Rep. Pitts Introduces Binding Gun Rights Law

February 4, 2010 by  
Filed under SC Politics

On February 2nd, Rep. Ted Pitts introduced a bill in the SC State House that would make it a felony for any public government official to require registration to purchase a firearm or ammunition within the state of South Carolina.  This bill, H.4509, is currently sitting in the House Judiciary committee pending its recommendation.

This reminds me of the Montana law passed in the past few years which provides a safe haven for gun manufacturers in Montana.  This does not go quite has far but it moves to put the Federal Government on notice and helps ensure the peoples second amendment rights as defined in the Bill of Rights.

Read the bill below.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-135 SO AS TO MAKE FINDINGS OF THE GENERAL ASSEMBLY IN REGARD TO A PERSON’S RIGHT TO KEEP AND BEAR ARMS, TO PROVIDE THAT NO PUBLIC OFFICIAL OF ANY JURISDICTION MAY REQUIRE REGISTRATION OF PURCHASERS OF FIREARMS OR AMMUNITION WITHIN THE BOUNDARIES OF THIS STATE, AND TO PROVIDE PENALTIES FOR VIOLATION OF THIS SECTION WHICH IS A FELONY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 5, Title 16 of the 1976 Code is amended by adding:

“Section 16-5-135.    (A)    The General Assembly of the State of South Carolina finds:

(1)    No authority was given to the United States to limit or restrict the right of the citizens of this State to keep and bear arms;

(2)    The United States Congress and all federal agencies are further expressly prohibited from infringing upon the rights of the citizens of this State to keep and bear arms by the Second Amendment to the Constitution of the United States which states:

‘A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.';

(3)    The 90th United States Congress attempted to exceed its authority in violation of Article II of the Bill of Rights of the United States Constitution in purporting to pass the so-called ‘gun registration bill’ in the form of Public Law 90-168;

(4)    Federal agents have flouted the United States Constitution and foresworn their oath to support this Constitution by requiring registration of the purchasers of firearms and ammunition, and these requirements violate the limits of authority placed upon the federal agents by the United States Constitution and are dangerous to the liberties of the people; and

(5)    Article XIII, Section 1 of the Constitution of South Carolina, 1985, provides that all able-bodied male citizens between the ages of eighteen and forty-five are members of the militia of the State of South Carolina, and the effectiveness of these members in suppressing civil disorder or resisting invasion is impeded by infringing on the right of the people to keep and bear arms, by requiring registration of firearms and purchase of ammunition.

(B)    Notwithstanding any other provision of law, no public official of any jurisdiction may require registration of purchasers of firearms or ammunition within the boundaries of this State.

(C)    Any person violating the provisions of this subsection (B) is guilty of a felony and upon conviction must be punished by a fine not exceeding five thousand dollars, or a term of imprisonment not exceeding five years, or both.

(D)    Any aggrieved party shall also have a private action against any person violating the provisions of subsection (B).”

SECTION    2.    This act takes effect upon approval by the Governor.

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SC Ready to Sound the Alarm on H.R. 45

March 9, 2009 by  
Filed under SC Politics

So besides the hours the House spent debating and voting on our ever important state budget, what did the SC State House of Representatives accomplish before/after 108 members saw it necessary to accept the stimulus money instead of doing what the rest of America is doing, trimming down the fat.

H.3673 was introduced and referred to committee. The resolution expresses “the opposition of the General Assembly of South Carolina to the Firearm Licensing and Record of Sale Act of 2009 [H.R. 45] recently introduced in the United States Congress.”  Whew.

For those of you who don’t know, H.R. 45 (aka Blair Holt’s Firearm Licensing and Record of Sale Act of 2009) introduced by Congressman Bobby Rush (D -IL) would destroy our 2nd Amendment rights as we know it.  What does it require?  Here is a list just for starters.

Prohibits:

  1. transferring a firearm to any person other than a licensee, unless the transfer is processed through a licensed dealer in accordance with national instant criminal background check system requirements, with exceptions;
  2. a licensed manufacturer or dealer from failing to comply with reporting and record keeping requirements of this Act;
  3. failing to report the loss or theft of the firearm to the Attorney General within 72 hours;
  4. failing to report to the Attorney General an address change within 60 days; or
  5. keeping a loaded firearm, or an unloaded firearm and ammunition for the firearm, knowingly or recklessly disregarding the risk that a child is capable of gaining access, if a child uses the firearm and causes death or serious bodily injury.

Did I mention this requires most ammunition to be bar coded?

We spoke with Congressman Bob Inglis (R – SC) a few weeks ago about the bill and he didn’t give us a warm fuzzy feeling.  Bob Inglis is against the bill, but believes that Nancy Pelosi (D – CA) will push this through.  Our best hope is that pro gun democrats like college football star Heath Shuler (D – NC) and others will stand up and buck the gravy train.

H.3673 was referred to the committee on Invitations and Memorial Resolutions. Be sure to contact your representatives and ask them to sponsor this resolution.  We need to send this message loud and clear to Washington.  Here are the committee members:

Herb Kirsh Liston D. Barfield Don C. Bowen
Marion B. Frye Vida O. Miller

As for Spartanburg County, all but two Representatives had signed on as of 12:14am on March 10th.  Those Representatives are Harold Mitchell and Joey Millwood.

I am happy to see our General Assembly fighting for our rights guaranteed by the US Constitution.  I just wish these bills did more than just memorialize the US Congress.  It is our understanding this process has very little effect influencing Congress.  Maybe they will put some teeth into one of these bills and give the Attorney General the grounds to sue the US over this matter.

By the way, go to the NRA website and help them get on Congress’ case to not pass this bill.

UPDATE (5:04pm March 10):
Joey Millwood and Eric Bedingfield have also signed on to this legislation now.