SC S.794 - Joining Montana, Utah and Texas's Lead

SC S.794 - Joining Montana, Utah and Texas's Lead

This is a discussion on SC S.794 - Joining Montana, Utah and Texas's Lead within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Hmm... This one slipped in.. Looks like SC Likes where Montana, Utah and Texas is going... wonder how many other states will join the fray... ...

Results 1 to 9 of 9

Thread: SC S.794 - Joining Montana, Utah and Texas's Lead

  1. #1
    Member Array GizmoHD's Avatar
    Join Date
    Feb 2009
    Location
    Lexington, SC
    Posts
    78

    SC S.794 - Joining Montana, Utah and Texas's Lead

    Hmm... This one slipped in.. Looks like SC Likes where Montana, Utah and Texas is going... wonder how many other states will join the fray...

    2009-2010 Bill 794: Subject not yet available - South Carolina Legislature Online

    A BILL

    TO AMEND CHAPTER 31, TITLE 23 OF THE 1976 CODE, RELATING TO FIREARMS, BY ADDING ARTICLE 9, THE "SOUTH CAROLINA FIREARMS FREEDOM ACT", TO PROVIDE THAT A FIREARM, FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN SOUTH CAROLINA IS EXEMPT FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES.

    Whereas, the tenth amendment to the United States Constitution guarantees and reserves for the states all powers not granted to the federal government in the Constitution; and

    Whereas, the ninth amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of South Carolina certain rights. The guaranty of those rights is a matter of contract between the state and people of South Carolina and the United States; and

    Whereas, the regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition; and

    Whereas, the second amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that South Carolina was admitted to statehood in 1788, and the guaranty of the right is a matter of contract between the state and people of South Carolina and the United States as of the time that the compact with the United States was agreed upon and adopted by South Carolina and the United States in 1788; and

    Whereas, Article I, Section 20 of the South Carolina Constitution clearly secures to South Carolina citizens, and prohibits government interference with, the right of individual South Carolina citizens to keep and bear arms. This constitutional protection is unchanged from the 1895 South Carolina Constitution, which was approved by Congress and the people of South Carolina, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by South Carolina and the United States in 1895. Now, therefore,

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

    SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:

    "Article 9

    South Carolina Firearms Freedom Act

    Section 23-31-700. This article may be cited as the 'South Carolina Firearms Freedom Act'.

    Section 23-31-705. For purposes of this article:

    (1) 'Borders of South Carolina' means the boundaries of South Carolina described in Article I, Section 1 of the 1895 South Carolina Constitution.

    (2) 'Firearms accessories' means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.

    (3) 'Generic and insignificant parts' includes, but is not limited to, springs, screws, nuts, and pins.

    (4) 'Manufactured' means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or other processes for working materials.

    Section 23-31-710. (A) A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.

    (B) This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in South Carolina from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.

    (1) Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition.

    (2) Basic materials such as unmachined steel and unshaped wood are not firearms, firearms accessories, or ammunition.

    (C) Basic materials are subject only to intrastate commerce regulation.

    (D) Firearms accessories that are imported into South Carolina from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in South Carolina.

    Section 23-31-715. This article does not apply to the following:

    (1) a firearm that cannot be carried and used by one person;

    (2) a firearm that has a bore diameter greater than one and one half inches and that uses smokeless powder, not black powder, as a propellant;

    (3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

    (4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

    Section 23-31-720. A firearm manufactured or sold in South Carolina under must have the words 'Made in South Carolina' clearly stamped on a central metallic part, such as the receiver or frame."

    SECTION 3. This act takes effect upon approval by the Governor.
    "Deeds Not Words" - Motto of the USS Gettysburg
    NRA Life Member
    http://www.alioofficium.com/ (Personal Responsibility)


  2. #2
    Moderator
    Array RETSUPT99's Avatar
    Join Date
    Jul 2006
    Location
    Central Florida
    Posts
    45,045

    Now it's FL's turn...

    We need a majority of the states to join in...
    The last Blood Moon Tetrad for this millennium starts in April 2014 and ends in September 2015...according to NASA.

    ***********************************
    Certified Glock Armorer
    NRA Life Member[/B]

  3. #3
    VIP Member Array AllAmerican's Avatar
    Join Date
    Nov 2008
    Location
    Chesterfield, Kakalaki del Sur
    Posts
    2,403
    I asked over at Grass Roots what guns and such are manufactured here. Turns out, quite a bit.
    Last edited by AllAmerican; May 12th, 2009 at 09:14 AM.
    My Music: www.reverbnation.com/dickiefredericks
    New tunes added.
    "The Double Tap Center Mass Boogie. Learn it, know it, love it, shoot it. Good guys should live, bad guys not so much. " - Ted Nugent 09

  4. #4
    Member Array jughead2's Avatar
    Join Date
    Jun 2008
    Location
    tenn.
    Posts
    79
    seems like tenn. is onboard too.

  5. #5
    Member Array bbernard's Avatar
    Join Date
    Mar 2008
    Location
    Fort Myers, FL
    Posts
    100

    Just sent this email to every FL Senator and Representative

    Subject: Introduction of a Florida Firearms Freedom Act and Intra-State Commerce Clause

    Body: Dear FL Senators and Representatives,

    I write this email today to ask that we Floridians join our fellow U.S. brothers and sisters of Montana and create our own Firearms Freedom Act.

    There is a movement today in the Federal government to encroach on our State and Individual liberties and if we do not act in our self interest we could see our liberties fade away.

    Montana has passed and the Governor signed into law the "Montana Firearms Freedom Act" but there is more. The states of Alaska, South Carolina, Texas and Tennessee have introduced ther own versions while the Georgia, Missouri, Oklahoma, Arizona, Wyoming, Utah, Idaho, and Washington are in the process of creating similar legislation based on Montana's precedence.

    I ask that we Floridians follow suite and take the necessary steps to protect the liberties our Founding Fathers so painstakenly created for the states and the individual. Let's join our brothers and sisters in a quiet but stern voice.

    Thank you and God Bless the U.S.

  6. #6
    Distinguished Member Array tinkerinWstuff's Avatar
    Join Date
    Jun 2008
    Location
    Colorado Front Range
    Posts
    1,263
    (4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
    does this mean shotguns are not included in this bill?
    "Run for your life from the man who tells you that money is evil. That sentence is the leper's bell of an approaching looter. So long as men live together on earth and need means to deal with one another-their only substitute, if they abandon money, is the muzzle of a gun."

    Who is John Galt?

  7. #7
    VIP Member Array packinnova's Avatar
    Join Date
    Jun 2006
    Location
    VA
    Posts
    4,315
    Quote Originally Posted by tinkerinWstuff View Post
    does this mean shotguns are not included in this bill?
    I suspect they intended that to be for FA items, but the way it reads, one could probably interpret it that way. I hope they clean up the language a bit.
    "My God David, We're a Civilized society."

    "Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the crap out of them; no more rules...You'll see how primitive they can get."
    -The Mist (2007)

  8. #8
    Member Array MiloSC's Avatar
    Join Date
    Dec 2008
    Location
    South Carolina
    Posts
    190
    We have that FN Manufacturing plant in Columbia. They seem to have quite the nice assortment of products. Products - FN Manufacturing LLC

    Now I wonder how the Feds would react to FN picking up some civilian customers in SC.

    Edit: I didn't notice that this bill doesn't apply to "a firearm that discharges two or more projectiles with one activation of the trigger or other firing device. "
    Oh well, I guess I can dream.
    When in doubt empty the magazine.

    "There is nothing so likely to produce peace as to be well prepared to meet the enemy." - George Washington

  9. #9
    Member Array GizmoHD's Avatar
    Join Date
    Feb 2009
    Location
    Lexington, SC
    Posts
    78
    There is similar legislation that has been entered in to the House now...

    2009-2010 Bill 4022: Subject not yet available - South Carolina Legislature Online
    A BILL

    TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "SOUTH CAROLINA FIREARMS FREEDOM ACT", TO PROVIDE THAT A FIREARM, FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN SOUTH CAROLINA IS EXEMPT FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE CONSTITUTION OF THE UNITED STATES.

    Whereas, the tenth amendment to the United States Constitution guarantees and reserves for the states all powers not granted to the federal government in the Constitution; and

    Whereas, the ninth amendment to the United States Constitution guarantees to the people rights not granted in the Constitution and reserves to the people of South Carolina certain rights. The guaranty of those rights is a matter of contract between the state and people of South Carolina and the United States; and

    Whereas, the regulation of intrastate commerce is vested in the states under the ninth and tenth amendments to the United States Constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition; and

    Whereas, the second amendment to the United States Constitution reserves to the people the right to keep and bear arms as that right was understood at the time that South Carolina was admitted to statehood in 1788, and the guaranty of the right is a matter of contract between the state and people of South Carolina and the United States as of the time that the compact with the United States was agreed upon and adopted by South Carolina and the United States in 1788; and

    Whereas, Article I, Section 20 of the South Carolina Constitution, 1895, clearly secures to South Carolina citizens, and prohibits government interference with, the right of individual South Carolina citizens to keep and bear arms. This constitutional protection is unchanged from the 1895 South Carolina Constitution, which was approved by Congress and the people of South Carolina, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by South Carolina and the United States in 1895. Now, therefore,

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

    SECTION 1. Chapter 31, Title 23 of the 1976 Code is amended by adding:

    "Article 9

    South Carolina Firearms Freedom Act

    Section 23-31-700. This article may be cited as the 'South Carolina Firearms Freedom Act'.

    Section 23-31-705. For purposes of this article:

    (1) 'Borders of South Carolina' means the boundaries of South Carolina described in Article I, Section 1 of the South Carolina Constitution, 1895.

    (2) 'Firearms accessories' means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including, but not limited to, telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.

    (3) 'Generic and insignificant parts' includes, but is not limited to, springs, screws, nuts, and pins.

    (4) 'Manufactured' means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including, but not limited to, forging, casting, machining, or other processes for working materials.

    Section 23-31-710. (A) A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in South Carolina and that remains within the borders of South Carolina is not subject to federal law or federal regulation, including registration, under the authority of Congress to regulate interstate commerce.

    (B) This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in South Carolina from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state.

    (C) Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition.

    (D) Basic materials such as unmachined steel and unshaped wood are not firearms, firearms accessories, or ammunition.

    (E) Basic materials are subject only to intrastate commerce regulation.

    (F) Firearms accessories that are imported into South Carolina from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in South Carolina.

    Section 23-31-715. This article does not apply to the following:

    (1) a firearm that cannot be carried and used by one person;

    (2) a firearm that has a bore diameter greater than one and one half inches and that uses smokeless powder, not black powder, as a propellant;

    (3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or

    (4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.

    Section 23-31-720. A firearm manufactured or sold in South Carolina pursuant to this article must have the words 'Made in South Carolina' clearly stamped on a central metallic part, such as the receiver or frame."

    SECTION 2. This act takes effect upon approval by the Governor.
    "Deeds Not Words" - Motto of the USS Gettysburg
    NRA Life Member
    http://www.alioofficium.com/ (Personal Responsibility)

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. State of Texas and Utah permit
    By Coder in forum Concealed Carry Issues & Discussions
    Replies: 19
    Last Post: January 11th, 2011, 12:39 PM
  2. Glenn Beck on May 7th... Utah and Texas following Montana's lead...
    By PointnClick in forum The Second Amendment & Gun Legislation Discussion
    Replies: 40
    Last Post: May 15th, 2009, 06:40 PM
  3. Montana Joined by Alaska & Texas - Guns not under ATF
    By DOGOFWAR01 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 18
    Last Post: April 23rd, 2009, 11:33 AM
  4. Montana "Bills" - Self Defense, Montana Made Guns & Ammo, and National Park Carry
    By DOGOFWAR01 in forum The Second Amendment & Gun Legislation Discussion
    Replies: 0
    Last Post: March 27th, 2009, 10:19 PM
  5. Texas Carjacker Dies of Lead Poisoning
    By CT-Mike in forum In the News: The Good, the Bad and the Ugly
    Replies: 9
    Last Post: February 7th, 2008, 10:25 PM

Search tags for this page

s.c gun laser laws
,
south caroline gun law commerce clause
,
texas ,montanna , utah
,

texas house bill 700 discussion

,
texas montana utah carolina
,

texas montana utah federal gun law

,
texas, montana and utah
Click on a term to search for related topics.