow too fond of it.
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    S. 115 Constitutional Carry Act

    http://www.scstatehouse.gov/sess120_.../bills/115.htm
    B
    e it enacted by the General Assembly of the State of South Carolina:

    SECTION 1. This act may be cited as the "South Carolina Constitutional Carry Act of 2013".

    SECTION 2. Section 16-23-20 of the 1976 Code is amended to read:

    "Section 16-23-20. It is unlawful for anyone to carry about the person any handgun, whether concealed or not,

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    Regular Member John Canuck's Avatar
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    Quote Originally Posted by Nightmare View Post
    http://www.scstatehouse.gov/sess120_.../bills/115.htm


    Be it enacted by the General Assembly of the State of South Carolina:

    SECTION 1. This act may be cited as the "South Carolina Constitutional Carry Act of 2013".

    SECTION 2. Section 16-23-20 of the 1976 Code is amended to read:

    "Section 16-23-20. It is unlawful for anyone to carry about the person any handgun, whether concealed or not,
    Yes, that is what part of the bill says.
    Last edited by John Canuck; 03-23-2013 at 02:44 PM.

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    Quote Originally Posted by John Canuck View Post
    Yes, that is what part of the bill says.
    Does this bill continue when the legislature meets again?

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    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by MKEgal View Post
    How do they get around federal law, which bans (almost) any felon from possessing a firearm or ammunition?
    Do they (oh, horror!) think that state law is superior to federal law?
    Felons are not banned from possessing antique firearms by federal law. I have not read the proposal, but willing to bet that the limitations will include antique firearms. Otherwise felons will be able to open carry BP handguns, even violent felons, which is alright by me as long as they have paid their debt to society.
    It is well that war is so terrible – otherwise we would grow too fond of it.
    Robert E. Lee
    The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth.
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    Not every state bans every federally disqualified person. For instance, Virginia issues to misdemeanor domestic violence convicts. Georgia used to issue carry licenses to felons until about 1980.

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    Regular Member John Canuck's Avatar
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    Quote Originally Posted by Malum Prohibitum View Post
    Does this bill continue when the legislature meets again?
    It does. It's at the bottom of a Commitee calendar. After several weeks of tweaking the language in the bill and re-tweaking it, some of the commitee members grew a little impatient. Someone may have a better feel for the Commitee Chairman, but my gut tells me that it doesn't get a vote this year. I hope I'm wrong.

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