Most firearms related bills are concerned with how best to deal with the misuse of firearms by criminals. S. 261 is different. S. 261 is concerned with how to deal with good people carrying concealed self-defense weapons to better protect both the individual and society at large. The best available research shows that when good people carry concealed weapons there is a decrease in violent crime
Concealed weapon permit holders are a special group of the most law-abiding people in SC. They must submit to and pass FBI fingerprint checks, undergo and pass both federal and state background checks, obtain a favorable recommendation from the local sheriff, sit through SLED-approved classroom instruction, pass a SLED written test to prove knowledge of the laws regarding self-defense and lethal force, and finally pass a SLED-approved firearms competency test at the shooting range. South Carolina concealed weapon permit holders are the proven good guys, not the criminal element. Please keep this in mind when considering the proposed changes in S. 261.
S. 261 accomplishes five major goals. First, S. 261 takes existing SC law and makes technical changes to prevent the legislative entrapment of otherwise law abiding citizens. Second, S. 261 reforms existing law to embrace the best available research regarding good people carrying concealed weapons. Third, S. 261 brings existing law into line with federal law. Fourth, S. 261 reforms existing law to eliminate unconstitutional provisions. Fifth, S. 261 ensures fair and adequate notice to concealed weapon permit holders with a self-defense weapon that their armed presence is prohibited.
GOAL 1: Preventing Legislative Entrapment
Several members of the Senate subcommittee expressed the opinion that §16-23-20(9) of SC law allowed a person to carry a self-defense firearm in his closed glove compartment, closed console, or closed trunk virtually anywhere in South Carolina. However, at that meeting Capt. Joe Dorton of SLED stated that a person with a firearm in the closed glove compartment, closed console, or closed trunk while in the parking lot of a highway rest area, the parking lot of a publicly owned building, the parking lot of a private or public school, or the parking lot of a business that sells alcoholic beverages for on-premises consumption (including a nice restaurant) would be committing a crime. The Attorney General's office has issued a non-binding informal opinion with a different view.
South Carolina law should be clear as to what constitutes a crime. If it is not, innocent people could be charge for inadvertent violations. S. 261 does much to make existing law clear. SLED does not oppose any of the provisions in S. 261.
GOAL 2: Embracing the Best Available Research
The best available research shows that virtually all public mass murders now occur in areas where CWP holders are prohibited from carrying self-defense weapons, e.g., schools and publicly owned buildings. Authorizing permittees to carry in as many places as possible benefits everyone. The SC CWP law contains a list of places where a CWP does not authorize a permittee to carry. Unless there is a good reason to prohibit CWP carry in a particular place (e.g., prisons, jails, police stations, etc.) that place should be removed from the list. S. 261 eliminates many of those places from the list.
GOAL 3: SC Law vs. Federal Law
Federal law does not prohibit all firearms from schools. Federal law excepts both armed law enforcement officers and CWP holders from the "Gun Free School Zones" law. S. 261 would have SC law do likewise.
GOAL 4: Eliminating Unconstitutional Provisions
S. 261 would eliminate an unconstitutional provisions in the CWP law-the one-year SC residency prerequisite. The U.S. Supreme Court held that for a state to require a one-year residency to qualify for welfare benefits violated one's right to travel freely (Shapiro v. Thompson, 394 U.S. 618, 1969). If the unenumerated constitutional right to travel is protected against a one-year residency requirement, surely the enumerated constitutional right to keep and bear arms is protected also.
GOAL 5: Providing Fair and Adequate Notice of a Crime
S. 261 would require standardized, clearly visible signs at places that are posted against CWP carry. Current law does not stipulate clearly how and where such places must be posted. Inadequate posting could unfairly subject a permittee to prosecution for an inadvertent violation.
S. 261 is divided into nine sections:
Section 1
This section would amend Section 10-11-320 to clearly provide that a person may possess a pistol in the closed glove compartment, closed console, or closed trunk of a vehicle, even if the vehicle is on the capitol grounds. This change is recommended to protect members of the General Assembly and others from prosecution for parking in the parking garage on the capitol grounds. CWP holders would be allowed to carry on capitol grounds and into the capitol.
Section 2
This section would amend Section 16-23-20(9) to provide that if a person carrying a pistol pursuant to this subsection opens a closed glove compartment, console, or trunk to retrieve paperwork requested by a police officer, he has not violated the law. Senator Reese, the primary sponsor of this bill, reported that such an occurrence happened in his district.
This section also would amend Section 16-23-20 so that law enforcement officers may carry firearms anywhere within the state, that off-duty law enforcement officers from out of state may carry in SC, and that retired and previously commissioned law enforcement officers who successfully complete a SLED-approved firearm certification program annually may carry in SC.
Section 3
This section would amend Section 16-23-420.
Subsection "A" would be amended to eliminate the prohibition on possessing a firearm on the land surrounding a publicly owned building. The prohibition of carrying a firearm into a publicly owned building would be left intact. This change would allow possession of a pistol secured in a closed glove compartment, closed console, or closed trunk on the premises of a publicly owned building (e.g., government office buildings or rest areas).
Subsection "D" would be amended to except CWP holders from this section of law and to remove the discriminatory requirement that a student be married to qualify for an exemption. Federal law excepts SC CWP holders from the prohibition of possessing a firearm on school property. This section brings SC law into line with federal law.
Some might argue there should be no exceptions to the "zero tolerance" policy against guns in schools, but that ignores the obvious. Law enforcement officers who openly carry guns are already excepted. In addition, more and more schools are requesting that armed law enforcement officers be stationed at schools in an attempt to better protect our children. These requests concede that more guns in schools provide a safer school for children. CWP holders with concealed weapons help provide additional safety for our children at no cost to tax payers.
A school's "zero tolerance" policy is aimed at immature students. This section of law currently does not discern between adult CWP holders and children. Children illegally in possession of a pistol in school are a legitimate safety concern. Adult CWP holders with hidden self-defense weapons are not.
Federal law acknowledges the differences between immature students and legally licensed adult CWP holders. So should South Carolina law. Israel used to have problems with terrorists attacking children in schools. Israel learned that good people with guns in schools was all that was needed to stop the attacks upon their children. Prohibiting CWP holders from possessing hidden self-defense weapons does not increase students' safety. Instead, it increases students' risk by making it impossible for a CWP holder to defend himself or others at a school.
Subsection "F" would be added to provide that rest areas and state parks not be posted against the carrying of concealed weapons by CWP holders. South Carolina has had problems with crime at rest areas. The SC Department of Transportation's response to crime at rest areas was to close rest areas without rest room facilities, forcing fatigued drivers to keep driving. Allowing CWP holders to carry at rest areas is a better alternative.
Subsection "G" would be added to provide that a person would be allowed to possess a pistol in the closed glove compartment, closed console, or closed trunk of a vehicle on the premises or property of a school or publicly owned building. This change would benefit faculty, staff, adult students, and other adults who park in school, college, and university parking lots and those who pick up and drop off their children at school. This change would also benefit any adult who goes to a public building for any lawful purpose.
Section 4
This section would amend Section 16-23-430 which prohibits weapons on school property.
Subsection "A" would be amended to except a CWP holder carrying a concealed handgun from this section of law.
Subsection "C" would be added to allow a person to possess a pistol secured in the closed glove compartment, closed console, or closed trunk of a vehicle on the property of an elementary or secondary school.
Section 5
Section 16-23-465 would be amended to provide that a person may possess a firearm in the closed glove compartment, closed console, or closed trunk of a vehicle on the premises of a business which sells alcoholic beverages for on-premises consumption.
Section 6
Section 23-31-210(1) would be amended to change the definition of South Carolina resident to: "an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders."
Section 7
Amends Section 23-31-215.
Subsection "A" would be amended so that instead of three one-inch by one-inch photos, CWP applicants need submit only "one current full face photograph … not smaller than one inch by one inch nor larger than three inches by five inches." This subsection also would be amended to allow a person who cannot submit a complete set of fingerprints due to medical condition to obtain a CWP if all other requirements are met.
Subsection "F" would be amended to eliminate the unconstitutional one-year residency requirement to obtain a CWP. Moreover, since applicants must pass an FBI fingerprint check and a law enforcement background check, the one-year residency requirement accomplished little.
Subsection "K" would be amended to require a CWP holder to identify himself as such and to produce his CWP for a law enforcement officer only if he is carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23. This would change existing law so that CWP holders would be treated the same as any other person when not carrying a concealable weapon.
Subsection "M" would be amended to eliminate most of the listed places in which a CWP does not authorize the permittee to carry a concealable weapon.The changes recommended in subsection "M" will not allow CWP holders to carry concealable weapons onto private property if the owner or person in control of that property does not want concealable weapons on the property.
Subsections "P" and "Q" would be amended to match the changes regarding required photographs and fingerprints proposed for initial CWP applications and apply them to renewal applications, too. (See paragraph about "subsection 'A'" above.)
Subsection "S" would be added to require a CWP holder who moves out of South Carolina to surrender his CWP to SLED and to provide that such CWP is null and void. This subsection was requested by SLED.
Section 8
This section would amend Section 23-31-235 to require the standardization of the size, placement, and content of signs posted to prohibit the carrying of concealable weapons onto property. Standardized signage would give fair and adequate notice to a CWP holder that his armed presence is prohibited.
Section 9
This section would amend Section 51-3-145(G) to except CWP holders from the prohibition of possessing a firearm in any park or facility under the jurisdiction of the Department of Parks, Recreation, and Tourism (PRT). Hunters may have firearms in designated Game Management areas and other areas designated for the use of firearms. This change would allow CWP holders to possess self-defense weapons in wilderness areas and other property under the control of PRT. PRT does not oppose this change.
Section 51-3-145(G) also would be amended to allow one to possess a firearm in the closed glove compartment, closed console, or closed trunk of a vehicle on property under the control of PRT.