Results 1 to 9 of 9

Thread: SC to copy New Jersey's "gun laws"?

  1. #1
    Regular Member 77zach's Avatar
    Join Date
    Feb 2007
    Location
    Marion County, FL
    Posts
    3,005

    SC to copy New Jersey's "gun laws"?

    http://www.scfirearms.org/


    According to grass roots gun rights, what started off as a constitutional carry bill with problems, has turned into a bill that will require out of state people to get a license to even possess a handgun in SC. Currently, it's legal to have a loaded handgun in a glovebox. According to grass roots, NRA has recommended that this now become illegal without a license also.

    I'm having a difficult time believing this.

  2. #2
    Regular Member 77zach's Avatar
    Join Date
    Feb 2007
    Location
    Marion County, FL
    Posts
    3,005

    Oh my goodness-what has the NRA done? (Viers amendment)

    Section 16-23-20 as amended has stricken the exceptions forbidding carry about the person and replaced it only with the condition that you can't carry a firearm in a prohibited place or with intent to commit a crime. All well and good, progress is progress.

    Then you read that this only applies to SC residents. And because the exceptions have been stricken, nonresidents will not even be able to touch a loaded handgun without SC license or that of a reciprocal state's. It also removes vehicle glovebox carry.

    Am I reading this right? Is the NRA capable of such incredible and deep betrayal of principle?

  3. #3
    Regular Member
    Join Date
    Sep 2008
    Location
    Eastern Panhandle,WV ,
    Posts
    408
    Quote Originally Posted by 77zach View Post
    Section 16-23-20 as amended has stricken the exceptions forbidding carry about the person and replaced it only with the condition that you can't carry a firearm in a prohibited place or with intent to commit a crime. All well and good, progress is progress.

    Then you read that this only applies to SC residents. And because the exceptions have been stricken, nonresidents will not even be able to touch a loaded handgun without SC license or that of a reciprocal state's. It also removes vehicle glovebox carry.

    Am I reading this right? Is the NRA capable of such incredible and deep betrayal of principle?
    Not sure what's going on here but I can tell you they'll have an equal protection problem if residents can carry and non-residents can't.

  4. #4
    Regular Member 77zach's Avatar
    Join Date
    Feb 2007
    Location
    Marion County, FL
    Posts
    3,005
    Just got a return email from the bills main sponsor Mr. Pitts. He says that non residents will need a permit to carry, but unlicensed nonresidents will still be able to have a gun in the glove box or on private property.

  5. #5
    Regular Member Sonora Rebel's Avatar
    Join Date
    Aug 2008
    Location
    Gone
    Posts
    3,958
    Quote Originally Posted by 77zach View Post
    Just got a return email from the bills main sponsor Mr. Pitts. He says that non residents will need a permit to carry, but unlicensed nonresidents will still be able to have a gun in the glove box or on private property.
    That ain't gonna work. Equal protection 'n all that within the borders of SC. AZ has reciprocity w/SC... but this ain't gonna work. They'd better fix it 'fore they sign it. New Jersey has one gun law... 'No Guns'.

  6. #6
    Regular Member 77zach's Avatar
    Join Date
    Feb 2007
    Location
    Marion County, FL
    Posts
    3,005
    Quote Originally Posted by Sonora Rebel View Post
    That ain't gonna work. Equal protection 'n all that within the borders of SC. AZ has reciprocity w/SC... but this ain't gonna work. They'd better fix it 'fore they sign it. New Jersey has one gun law... 'No Guns'.
    I certainly hope you're right, but my mind says no.

  7. #7
    State Researcher
    Join Date
    Jan 2007
    Location
    Lebanon, VA
    Posts
    676
    The Privileges & Immunities Clause of Article IV, 2 of the U.S. Constitution does not permit a state to discriminate against nonresidents regarding the right to carry. Although there are plenty of states that discriminate in the issuance of carry permits and a few (including SC) regarding reciprocity, most have not been called on it. However, it appears Wyoming just passed a "constitutional carry" law that (unlike AK, AZ & VT) does discriminate against nonresidents and SC may follow suit. There is no constitutionally-permissible basis for a state to expressly make the legality of carrying dependent solely on a person's state of residence.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  8. #8
    Regular Member 77zach's Avatar
    Join Date
    Feb 2007
    Location
    Marion County, FL
    Posts
    3,005
    Quote Originally Posted by WVCDL View Post
    The Privileges & Immunities Clause of Article IV, 2 of the U.S. Constitution does not permit a state to discriminate against nonresidents regarding the right to carry. Although there are plenty of states that discriminate in the issuance of carry permits and a few (including SC) regarding reciprocity, most have not been called on it. However, it appears Wyoming just passed a "constitutional carry" law that (unlike AK, AZ & VT) does discriminate against nonresidents and SC may follow suit. There is no constitutionally-permissible basis for a state to expressly make the legality of carrying dependent solely on a person's state of residence.
    We know all restrictions on the peaceful carrying of weapons is foolish, but a provision only letting residents have constitutional carry seems double secret stupid. Do you know what the "logic" on such a restriction is? It's very bizarre.

  9. #9
    Regular Member Gunslinger's Avatar
    Join Date
    Mar 2008
    Location
    Free, Colorado, USA
    Posts
    3,855
    Unless they hear my Yankee accent, how will they know I'm not a Reb who lives there? :>

    Won't stand up to scrutiny. Violates the state Constitution:

    SECTION 3. Privileges and immunities; due process; equal protection of laws.

    The privileges and immunities of citizens of this State and of the United States under this Constitution shall not be abridged, nor shall any person be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. (1970 (56) 2684; 1971 (57) 315.)

    The state constitution adopts the Federal 2A verbatum, as well.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •