SOUTH CAROLINA PERMITLESS CARRY PASSES HOUSE 90-18

[free]

ADDITIONALLY, THE AMENDMENT AUTHORIZES EVERY LAW ABIDING SOUTH CAROLINIAN WHO CAN LEGALLY PURCHASE A FIREARM, TO CARRY IT CONCEALED WITHOUT A PERMIT! THE BILL AWAITS THIRD READING IN THE HOUSE NEXT TUESDAY AND THEN PASSES TO THE SENATE FOR CONSIDERATION.

So, this is interesting. The implication is that SC citizens can carry without a permit, whereas non-SC citizens cannot.

However, The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner.

So, how does this square up? If indeed, the intent is to allow SC citizens to carry concealed without a permit and non-citizens not to, wouldn't this be unconstitutional under the Comity Clause? Such a law would fail the two part test:

1). Is a basic right violated (in this case, the 2nd amendment).
2). Does the state have a sufficient justification for doing so.

[soberbyker]

http://www.scstatehouse.gov/sess121_...bills/3025.htm

Third Vote took place on 4/28/15 5 days after the second vote. South Carolina is very different than most Southern States, even the way a bill becomes a law is a PIA there; not sure why.

Ok I see it on that page, thanks.

I also see on that page the bill was introduced to the senate on 4-29-2015 after the third vote in the house and referred to a senate sub committee twice (5-5-15 & 2-6-16) but hasn't had any votes yet. So it still needs 3 senate votes and the governor's signature to actually pass and become law.

Guess I misread the title of this thread which appeared to me to suggest all that has already happened and it's now law, which isn't even close to true yet and the info provided of passing the house is nearly a year old and quote the vote count of the second vote.

[marketermac]

So, this is interesting. The implication is that SC citizens can carry without a permit, whereas non-SC citizens cannot.

However, The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner.

So, how does this square up? If indeed, the intent is to allow SC citizens to carry concealed without a permit and non-citizens not to, wouldn't this be unconstitutional under the Comity Clause? Such a law would fail the two part test:

1). Is a basic right violated (in this case, the 2nd amendment).
2). Does the state have a sufficient justification for doing so.

Doesn't every state (who issues a carry permit) have a similar issue when not accepting other state citizens carry permit?

[clarencecoffee]

So, this is interesting. The implication is that SC citizens can carry without a permit, whereas non-SC citizens cannot.

However, The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents a state from treating citizens of other states in a discriminatory manner.

So, how does this square up? If indeed, the intent is to allow SC citizens to carry concealed without a permit and non-citizens not to, wouldn't this be unconstitutional under the Comity Clause? Such a law would fail the two part test:

1). Is a basic right violated (in this case, the 2nd amendment).
2). Does the state have a sufficient justification for doing so.

Wyoming already has this. No permit for residents. Felony to conceal for visitors without a reciprocal license.

[press1280]

http://www.scstatehouse.gov/sess121_...bills/3025.htm

Third Vote took place on 4/28/15 5 days after the second vote. South Carolina is very different than most Southern States, even the way a bill becomes a law is a PIA there; not sure why.

This link shows:

2/2/2016 Senate Referred to Subcommittee: Hutto (ch), Bright, Gregory,
Shealy, M.B.Matthews

Not likely a dead bill would be updated like this. Seems it's alive and bills can be carried over to the next session.

[ungawa]

Doesn't every state (who issues a carry permit) have a similar issue when not accepting other state citizens carry permit?

Not to mention all the states that won't issue to non-residents

[free]

Doesn't every state (who issues a carry permit) have a similar issue when not accepting other state citizens carry permit?

not quite the same thing. Not accepting papers from another state is different from not requiring papers from your own residents but requiring them from non residents.

[Bang]

How does one go about requiring papers of non-residents, but rejecting them when they are presented.

[free]

How does one go about requiring papers of non-residents, but rejecting them when they are presented.

Another interesting sub point to go with the one I was asking about.