H 3094 South Carolina House · 2021-2022 Regular Session

Open Carry with Training Act

Summary
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "OPEN CARRY WITH TRAINING ACT"; TO AMEND SECTION 23-31-210, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO REVISE THE DEFINITION OF THE TERM "CONCEALABLE WEAPON" TO INCLUDE CERTAIN FIREARMS THAT MAY BE CARRIED OPENLY ON ONE'S PERSON; TO AMEND SECTION 16-23-20, RELATING TO THE CARRYING OF A HANDGUN, SO AS TO PROVIDE A PERSON WHO POSSESSES A CONCEALED WEAPON PERMIT MAY CARRY IT OPENLY ON OR ABOUT HIS PERSON IN A VEHICLE; TO AMEND SECTION 23-31-220, RELATING TO THE RIGHT OF AN EMPLOYER TO PROHIBIT A PERSON FROM CARRYING A CONCEALABLE WEAPON ON HIS PREMISE, SO AS TO PROVIDE THIS PROVISION ALSO APPLIES TO OPENLY CARRYING A WEAPON ONTO THE PREMISE AND PROVIDE AN EMPLOYER OR OWNER OF A BUSINESS MAY POST A SIGN REGARDING THE PROHIBITION OR ALLOWANCE OF CONCEALABLE WEAPONS ON HIS PREMISE; TO AMEND SECTION 23-31-235, RELATING TO THE POSTING OF SIGNS PROHIBITING THE CARRYING OF CONCEALABLE WEAPONS UPON A PREMISE, SO AS TO PROVIDE THIS PROVISION ALSO APPLIES TO OPENLY CARRYING A CONCEALED WEAPON ON A PREMISE AND PROVIDE AN EMPLOYER OR OWNER OF A BUSINESS MAY POST A SIGN REGARDING THE PROHIBITION OR ALLOWANCE OF CONCEALABLE WEAPONS ON HIS PREMISE; TO AMEND SECTION 23-31-210, RELATING TO THE DEFINITION OF CERTAIN TERMS RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO REVISE THE DEFINITION OF THE TERM "PROOF OF TRAINING"; BY ADDING SECTION 23-21-232 SO AS TO PROVIDE A CHURCH OFFICIAL OR GOVERNING BODY MAY ALLOW A PERSON WHO HOLDS A PERMIT TO CARRY A CONCEALABLE WEAPON TO CARRY THE WEAPON CONCEALED OR OPENLY ON PREMISES OF CERTAIN SCHOOLS LEASED BY THE CHURCH FOR CHURCH SERVICES OR OFFICIAL CHURCH ACTIVITIES UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 23-31-520, RELATING TO A LOCAL GOVERNMENT'S AUTHORITY TO REGULATE THE DISCHARGE OR PUBLIC BRANDISHMENT OF FIREARMS AND THE PROHIBITION IMPOSED UPON A LOCAL GOVERNMENT TO CONFISCATE CERTAIN FIREARMS AND AMMUNITION, SO AS TO ALLOW A LOCAL GOVERNMENT TO TEMPORARILY RESTRICT OPEN CARRYING OF A FIREARM ON PUBLIC PROPERTY DURING CERTAIN EVENTS AND PROVIDE THE CIRCUMSTANCES WHEN OPEN CARRYING OF A FIREARM IS PERMITTED AT THESE EVENTS; BY ADDING SECTION 23-31-250 SO AS TO PROVIDE THE STATE AND ITS POLITICAL SUBDIVISIONS CAN NOT BE COMPELLED BY THE FEDERAL GOVERNMENT TO IMPLEMENT OR ENFORCE A LAW RELATED TO AN INDIVIDUAL'S RIGHT TO KEEP AND BEAR ARMS THAT LIMITS OR PROSCRIBES CARRYING CONCEALABLE WEAPONS UNDER CERTAIN CIRCUMSTANCES, TO DIRECT THE ATTORNEY GENERAL TO EVALUATE THESE LAWS AND ISSUE A WRITTEN OPINION OF WHETHER THE LAWS ARE PROHIBITED, AND PROVIDE ACTIONS TO BE TAKEN BY THE STATE AND ITS POLITICAL SUBDIVISIONS IF THE ATTORNEY GENERAL DETERMINES THE LAW VIOLATES THIS PROVISION; TO AMEND SECTION 14-17-325, RELATING TO THE CLERKS OF COURT REPORTING THE DISPOSITION OF COURT OF GENERAL SESSIONS CASES TO THE STATE LAW ENFORCEMENT DIVISION, SO AS TO SHORTEN THE REPORTING PERIOD, TO PROVIDE CLERKS OF COURT ALSO SHALL REPORT THE ISSUANCE, RESCISSION, OR TERMINATION OF CERTAIN INDICTMENTS AND ORDERS, AND TO MAKE TECHNICAL CHANGES; BY ADDING SECTION 22-1-200 SO AS TO REQUIRE MAGISTRATES TO REPORT TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FIVE DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE DISPOSITION OF EACH CRIMINAL CASE AND REPORT TO THE DIVISION THE ISSUANCE, RESCISSION, OR TERMINATION OF CERTAIN ORDERS; BY ADDING SECTION 14-25-250 SO AS TO PROVIDE MUNICIPAL JUDGES SHALL REPORT THE DISPOSITION OF EACH CRIMINAL CASE TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FIVE DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE ISSUANCE, RESCISSION, OR TERMINATION OF CERTAIN ORDERS; BY ADDING SECTION 63-3-545 SO AS TO PROVIDE CLERKS OF FAMILY COURT SHALL REPORT TO THE STATE LAW ENFORCEMENT DIVISION WITHIN FIVE DAYS, WEEKENDS AND HOLIDAYS EXCLUDED, THE ISSUANCE, RESCISSION, OR TERMINATION OF CERTAIN ORDERS; TO AMEND SECTION 23-31-240, RELATING TO CERTAIN PUBLIC OFFICIALS WHO ARE ALLOWED TO CARRY A CONCEALED WEAPON WHILE ON DUTY, SO AS TO DELETE THE PROVISION THAT RESTRICTS THE CARRYING OF THE WEAPON WHEN THE OFFICIAL IS CARRYING OUT THE DUTIES OF HIS OFFICE AND ADD THE ATTORNEY GENERAL AND ASSISTANT ATTORNEYS GENERAL TO THE OFFICIALS COVERED BY THIS PROVISION; AND TO AMEND SECTION 23-31-215, RELATING TO THE ISSUANCE OF CONCEALED WEAPON PERMITS, SO AS TO ELIMINATE THE PAYMENT OF AN APPLICATION FEE, AND THE STATE LAW ENFORCEMENT HANDGUN TRAINING COURSE FEE, AND PROVIDE THE DIVISION MAY NOT CHARGE A FEE FOR A CONCEALED WEAPON PERMIT. - ratified title
Bill status signed all 5 stages cleared
Introduction
Jan 2021
Committee Review
Apr 2021
House Passage
May 2021
Senate Passage
May 2021
Signed into Law
May 2021
Introduced Jan 12, 2021 Signed May 17, 2021
Floor votes · Senate May 6, 2021 · House Mar 17, 2021

How they voted

385
Passed · 2 other
Total votes 45
May 6, 2021
D Democratic15
11 Yea 3 Nay 1
73% Yea
I Independent1
1 Yea
100% Yea
R Republican29
26 Yea 2 Nay 1
89% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
44
Key actions
11
Committee
6
Amendments
4
May 17, 2021
Signed into law
Signed By Governor
legislature
May 12, 2021
Lower · Passed
Concurred in Senate amendment and enrolled
lower
May 6, 2021
Upper · Passed
Read third time and returned to House with amendments
upper
May 6, 2021
Upper · Passed
Amended
upper
May 5, 2021
Upper · Passed
Amended
upper
Apr 29, 2021
Upper · Passed
Recalled from Committee on Judiciary
upper
Apr 20, 2021
Committee
Referred to Subcommittee: Young (ch), Malloy, Massey, Kimpson, Garrett
upper
Mar 23, 2021
Committee
Referred to Committee on Judiciary
upper
Mar 23, 2021
Introduced
Introduced and read first time
upper
Mar 18, 2021
Lower · Passed
Read third time and sent to Senate
lower
Mar 18, 2021
Lower · Passed
Amended
lower
Mar 17, 2021
Lower · Passed
Amended
lower
Mar 17, 2021
House · Passed
House Vote: pass (81-31-9)
house
Mar 3, 2021
Lower · Passed
Committee report: Favorable with amendment Judiciary
lower
Jan 12, 2021
Committee
Referred to Committee on Judiciary
lower
Jan 12, 2021
Introduced
Introduced and read first time
lower
Dec 9, 2020
Committee
Referred to Committee on Judiciary
lower
67 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Adam Morgan
Adam Morgan
RRepublican
SC
20
P
Photo of Anne Thayer
Anne Thayer
RRepublican
SC
9
P
Photo of Ashley Trantham
Ashley Trantham
RRepublican
SC
28
P
Photo of Bill Chumley
Bill Chumley
RRepublican
SC
35
P
Photo of Bill Hixon
Bill Hixon
RRepublican
SC
83
P
Photo of Bill Sandifer
Bill Sandifer
RRepublican
SC
2
P
Photo of Bill Taylor
Bill Taylor
RRepublican
SC
86
P
Photo of Bill Whitmire
Bill Whitmire
RRepublican
SC
1
P
Photo of Bobby Cox
Bobby Cox
RRepublican
SC
21
P
Photo of Brandon Newton
Brandon Newton
RRepublican
SC
45
P
Photo of Bruce M. Bryant
Bruce M. Bryant
RRepublican
SC
48
P
Photo of Cal Forrest
Cal Forrest
RRepublican
SC
39
P
Photo of Case Brittain
Case Brittain
RRepublican
SC
107
P
Photo of Chip Huggins
Chip Huggins
RRepublican
SC
85
P
Photo of Chris Murphy
Chris Murphy
RRepublican
SC
98
P
Photo of Chris Wooten
Chris Wooten
RRepublican
SC
69
P
Photo of Craig Gagnon
Craig Gagnon
RRepublican
SC
11
P
Photo of Davey Hiott
Davey Hiott
RRepublican
SC
4
P
Photo of Doug Gilliam
Doug Gilliam
RRepublican
SC
42
P
Photo of Garry R. Smith
Garry R. Smith
RRepublican
SC
27
P
Photo of Gil Gatch
Gil Gatch
RRepublican
SC
94
P
Photo of Heather Crawford
Heather Crawford
RRepublican
SC
68
P
Photo of J. Gary Simrill
J. Gary Simrill
RRepublican
SC
46
P
Photo of James H. "Jay" Lucas
James H. "Jay" Lucas
RRepublican
SC
65
P
Photo of Jason Elliott
Jason Elliott
RRepublican
SC
6
P
Photo of Jay Jordan
Jay Jordan
RRepublican
SC
63
P
Photo of Jay West
Jay West
RRepublican
SC
7
P
Photo of Jeff Bradley
Jeff Bradley
RRepublican
SC
123
P
Photo of Jeff Johnson
Jeff Johnson
RRepublican
SC
58
P
Photo of John McCravy
John McCravy
RRepublican
SC
13
P
Photo of Joseph S. Daning
Joseph S. Daning
RRepublican
SC
92
P
Photo of Josiah Magnuson
Josiah Magnuson
RRepublican
SC
38
P
Photo of Kevin Hardee
Kevin Hardee
RRepublican
SC
105
P
Photo of Lee Hewitt
Lee Hewitt
RRepublican
SC
108
P
Photo of Lonnie Hosey
Lonnie Hosey
DDemocratic
SC
91
P
Photo of Lucas Atkinson
Lucas Atkinson
DDemocratic
SC
57
P
Photo of Mandy W. Kimmons
Mandy W. Kimmons
RRepublican
SC
97
P
Photo of Mark Smith
Mark Smith
RRepublican
SC
99
P
Photo of Mark Willis
Mark Willis
RRepublican
SC
16
P
Photo of Max Hyde
Max Hyde
RRepublican
SC
32
P
Photo of Melissa Oremus
Melissa Oremus
RRepublican
SC
84
P
Photo of Merita A. "Rita" Allison
Merita A. "Rita" Allison
RRepublican
SC
36
P
Photo of Micah Caskey
Micah Caskey
RRepublican
SC
89
P
Photo of Mike Burns
Mike Burns
RRepublican
SC
17
P
Photo of Murrell Smith
Murrell Smith
RRepublican
SC
67
P
Photo of Neal Collins
Neal Collins
RRepublican
SC
5
P
Photo of Patrick Haddon
Patrick Haddon
RRepublican
SC
19
P
Photo of Phillip Lowe
Phillip Lowe
RRepublican
SC
60
P
Photo of Randy Ligon
Randy Ligon
RRepublican
SC
43
P
Photo of Raye Felder
Raye Felder
RRepublican
SC
26
P
Photo of Richie Yow
Richie Yow
RRepublican
SC
53
P
Photo of Roger Nutt
Roger Nutt
RRepublican
SC
12
P
Photo of Russell W. Fry
Russell W. Fry
RRepublican
SC
106
P
Photo of Ryan McCabe
Ryan McCabe
RRepublican
SC
96
P
Photo of Sandy N. McGarry
Sandy N. McGarry
RRepublican
SC
44
P
Photo of Shannon Erickson
Shannon Erickson
RRepublican
SC
124
P
Photo of Steven Long
Steven Long
RRepublican
SC
37
P
Photo of Stewart Jones
Stewart Jones
RRepublican
SC
14
P
Photo of Tim McGinnis
Tim McGinnis
RRepublican
SC
56
P
Photo of Tommy M. Stringer
Tommy M. Stringer
RRepublican
SC
18
P
Photo of Tommy Pope
Tommy Pope
RRepublican
SC
47
P
Photo of Travis Moore
Travis Moore
RRepublican
SC
33
P
Photo of V. Stephen "Steve" Moss
V. Stephen "Steve" Moss
RRepublican
SC
30
P
Photo of W. Brian White
W. Brian White
RRepublican
SC
6
P
Photo of Westley P. "West" Cox
Westley P. "West" Cox
RRepublican
SC
10
P
Photo of Weston Newton
Weston Newton
RRepublican
SC
120
P
Photo of William Bailey
William Bailey
RRepublican
SC
104