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Permit-less carry bill heads to SC governor’s desk

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Permit-less carry bill heads to SC governor’s desk

Mar 06, 2024 | 5:08 pm ET
By Skylar Laird
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Permit-less carry bill heads to SC governor’s desk
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Rep. Bobby Cox, R-Greer, and Rep. Micah Caskey, R-West Columbia, talk to reporters following a conference committee on a bill allowing adults to carry guns without a permit. (Skylar Laird/SC Daily Gazette)

COLUMBIA — A bill allowing adults to legally carry handguns without a permit while increasing penalties for felons illegally toting is heading to Gov. Henry McMaster’s desk.

The governor is expected to quickly sign it into law, as he’s been demanding that legislators send him the so-called felon-in-possession piece as a way to get repeat offenders off the streets.

“Now, law enforcement, prosecutors and judges can keep career violent criminals behind bars where they belong, where they can no longer hurt innocent South Carolinians,” McMaster wrote on X, formerly Twitter.

The yearslong effort hit a snag last month, when the House refused to agree to the Senate’s changes.

But a committee of three members from each chamber managed to break the stalemate. The compromise is largely the Senate’s version, with one difference: Gone is a provision that gave legislators a right to carry a gun where the public can’t.

The bill does not change where guns are still barred, including schools, courts and businesses that post a sign saying no guns allowed. A section exempting legislators from those rules was struck from the final version.

Taking that out was a big sticking point for the House, Rep. Bobby Cox, R-Greenville, told reporters.

“We’re not special,” Cox said. “What’s good for our constituents is good for us.”

The House approved the compromise 86-33 on Tuesday, mostly along party lines. The Senate followed up Wednesday, with a vote of 28-18.

Amid the debate, McMaster has purposely avoided talking about permit-less carry. But he’s anxious to give local and state law enforcement officers the ability to arrest more felons carrying guns. It will bring state law in line with federal law.

“Law enforcement has been begging for this,” said Senate Majority Leader Shane Massey, R-Edgefield.

With McMaster’s signature, South Carolina would become the 29th state to allow what is often called “constitutional carry” in reference to the Second Amendment to the U.S. Constitution.

A far-right gun rights group, which considers the NRA too liberal, opposed the Senate’s incentives to get a permit.

But without those incentives, the bill would not pass the Senate.

The bill makes classes for a concealed weapon permit free and mandates two opportunities a month per county, at an estimated cost to the state of $5 million. In the carrot-and-stick approach, people who don’t go through the voluntary process to get a CWP, which also involves a background check through the State Law Enforcement Division, would face tougher penalties if they violate gun laws.

Beyond learning about gun safety and how to shoot, the classes are important for learning what is and isn’t legal in where guns can be carried and what qualifies as self-defense under state law, said senators who insisted on the incentives.

“If I had a magic wand, we would not have this provision, but I am not going to let this hold up the bill from getting to the finish line,” said Rep. Micah Caskey, R-West Columbia, who was on the compromise committee.

Some House members also disliked the Senate’s escalating penalties for gun violations. A third violation rises from a misdemeanor to a felony, increasing the possible prison sentence from three years to five.

“If you do the same thing three times, it’s not an accident anymore,” Massey said.

Democrats remained unhappy with the bill, making last-ditch arguments against it in both chambers this week.

Opponents have long argued no longer requiring permits would open the door to more gun crimes. They pointed to the fact that law enforcement officers previously vocally opposed the permit-less carry part of the bill. Law enforcement groups agreed to stay quiet this cycle in exchange for getting the steeper penalties for illegal gun possession.

“I don’t think this is a good idea,” said Senate Minority Leader Brad Hutto, D-Orangeburg, who helped negotiate the compromise despite opposing permit-less carry entirely. “I hope I’m wrong about that.”

Sen. Margie Bright Matthews, D-Walterboro, spoke for hours against the bill Wednesday, pleading with senators to change their minds and vote the bill down. She had nothing against gun owners, she said, but she argued that anyone who wants to carry a gun should first have to learn how to use it safely.

“If you truly want to be a cowboy, get some training,” Bright Matthews said. “It’s as simple as that.”

The bill divided Republicans because of law enforcement’s longstanding opposition, with three voting against it in the Senate.

“I believe that our current law is perfectly congruent with what the Constitution provides,” said Sen. Chip Campsen, R-Isle of Palms.

Sen. Shane Martin, R-Pauline, who has been pushing the issue for more than a decade, said the bill will give people who believe getting a permit is government overreach the chance to carry a weapon legally.

“What I wanted was my constituents that were law-abiding to be able to carry their weapons without asking the government for permission, and that was accomplished today,” said the Spartanburg County Republican.