South Carolina Reciprocal Conceal Carry Bill About to Pass?

Mr. Designer · Mar 27, 2008

I just saw this. I guess it's up to the governor to sign?
http://www.scstatehouse.net/sess117_2007-2008/bills/3212.htm

AS PASSED BY THE SENATE

March 20, 2008

H. 3212

Introduced by Reps. Delleney, M.A. Pitts, Haley, Crawford, Chellis, G.R. Smith, Owens, Rice, Weeks, Viers, Simrill, Bedingfield, Vick, Duncan, Mulvaney, Stavrinakis, Clemmons and Young

S. Printed 3/20/08--S. [SEC 3/20/08 4:15 PM]

Read the first time March 6, 2007.

A BILL

TO AMEND SECTION 23-31-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.

Amend Title To Conform

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

SECTION 1. Section 23-31-215(N) of the 1976 Code, as last amended by Act 347 of 2006, is further amended to read:

"(N) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity."

SECTION 2. This act takes effect upon approval by the Governor.

Amish_Bill · Mar 27, 2008

Hmmm.... A GA permit would not count, but a FL and UT should...

Mr. Designer · Mar 27, 2008

Amish_Bill said:
Hmmm.... A GA permit would not count, but a FL and UT should...

It would be nice if PA would count but I don't think it will.

hirundo82 · Mar 27, 2008

Amish_Bill, you would not be able to use a nonresident permit according to the text you posted:

SECTION 1. Section 23-31-215(N) of the 1976 Code, as last amended by Act 347 of 2006, is further amended to read:

"(N) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity.

george_co · Mar 27, 2008

I believe Colorado's permit fits the terms of this bill. This is a good thing!

siglite · Mar 27, 2008

We've been following this closely up here in WV, as it will add us as eligible for reciprocity with SC. The moment it's signed, I'll be in contact with our state AG to help that ball roll along. I've been trying to reach the appropriate folks preemptively, with little success thus far. If required, I'll camp out in the AG's office for about a week. They'll see me just to get rid of me if it comes down to that.

strat81 · Mar 27, 2008

So the people of South Carolina have no problem with my concealed weapon in their state, but entire cities in Nebraska do.

Hmmph.

Living in Nebraska truly is like going back in time.

Mannlicher · Mar 27, 2008

passage would be great. SC is the only State near me that I can't carry in.

lacoochee · Mar 27, 2008

Thank the great Gun Maker in the sky, finally South Carolina joins the South in embracing reciprocity!!!

I can stop worrying when I am carrying in downtown Charleston. I figured I was probably okay, since my cousin is on Charleston PD, but I didn't want to really test that theory.

Now they need to start cleaning up their restrictions on where you can carry in South Carolina.

strat81 · Mar 27, 2008

Thank the great Gun Maker in the sky, finally South Carolina joins the South in embracing reciprocity!!!

What did John Browning have to do with this?

Winchester 73 · Mar 27, 2008

Living in Nebraska truly is like going back in time.

To 1984 perhaps?

-terry · Mar 27, 2008

Still rejects CCW's from states that don't require classes (like WA). Got a ways to go yet.

hankdatank1362 · Mar 27, 2008

Maybe now that we're willing to play ball, other states will start recognizing my CCW. Hell, I just recieved a PA non-rez permit (in only 2 weeks) so I could carry in an upcoming trip to GA. MY SC CCW is no good there.

Then... let's lift the whole "no carry in restaurants that serve alcohol" thing. Truth be told, I'd settle for a 51% clause.

F4GIB · Mar 28, 2008

3/26/2008 House Non-concurrence in Senate amendment HJ-34

There is some problem. It's been sent back to the Senate.
Anyone know WHAT the problem is? Likely resolution?

Winchester 73 · Mar 28, 2008

There is some problem. It's been sent back to the Senate.
Anyone know WHAT the problem is? Likely resolution?

If past history is any guide ,SLED is probably the problem.
If it is SLED ,there might not be an immediate resolution.

Guitargod1985 · Mar 28, 2008

passage would be great. SC is the only State near me that I can't carry in.

Yeah, now Floridians can actually drive to Virginia without having to stop before the GA-SC border and after the SC-NC border. Worrying about getting arrested over a concealed weapon charge really sucks.

wdlsguy · Mar 28, 2008

SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
...
(9) a person in a vehicle if the handgun is:

(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance; or

(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;
...
http://www.scstatehouse.net/code/t16c023.htm

rdalrymple · Mar 28, 2008

3/26/2008 House Non-concurrence in Senate amendment HJ-34
There is some problem. It's been sent back to the Senate.
Anyone know WHAT the problem is? Likely resolution?

The bill originated in the house. The senate amended the bill. The house didn't like the amendment.

The bill the house sent to the senate said "Valid out-of-state permits to carry concealable weapons held by a resident of another state must be honored by this State." To say that is a good bill is an understatement.

As posted above, the amended language reads "Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity."

The problem some of us in SC have with this language is the training requirement. It boils down to how the written laws define "proof of training", which is required under section 23-31-215(A)(5) for a SC resident to qualify for a permit. There are six definitions for "Proof of training" in section 23-31-210 (5), one of which is a "course in firearms training and safety". A course in firearms training and safety is further defined in section 23-31-210 (5)(a) and requires said course to be a minimum of 8 hours.

So, just because your state requires a course doesn't mean South Carolina will recognize the course. Plus, South Carolina has at least 5 ways that we can get a permit without such a course. That means, under the current language in the bill, South Carolina would not qualify for reciprocity with herself.

It is my understanding that the bill will go to a joint committee now to try to iron out the language. I doubt it'll make it all the way back to the original house version, but Grassroots Gunrights South Carolina has proposed the following language ...

"Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, the reciprocal state requires an applicant to successfully pass a criminal background check and either 1) any course in firearm training and safety accepted by the reciprocal state, or 2) other proof of training that would be accepted under South Carolina law. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity."

We're trying!

MakAttak · Mar 28, 2008

So the question is, with which states does South Carolina now have reciprocity?

Winchester 73 · Mar 29, 2008

So the question is, with which states does South Carolina now have reciprocity?

AK,AR,AZ,KS,LA,MI,MO,NC,OH,TX,TN AND WY.
Permit holder must be a resident of these states.

http://www.handgunlaw.us/documents/USReciprocity.pdf

Mr. Designer · Mar 30, 2008

rdalrymple said:
Plus, South Carolina has at least 5 ways that we can get a permit without such a course. That means, under the current language in the bill, South Carolina would not qualify for reciprocity with herself.

What are they?

Cacique500 · Mar 30, 2008

The Senate language change in the bill will not help us in Georgia.

If they uphold the residency requirement, that shoots down FL non-res permits.

I'd much rather see the original House language passed...

REB · Mar 30, 2008

Me too, the whole residency requirement is ridiculous anyway. If you a qualified then it shouldn't matter what state you live in.

hardhit777 · Mar 30, 2008

Dang, thats great and all but i live in Ga. and have family in SC. that i visit from time to time and i still wont be able to carry there...... Good start but it leaves something to be desired. Well Ga.s' CC laws needs to be improved as well.

HH

rdalrymple · Mar 31, 2008

What are they?

http://scstatehouse.gov/code/t23c031.htm

(b) an instructor certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns;

(c) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns;

(d) an active duty police handgun instructor;

(e) a person who has a SLED-certified or approved competitive handgun shooting classification; or

(f) a member of the active or reserve military, or a member of the National Guard who has had handgun training in the previous three years.

South Carolina Reciprocal Conceal Carry Bill About to Pass?

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