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H 3594 - Enacts the SC Constitutional Carry/Second Amendment Preservation Act of 2023

Tracking Level: Of Interest
Sponsor: Bobby Cox
Last Action: 2/27/2024 - Senate - Conference committee appointed Hutto, Massey, Martin
House Committee: Judy
Senate Committee: Judy
Assigned To:
Public SafetyNext Bill

Staff Analysis of the Legislation

02.14.2023 The House Judiciary Committee gave this bill a favorable report as amended. The amendment adds mandatory minimum sentences for the amount of time loss to carry for violations of the bill. The amendment also includes an expungement provision, maintains authority of private detectives to carry and allows clerks of court to carry. 
02.08.2023 The House Judiciary General Laws subcommittee gave this bill a favorable report as amended. The amendment addresses unlawful possession of a firearm.
Summary of the bill as introduced: Allows anyone to carry a handgun, whether concealed or not, without a permit.

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Session 125 - (2023-2024)Printer Friendly
(pdf format)
H 3594 General Bill, By B.J. Cox, G.M. Smith, Lowe, Wooten, Hiott, Bailey, Beach, Burns, Caskey, Crawford, Cromer, Elliott, Forrest, Haddon, Hardee, Hixon, Hyde, Jordan, Ligon, Long, Magnuson, May, McCabe, McCravy, A.M. Morgan, T.A. Morgan, T. Moore, B. Newton, Nutt, Oremus, M.M. Smith, S. Jones, Taylor, Thayer, Trantham, Willis, Yow, West, Lawson, Chapman, Chumley, Leber, Mitchell, Pace, Harris, O'Neal, Kilmartin, Murphy, Brewer, Robbins, Hager, Sandifer, Connell, Gilliam, Davis, B.L. Cox, Vaughan, White, Collins, J.E. Johnson, Gagnon, Gibson, W. Newton, Bustos, Herbkersman, Landing, Moss, Pope and Guest
Similar (S 0109, H 3612)
Summary: Constitutional Carry
    A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2023" BY AMENDING SECTION 10-11-320, RELATING TO CARRYING OR DISCHARGING FIREARMS AND EXCEPTIONS FOR CONCEALABLE WEAPONS PERMIT HOLDERS, SO AS TO DELETE A PROVISION THAT MAKES THIS SECTION INAPPLICABLE TO PERSONS THAT POSSESS CONCEALABLE WEAPONS PERMITS AND TO PROVIDE THIS SECTION DOES NOT APPLY TO PERSONS WHO POSSESS FIREARMS; BY AMENDING SECTION 16-23-20, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO REVISE THE PLACES WHERE AND CIRCUMSTANCES UPON WHICH HANDGUNS MAY BE CARRIED, AND PERSONS WHO MAY CARRY HANDGUNS; BY AMENDING SECTION 16-23-50, RELATING TO CERTAIN PENALTIES, DISPOSITION OF FINES, AND FORFEITURE AND DISPOSITION OF HANDGUNS, SO AS TO PROVIDE EXCEPTIONS TO THE UNLAWFUL CARRYING OF HANDGUNS; BY AMENDING SECTION 16-23-55, RELATING TO PROCEDURES FOR RETURNING FOUND HANDGUNS, SO AS TO DELETE THE PROVISION RELATING TO FILING APPLICATIONS TO OBTAIN FOUND HANDGUNS, AND PROVIDE CIRCUMSTANCES THAT ALLOW LAW ENFORCEMENT AGENCIES TO MAINTAIN POSSESSION OR DISPOSE OF FOUND HANDGUNS; BY AMENDING SECTION 16-23-420, RELATING TO POSSESSION OF FIREARMS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION, AND DELETE THE TERM "WEAPON" AND REPLACE IT WITH THE TERM "FIREARM"; BY AMENDING SECTION 16-23-430, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THIS PROVISION; BY AMENDING SECTION 16-23-465, RELATING TO THE ADDITIONAL PENALTIES FOR UNLAWFULLY CARRYING PISTOLS OR FIREARMS ONTO PREMISES OF BUSINESSES SELLING ALCOHOLIC LIQUOR, BEER, OR WINE FOR ON-PREMISES CONSUMPTION, SO AS TO PROVIDE THIS PROVISION DOES NOT APPLY TO CERTAIN OFFENSES THAT PROHIBIT PERSONS FROM CARRYING CERTAIN DEADLY WEAPONS, TO PROVIDE THIS PROVISION APPLIES TO PERSONS WHO KNOWINGLY CARRY CERTAIN FIREARMS, TO DELETE THE PROVISION THAT EXEMPTS PERSONS WHO POSSESS CONCEALED WEAPON PERMITS FROM THE PROVISIONS OF THIS SECTION, AND TO PROVIDE PERSONS LAWFULLY CARRYING FIREARMS WHO DO NOT CONSUME ALCOHOLIC BEVERAGES ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION; BY AMENDING SECTION 23-31-215, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO DELETE THE PROVISIONS REQUIRING PERMIT HOLDERS TO CARRY PERMITS WHILE CARRYING WEAPONS AND IDENTIFYING THEMSELVES AS PERMIT HOLDERS TO LAW ENFORCEMENT OFFICERS, TO REVISE THE REQUIREMENTS TO REPORT THE LOSSES OF PERMITS TO SLED, TO REVISE THE PREMISES UPON WHICH PERMIT HOLDERS MUST NOT CARRY WEAPONS, TO PROVIDE ADDITIONAL PENALTIES FOR CERTAIN VIOLATIONS, TO REVISE THE PROVISION THAT PROVIDES EXEMPTIONS TO CARRYING PERMITS, AND TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS; BY AMENDING SECTION 23-31-220, RELATING TO THE RIGHT TO ALLOW OR PERMIT CONCEALED WEAPONS UPON PREMISES AND THE POSTING OF SIGNS PROHIBITING THE CARRYING OF WEAPONS, SO AS TO MAKE TECHNICAL CHANGES, THAT PERSONS MUST KNOWINGLY VIOLATE THE PROVISIONS OF THIS SECTION TO BE CHARGED WITH A VIOLATION, AND TO PROVIDE THIS SECTION DOES NOT LIMIT PERSONS FROM CARRYING CERTAIN WEAPONS IN STATE PARKS; BY AMENDING SECTION 23-31-232, RELATING TO CARRYING CONCEALABLE WEAPONS ON PREMISES OF CERTAIN SCHOOLS LEASED BY CHURCHES, SO AS TO PROVIDE APPROPRIATE CHURCH OFFICIALS OR GOVERNING BODIES MAY ALLOW ANY PERSON TO CARRY A CONCEALABLE WEAPON ON THE LEASED PREMISES; BY AMENDING SECTION 23-31-235, RELATING TO CONCEALABLE WEAPON SIGN REQUIREMENTS, SO AS TO PROVIDE THE SIGNS MUST BE POSTED AT LOCATIONS WHERE THE CARRYING OF CONCEALABLE WEAPONS ARE PROHIBITED; BY AMENDING SECTION 23-31-600, RELATING TO RETIRED PERSONNEL, IDENTIFICATION CARDS, AND QUALIFICATIONS FOR CARRYING CONCEALED WEAPONS, SO AS TO MAKE A TECHNICAL CHANGE; BY REPEALING SECTIONS 16-23-460, 23-31-225, AND 23-31-230, RELATING TO THE CARRYING OF WEAPONS BY INDIVIDUALS ON THEIR PERSON, INTO RESIDENCES OR DWELLINGS, OR BETWEEN A MOTOR VEHICLE AND A RENTED ACCOMMODATION; AND BY AMENDING SECTION 16-23-500, RELATING TO UNLAWFUL POSSESSION OF FIREARMS BY PERSONS CONVICTED OF VIOLENT OFFENSES, THE CONFISCATION OF CERTAIN WEAPONS, AND THE RETURN OF FIREARMS TO INNOCENT OWNERS, SO AS TO REVISE THE LIST OF CRIMES SUBJECT TO THIS PROVISION AND THE PENALTIES ASSOCIATED WITH VIOLATIONS, AND TO DEFINE THE TERM "CRIME PUNISHABLE BY A MAXIMUM TERM OF IMPRISONMENT OF MORE THAN ONE YEAR".
View full text          View Vote History          View Fiscal Impact
12/15/22House Prefiled
12/15/22House Referred to Committee on Judiciary
01/10/23House Introduced and read first time (House Journal-page 222)
01/10/23House Referred to Committee on Judiciary (House Journal-page 222)
01/12/23House Member(s) request name added as sponsor: O'Neal, Kilmartin, Murphy, Brewer, Robbins, Hager, Sandifer, Connell
01/18/23House Member(s) request name added as sponsor: Gilliam, Davis, B.L.Cox
01/19/23House Member(s) request name added as sponsor: Vaughan, White, Collins, J.E.Johnson, Gagnon
01/31/23House Member(s) request name added as sponsor: Gibson
02/07/23House Member(s) request name added as sponsor: W.Newton
02/08/23House Member(s) request name added as sponsor: Bustos
02/09/23House Member(s) request name added as sponsor: Herbkersman, Landing
02/16/23House Member(s) request name added as sponsor: Moss
02/16/23House Committee report: Favorable with amendment Judiciary (House Journal-page 2)
02/21/23House Member(s) request name added as sponsor: Pope, Guest
02/21/23House Requests for debate-Rep(s). Hiott, Forrest, Pope, Felder, T Moore, Nutt, McCravy, Magnuson, Harris, B Newton, Carter, Taylor, Beach, Cromer, Hewitt, Robbins, Hart, Brewer, Murphy, May, Killmartin, Wetmore, JL Johnson, Wheeler, Weeks, King, Guest, Gilliard (House Journal-page 14)
02/22/23House Amended (House Journal-page 12)
02/22/23House Read second time (House Journal-page 32)
02/22/23House Roll call Yeas-90 Nays-30 (House Journal-page 56)
02/23/23House Amended (House Journal-page 24)
02/23/23House Read third time and sent to Senate (House Journal-page 24)
02/23/23House Roll call Yeas-87 Nays-26 (House Journal-page 27)
02/24/23 Scrivener's error corrected
02/28/23Senate Introduced and read first time (Senate Journal-page 6)
02/28/23Senate Referred to Committee on Judiciary (Senate Journal-page 6)
05/09/23Senate Recalled from Committee on Judiciary (Senate Journal-page 94)
05/09/23Senate Roll call Ayes-24 Nays-18 (Senate Journal-page 94)
05/11/23 Scrivener's error corrected
01/23/24Senate Made Adjourned Debate (Senate Journal-page 14)
01/23/24Senate Roll call Ayes-27 Nays-17 (Senate Journal-page 14)
01/24/24Senate Debate interrupted (Senate Journal-page 18)
01/25/24Senate Debate interrupted (Senate Journal-page 18)
01/30/24Senate Amended (Senate Journal-page 25)
01/30/24Senate Read second time (Senate Journal-page 25)
01/30/24Senate Debate interrupted (Senate Journal-page 25)
01/31/24 Scrivener's error corrected
01/31/24Senate Amended (Senate Journal-page 21)
01/31/24Senate Debate interrupted (Senate Journal-page 21)
02/01/24Senate Amended (Senate Journal-page 24)
02/01/24Senate Read third time and returned to House with amendments (Senate Journal-page 24)
02/01/24Senate Roll call Ayes-28 Nays-15 (Senate Journal-page 24)
02/02/24 Scrivener's error corrected
02/08/24House Debate adjourned until Tues., 2-13-24 (House Journal-page 13)
02/13/24House Senate amendment amended (House Journal-page 15)
02/13/24House Roll call Yeas-85 Nays-26 (House Journal-page 33)
02/13/24House Returned to Senate with amendments (House Journal-page 15)
02/14/24Senate Non-concurrence in House amendment (Senate Journal-page 14)
02/15/24House House insists upon amendment and conference committee appointed Reps. Caskey, BJ Cox, Bamberg (House Journal-page 2)
02/22/24 Scrivener's error corrected
02/27/24Senate Conference committee appointed Hutto, Massey, Martin (Senate Journal-page 10)



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