SC lawmakers want to loosen gun rules. Here’s what’s holding it up

The ability to carry a gun without a permit in South Carolina still has multiple hurdles to cross before becoming law. While some Republicans echo the necessity for its passage, it is unclear what version, if any, will be sent to the governor’s desk.

It’s now left up to six lawmakers to negotiate a solution to be approved by the general body.

The conference committee of Rep. Micah Caskey, Rep. Bobby Cox, Rep. Justin Bamberg, Sen. Brad Hutto, Sen. Shane Massey and Sen. Shane Martin spent 15 minutes Tuesday listing the bill’s differences between the Senate and House versions, and discussing their concerns and aspirations for the bill.

The bill moved to conference after the House rejected the Senate’s amended version in February. The House reverted it to its original version.

Here’s the major differences being discussed in conference.

1. Active members of the general assembly can carry anywhere in the state

This Senate amendment caused uproar by some House Republicans who said the proposal creates an unfair stipulation for elected officials.

Some House Republicans have questioned whether this amendment was proposed to ensure the bill didn’t pass. But Sen. Gerald Malloy, the amendment’s sponsor, said there was no such intent. The Senate approved it with a voice vote, but Senator’s Thomas Corbin, Wes Climer, Tom Young and Josh Kimbrell desired to be recorded as voting against the amendment. Senators Massey, Michael Johnson, Brian Adams, Sean Bennett, Thomas Alexander and Ross Turner also voted no.

2. Penalties for concealed carry without a CWP

Massey’s amendment would add an extra penalty for anyone carrying a concealed weapon without a CWP. This measure was not supported by some House Republicans who say it creates different “classes” or types of gun owners.

3. Open carry is not reasonable suspicion for probable cause

This Senate amendment establishes that police don’t have reasonable cause to search, detain or arrest people just because they are openly carrying a weapon.

4. Free permit training courses to be offered in each county

This was another part of an amendment Massey proposed. The free training program would be available twice monthly in every county, put on by South Carolina Law Enforcement Division.

5. Lowers age from 21 to 18

This part of Massey’s amendment proposes to allow South Carolinians 18 years and older to carry concealed handguns openly without a license or any gun safety training. Tyler Bailey, an at-large member of the Columbia City Council, wrote in an op-ed, published in The State, “The proposed legislation also dismantles South Carolina’s system of responsible gun ownership currently provided through criminal history checks and the confirmation of statutory eligibility.”

Other concerns

Other differences include adding a prohibition on carrying into a public building marked “court,” which also covers magistrate offices. There is a change in wording from election day to election days, and lists churches on places where a person of authority can give express permission to carry. Another amendment adds hospitals to the list of places someone can carry with or without a CWP.

While lawmakers on the committee called the bill a success for second amendment rights, Bamberg and Hutto, reiterated the dangers and concerns frequently raised.

“It’s important that when we go though this process to not forget the reality of the world we live in,” Bamberg said.

One of his concerns he has had with the bill is the potential uncomfortable position the bill would put law enforcement into, he said.

“The goal of this is to protect rights but also protect life,” Bamberg said.

Hutto echoed Bamberg’s concerns, and said three different deputies stopped and approached him recently about their concerns and questions.

Concerns included road rage situations, approaching a car with a gun on the dashboard, not knowing the “good” from “bad guys” with guns.

What’s next

Martin, Massey, Caskey and Cox emphasized working to get the bill passed and moved to the governor’s desk.

Two votes from the Senate and two votes from the House are needed to get an agreed version of the bill out of conference committee. Then it would be sent back to both the House and Senate for a final vote. The bill can not be amended once sent back to the House and Senate.