Home States South Carolina South Carolina Becomes the 12th Second Amendment Sanctuary State

South Carolina Becomes the 12th Second Amendment Sanctuary State

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On May 17, 2021, South Carolina’s governor, Henry McMaster, signed H.3094, the “Open Carry with Training Act” into law. Among other things, this makes South Carolina the 12th state to adopt legislation that protects the Second Amendment from federal overreach. As of the time of this publication, South Carolina also has 8 counties that have passed their own Pro-Second Amendment resolutions / ordinances / proclamations.

Tweet from South Carolina Governor, Henry McMaster regarding H.3094, “Open Carry with Training Act”.

As the Governor indicated in the tweet above, the law does not take effect until 90 days from May 17, which is August 16, 2021. The text of H.3094 can be found on the South Carolina Legislature website, however, the sections pertaining to Second Amendment Sanctuary State status will be included below:

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;

SECTION   9. A. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:

    “Section 23‑31‑250.   (A)  The State of South Carolina, and its political subdivisions, cannot be compelled by the federal government to take any legislative or executive action to implement or enforce a federal law, treaty, executive order, rule, or regulation related to an individual’s right to keep and bear arms enshrined in the Second Amendment to the United States Constitution that limits or proscribes carrying concealable weapons, whether concealed or openly carried, as provided in this chapter.

    (B)  Any federal law, treaty, executive order, rule, or regulation related to limiting or proscribing the carry of concealable weapons must be evaluated by the Attorney General. The Attorney General shall issue a written opinion of whether the law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A).

    (C)  If the Attorney General renders an opinion that a federal law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A), then:

       (1)   no public funds of this State, or any political subdivision of this State, shall be allocated for the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation;

       (2)   no personnel or property of this State, or any political subdivision of this State, shall be allocated to the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation; and

       (3)   no official, agent, or employee of the State of South Carolina, or any political subdivision of it, shall implement, attempt to implement, enforce, or attempt to enforce that federal law, treaty, executive order, rule, or regulation.”

B. This SECTION takes effect upon approval by the Governor.


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