H 3594 South Carolina House · 2023-2024 Regular Session

Constitutional Carry

Summary
AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024" 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 WHO 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 AND FIREARMS MAY BE CARRIED, AND PERSONS WHO MAY CARRY HANDGUNS AND FIREARMS; BY AMENDING SECTION 16-23-50, RELATING TO CERTAIN PENALTIES, DISPOSITION OF FINES, AND FORFEITURE AND DISPOSITION OF HANDGUNS, SO AS TO PROVIDE GRADUATED PENALTIES FOR VIOLATIONS OF THIS SECTION; 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 TO 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 PROVIDE PERSONS MUST REPORT THE LOSS OR THEFT OF A FIREARM TO A LAW ENFORCEMENT AGENCY, 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, TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS, TO PROVIDE SLED SHALL OFFER A CONCEALED WEAPON PERMIT TRAINING COURSE, AND TO PROVIDE PERSONS AT LEAST EIGHTEEN YEARS OLD MAY OBTAIN 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 IS 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 AMENDING SECTION 51-3-145, RELATING TO UNLAWFUL ACTS COMMITTED AT STATE PARKS, SO AS TO PROVIDE PERSONS MAY POSSESS OR CARRY CONCEALABLE WEAPONS IN STATE PARKS; 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; 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"; BY AMENDING SECTION 22-5-910, RELATING TO THE EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROVIDE FOR THE EXPUNGEMENT OF CRIMINAL RECORDS FOR CERTAIN UNLAWFUL POSSESSIONS OF FIREARMS OR WEAPONS OFFENSES, AND TO MAKE A TECHNICAL CHANGE; BY AMENDING SECTION 23-31-240, RELATING TO PERSONS ALLOWED TO CARRY CONCEALABLE WEAPONS ANYWHERE IN THIS STATE, SO AS TO ADD ADDITIONAL PERSONS TO THIS LIST WITH CERTAIN EXCEPTIONS; BY ADDING SECTION 23-31-245 SO AS TO PROVIDE CIRCUMSTANCES WHEN LAW ENFORCEMENT OFFICERS MAY SEARCH, DETAIN, OR ARREST PERSONS OPENLY CARRYING WEAPONS; BY ADDING SECTION 17-1-65 SO AS TO PROVIDE PERSONS MAY APPLY FOR EXPUNGEMENTS OF CONVICTIONS FOR UNLAWFUL POSSESSION OF HANDGUNS UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 16-23-495 SO AS TO PROVIDE PENALTIES FOR PERSONS CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT CERTAIN CRIMES INVOLVING CONCEALABLE WEAPONS, TO PROVIDE SLED SHALL DEVELOP AND DISTRIBUTE A DOCUMENT THAT INFORMS GUN PURCHASERS THAT THEY MAY OBTAIN CONCEALED WEAPON PERMITS, CARRY THEIR WEAPONS WITHOUT A PERMIT, AND CERTAIN PENALTIES IMPOSED FOR CRIMES INVOLVING CONCEALABLE WEAPONS, TO PROVIDE SLED MUST INFORM THE PUBLIC THE STATE PROVIDES A PROCESS FOR GUN OWNERS TO OBTAIN CONCEALED WEAPON PERMITS AND ALLOWS GUN OWNERS TO CARRY THEIR WEAPONS WITHOUT PERMITS; AND TO PROVIDE NO PROVISION OF THIS ACT SHOULD BE CONSTRUED TO DISCOURAGE GUN OWNERSHIP OR GUN SAFETY TRAINING, BUT TO ENCOURAGE GUN OWNERS TO RECEIVE GUN SAFETY TRAINING. - RATIFIED TITLE
Bill status signed all 5 stages cleared
Introduction
Jan 2023
Committee Review
Mar 2024
House Passage
Feb 2023
Senate Passage
Feb 2024
Signed into Law
Mar 2024
Introduced Jan 10, 2023 Signed Mar 7, 2024
Floor votes · Senate Jan 31, 2024 · House Feb 22, 2023

How they voted

363
Passed · 4 other
Total votes 43
Jan 31, 2024
D Democratic13
10 Yea 2 Nay 1
76% Yea
I Independent1
1 Nay
100% Nay
R Republican29
26 Yea 3
89% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
59
Key actions
16
Committee
9
Amendments
8
Mar 7, 2024
Signed into law
Signed By Governor
legislature
Mar 6, 2024
Upper · Passed
Conference report adopted
upper
Mar 5, 2024
Lower · Passed
Conference report adopted
lower
Feb 27, 2024
Upper · Passed
Conference committee appointed Hutto, Massey, Martin
upper
Feb 15, 2024
Lower · Passed
House insists upon amendment and conference committee appointed Reps. Caskey, BJ Cox, Bamberg
lower
Feb 14, 2024
Introduced
Non-concurrence in House amendment
upper
Feb 13, 2024
Introduced
Returned to Senate with amendments
lower
Feb 13, 2024
Amended
Senate amendment amended
lower
Feb 1, 2024
Upper · Passed
Read third time and returned to House with amendments
upper
Feb 1, 2024
Upper · Passed
Amended
upper
Jan 31, 2024
Upper · Passed
Amended
upper
Jan 31, 2024
Senate · Passed
Senate Vote: pass (36-3-4)
senate
Jan 30, 2024
Upper · Passed
Amended
upper
May 9, 2023
Upper · Passed
Recalled from Committee on Judiciary
upper
Feb 28, 2023
Committee
Referred to Committee on Judiciary
upper
Feb 28, 2023
Introduced
Introduced and read first time
upper
Feb 23, 2023
Lower · Passed
Read third time and sent to Senate
lower
Feb 23, 2023
Lower · Passed
Amended
lower
Feb 22, 2023
Lower · Passed
Amended
lower
Feb 22, 2023
House · Passed
House Vote: pass (91-20-11)
house
Feb 16, 2023
Lower · Passed
Committee report: Favorable with amendment Judiciary
lower
Jan 10, 2023
Committee
Referred to Committee on Judiciary
lower
Jan 10, 2023
Introduced
Introduced and read first time
lower
Dec 15, 2022
Committee
Referred to Committee on Judiciary
lower
69 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Adam Morgan
Adam Morgan
RRepublican
SC
20
P
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Alan Morgan
RRepublican
SC
18
P
Photo of Anne Thayer
Anne Thayer
RRepublican
SC
9
P
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April Cromer
RRepublican
SC
6
P
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Ashley Trantham
RRepublican
SC
28
P
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Ben Connell
RRepublican
SC
52
P
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Bill Chumley
RRepublican
SC
35
P
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Bill Hager
RRepublican
SC
122
P
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Bill Herbkersman
RRepublican
SC
118
P
Photo of Bill Hixon
Bill Hixon
RRepublican
SC
83
P
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Bill Sandifer
RRepublican
SC
2
P
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Bill Taylor
RRepublican
SC
86
P
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Bobby Cox
RRepublican
SC
21
P
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Brandon Cox
RRepublican
SC
92
P
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Brandon Newton
RRepublican
SC
45
P
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Brian Lawson
RRepublican
SC
30
P
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Cal Forrest
RRepublican
SC
39
P
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Chris Murphy
RRepublican
SC
98
P
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Chris Wooten
RRepublican
SC
69
P
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Cody Mitchell
RRepublican
SC
65
P
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Craig Gagnon
RRepublican
SC
11
P
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Daniel Gibson
RRepublican
SC
12
P
Photo of Davey Hiott
Davey Hiott
RRepublican
SC
4
P
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David O'Neal
RRepublican
SC
66
P
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David Vaughan
RRepublican
SC
27
P
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Dennis Moss
RRepublican
SC
29
P
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Don Chapman
RRepublican
SC
8
P
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Doug Gilliam
RRepublican
SC
42
P
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Gary Brewer
RRepublican
SC
114
P
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Heather Crawford
RRepublican
SC
68
P
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Jason Elliott
RRepublican
SC
6
P
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Jay Jordan
RRepublican
SC
63
P
Photo of Jay Kilmartin
Jay Kilmartin
RRepublican
SC
85
P
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Jay West
RRepublican
SC
7
P
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Jeff Johnson
RRepublican
SC
58
P
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Joe Bustos
RRepublican
SC
112
P
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Joe White
RRepublican
SC
40
P
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John McCravy
RRepublican
SC
13
P
Photo of Jordan Pace
Jordan Pace
RRepublican
SC
117
P
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Josiah Magnuson
RRepublican
SC
38
P
Photo of Kathy Landing
Kathy Landing
RRepublican
SC
80
P
Photo of Kevin Hardee
Kevin Hardee
RRepublican
SC
105
P
Photo of Mark Smith
Mark Smith
RRepublican
SC
99
P
Photo of Mark Willis
Mark Willis
RRepublican
SC
16
P
Photo of Matt Leber
Matt Leber
RRepublican
SC
41
P
Photo of Max Hyde
Max Hyde
RRepublican
SC
32
P
Photo of Melissa Oremus
Melissa Oremus
RRepublican
SC
84
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
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R.J. May
RRepublican
SC
88
P
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Randy Ligon
RRepublican
SC
43
P
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Richie Yow
RRepublican
SC
53
P
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Rob Harris
RRepublican
SC
36
P
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Robby Robbins
RRepublican
SC
97
P
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Roger Nutt
RRepublican
SC
12
P
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Ryan McCabe
RRepublican
SC
96
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Steven Long
RRepublican
SC
37
P
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Stewart Jones
RRepublican
SC
14
P
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Sylleste Davis
RRepublican
SC
100
P
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Thomas Beach
RRepublican
SC
10
P
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Tommy Pope
RRepublican
SC
47
P
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Travis Moore
RRepublican
SC
33
P
Photo of Val Guest
Val Guest
RRepublican
SC
106
P
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Weston Newton
RRepublican
SC
120
P
Photo of William Bailey
William Bailey
RRepublican
SC
104