Bill to preempt any federal gun restrictions through SC’s ‘unorganized militia’ advances

BY Herschel Smith
7 months ago

News from South Carolina.

A Statehouse proposal aimed at ensuring South Carolinians can keep their weapons no matter what gun-control measures the White House or Congress might take won early backing in the state Senate.

The bill attempts to buffer any future federal gun restrictions by classifying all guns and bullets legally owned by South Carolinians as weaponry of the state’s unorganized militia.

A 2-1 vote March 23 sent the bill to the Senate’s full Veterans’ Services Committee.

State Sen. Kevin Johnson, D-Manning, who cast the lone “no” vote, called the proposal unnecessary nonsense.

The measure, sponsored by Travelers Rest Republican Sen. Tom Corbin, adds language to an obscure 1881 state law regarding South Carolina’s “unorganized militia” — to which all “able-bodied” citizens over age 17 automatically belong.

The governor has the authority to assemble that militia in times of war, rebellion or insurrection, though that’s never happened.

There likely hasn’t been a militia fighting in South Carolina “since Francis Marion and the swamp foxes were shooting at the British” in 1781 during the American Revolution, Corbin told reporters after the hearing.

Corbin sees his proposal, coming some 240 years after those swamp skirmishes, as a way of ensuring South Carolina’s guns are never confiscated.

It would give the state’s “militia” members the right to buy and possess all types of firearms, ammunitions and their components — including magazines and clips — that were legal as of Dec. 30.

“At the end of the day, a federal government cannot disarm a state standing army,” Corbin told the subcommittee.

I’ve bolded the objectionable part of the article, but you already know that.  Only God gives rights, and only God can take them away.

If this has a chance of passing, then please go for it.  On the other hand, if this dog won’t hunt in a short session, then it may be another poison pill, or something to grab attention away from the need to pass open carry.

As for open carry, it appears that the bill stipulates barrel length, so the open carry of long guns may have been made illegal in S.C. with the open carry bill.

Again, it may be imperfect, but problems with it may be able to be fixed in the future.  If those problems can be ironed out in committee between the House and Senate, then do so.

Time is short, so get open carry done.  Focus on constitutional carry next session.


Comments

  1. On March 24, 2021 at 9:56 am, Fred said:

    And when this comes under further regulation and courts interpretation what will you have? A manner by which everybody except those who are approved by the state are excluded from firearms ownership. Sounds super.

  2. On March 24, 2021 at 1:45 pm, Geoff said:

    You’re wrong. Nothing in State Law prohibits the open carry of long guns and the Open Carry with Training Act applies to handguns that are commonly carried by those of us with a South Carolina Concealed Weapons Permit, which ONLY applies to handguns.

    “(5) ‘Concealable weapon’ means a firearm having a length of less than twelve inches measured along its greatest dimension that must may be carried openly on one’s person or in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.”

    A rifle was never a concealable weapon. This, however, MAY prohibit open carry of certain AR and AK pistols if the barrel is more than 12″, but does not apply to long guns as they are generally not concealable.
    And I don’t know of any modern handgun or revolver with a 12″ or longer barrel.

  3. On March 24, 2021 at 1:56 pm, Herschel Smith said:

    @Geoff,

    I hope I’m wrong. That would make me happy. I’d ask you to take another look at the bill as written and approved by the House and as it’s going to the Senate.

    I had read in a new report that the barrel length limit was in place. That’s why I mentioned it.

    I don’t have the time to fully fisk this. It has nothing to do with state law as is – this has to do with the bill as it was approved.

    They made noises of fearing carry of long guns at demonstrations, parades and other such things, for the purpose of intimidation.

  4. On March 24, 2021 at 6:49 pm, The Trio Main Title said:

    9th circuit just ruled that Americans do not have a right to carry concealed or out in the open.
    This ruling impacts RTC laws in AK, HI, CA, AZ, OR, WA, & MT.

  5. On March 24, 2021 at 7:44 pm, John Paul Jones said:

    I would like to see the free states pass laws that state there will be no assistance of any kind to any federal law enforcement agency after passage of any further restriction of gun rights. The slave states of the North and West will never pass this but the South and rest of Fly-over country should.

  6. On March 24, 2021 at 10:06 pm, Herschel Smith said:

    @John Paul Jones,

    More is needed. State laws should require agents of the state to arrest any FedGov agents who attempt to enforce federal gun laws.

  7. On March 28, 2021 at 12:23 am, TheAlaskan said:

    @ Paul Jones

    Alaska has that exact law already, signed into law by Governor Sean Parnell on the 9th of July, 2010.

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This article is filed under the category(s) Second Amendment and was published March 23rd, 2021 by Herschel Smith.

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