SC House panel OKs another ‘constitutional carry’ proposal, aiming to loosen open carry gun law
In the wake of another U.S. mass shooting, South Carolina Republican lawmakers are again pushing for the state to join more than 20 other states that allow gun owners to openly carry handguns without a permit or any type of firearms training.
The South Carolina Constitutional Carry/Second Amendment Preservation Act — a bill that would loosen gun laws across the state by eliminating the need for a license to carry a handgun concealed or openly — advanced from the House Judiciary committee on Tuesday in a 16-7 vote along party lines.
The move comes on the heels of a mass shooting this week at Michigan State University, where a gunman killed three people and critically wounded five others before eventually turning the gun on himself.
“The bill does not change who can carry a concealable weapon … if a person can’t carry a weapon now, they won’t be able to carry a weapon under this bill,” said state Rep. Jason Elliott, R-Greenville. The bill “strikes a balance to strengthen our law on who is unlawfully carrying a weapon.”
But Democrats say the bill doesn’t make sense.
“Just in 2023, in the U.S., there have been 67 mass shootings,” said state Rep. Beth Bernstein, D-Richland. Tuesday marked “five years since the Parkland, Fla., shooting, where 17 students and teachers were killed, and we want to be able to put more people out there with guns?
“It makes no sense, people. We have a responsibility to people in South Carolina to help keep them safe,” said Bernstein, adding that gun rights should be centered around responsibility and safety.
The so-called constitutional carry measure — the belief the U.S. Constitution gives gun owners the right to carry without regulation — is resurfacing after a similar measure died in the state Senate in 2021 after clearing the House.
In that year, House Republicans passed two expansive gun law measures, one allowing the open carry of handguns with a permit and one without.
The Senate endorsed open carry with a concealed weapons permit, which is currently law, but previously rejected any form of permitless carry. And it’s currently unclear whether the Senate will take action on the measure this year.
Now, Democrats say Republicans are being hypocritical in their rationale behind supporting the latest proposal, as they say it will likely lead to increased gun violence and greater challenges for law enforcement.
Although law enforcement has historically opposed the measure, they were noticeably silent — and absent — Tuesday, leaving some lawmakers scratching their heads.
“It’s disappointing law enforcement has chosen not to speak against this bill,” said state Rep. Seth Rose, D-Richland. “And then to learn that there are other fractions of the bill that law enforcement has given input on feels disingenuous.”
While State Law Enforcement Division Chief Mark Keel spoke out against constitutional carry when the issue was last debated at the State House, it is unclear whether he currently maintains opposition to the bill.
“One day you want to save lives by stopping abortions. Another day you want to kill people with a firing squad, and now today we’re dealing with the wild wild west,” said Democratic state Rep. John King of York, taking a jab at Republicans and calling them the “bipolar party.”
But Republicans maintained that because the issue is so contentious, it should be debated before the full House.
“I stand for the Constitution, and the Second Amendment says we have the right to bear arms,” said state Rep. Thomas Brittain, R-Horry. “As my constituents are worried about this bill, I move for passage to make sure that those other arguments can be presented to the full body (of the House).”
The bill prescribes a limited number of places where guns are not allowed, including schools, courts and the State House.
To that end, state Rep. Justin Bamberg, D-Bamberg, unsuccessfully offered an amendment to the proposal, arguing that lawmakers shouldn’t tax residents to fund the State House while telling them their guns aren’t welcome there.
“If you are a true Second Amendment believer … you can’t vote against the public carrying up here (at the State House) just because you’re here,” Bamberg, a self-proclaimed Second Amendment advocate, said to his colleagues. “In a Second Amendment state, why would anyone need to put their gun up just to walk across the grass of the State House?”
This story was originally published February 15, 2023 at 9:58 AM with the headline "SC House panel OKs another ‘constitutional carry’ proposal, aiming to loosen open carry gun law."
