South Carolina lawmakers and Gov. Henry McMaster have wildly different answers to that question. Last year the legislature passed a bill that would have forced prosecutors to dismiss any charges of unlawful carrying of a firearm that were filed before the state adopted its permitless carry law, so long as the defendant in question could now lawfully carry under the new statute.
McMaster vetoed the bill, however, saying that “every case is unique, and the prosecutors in our state should be permitted to evaluate each case based on the law and the facts.”
Legislators did not attempt to override his veto last session, but the same language has re-emerged this year in a new bill. Earlier this month the Senate Judiciary Committee took up the issue once more, with supporters of the change arguing that hundreds of South Carolina residents are still facing charges for doing something that’s no longer a crime… and the bill’s sponsor taking a swipe at Constitutional Carry itself.
“That’s what happens when you rush legislation, particularly rushing through with the constitutional carry. There were a lot of errors and unintended consequences,” said Sen. Deon Tedder, the North Charleston Democrat who sponsored the bill. “This is an effort to right those wrongs.”
Tedder said he received calls from public defenders and attorneys who said unlawful carrying charges were still being pushed after the law went into effect.
The S.C. Commission on Prosecution Coordination said they were asked to compile numbers on how many people in the state still had pending charges. SCCP Executive Director Lisa Catalanotto said all the circuit courts had dismissed at least some charges since the law had been enacted.
With the exception of four circuits, the state had a little over 243 pending charges left as of Feb. 24. Some cases are tied to murder or homicide charges that don’t apply the same way as a possession charge.
… Tedder said those numbers are still “too high.”
“There are some that have been using their prosecutorial discretion the appropriate way. But clearly, as we just found out through the numbers, there are still people,” Tedder said. “That might be the only charge they have on their record, and that can hinder them from job opportunities, school and the like.”
Tedder’s complaint about the “rush” to adopt Constitutional Carry is downright laughable, given that it took multiple sessions and repeated attempts to get a permitless carry bill to McMaster’s desk for his signature. In fact, it was the state Senate that was the major impediment to permitless carry in the past.
Still, even though the Democrat is off-base in his criticism of the Constitutional Carry statute, he’s not wrong about the importance of clearing these cases from the criminal justice system. Despite McMaster’s concerns, if we’re talking about cases solely dealing with unlawful carrying of a firearm by folks who aren’t prohibited under current law from bearing arms without a permit, it would be an injustice to continue these prosecutions.
Unfortunately, McMaster’s office says the governor is still opposed to this measure, so if it does win approval of the House and Senate it will need a veto-proof margin and House and Senate leadership willing to override his veto. South Carolina gun owners can do their part by urging their representatives to get behind the bill, as well as encouraging the governor to rethink his position.
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