Weapon debate ignites as Horry County gets closer to ‘Second Amendment’ sanctuary status
Horry County is one step closer to legally declaring itself a “Second Amendment Sanctuary,” but it didn’t happen without outcries from the public.
County Council voted 10-1 to approve the second reading of an ordinance that would require the county to oppose any gun control ordinances. Council Member Harold Worley voted against it.
Council Member Tyler Servant was not present for Tuesday’s meeting.
Governments across the country have been declaring themselves gun sanctuaries in response to firearm control measures considered by Virginia at the end of 2019.
Essentially the new law means Horry County will not ask its police to enforce gun control measures passed at the state and national level. While local officials cannot supersede higher governments, it can set priorities for local safety officers and determine what measures will be funded.
Horry County first proposed becoming a sanctuary earlier this year but the second reading was delayed one meeting due to supporter Council Member Al Allen’s absence at the last meeting. He thinks Horry County needs to join dozens of other governments in becoming a Second Amendment Sanctuary.
Allen, who has championed the ordinance since it was proposed, said criminals will get guns regardless of laws, but this ordinance shows local leaders won’t be party to stopping law abiding citizens from owning guns.
“We may never have to address this again … but maybe what happened in Virginia could happen here,” Allen said.
Worley, a gun owner and the lone opposing vote, said the sanctuary measures were unnecessary and possibly violate parts of the Constitution giving preference to higher levels of government. He supports the Second Amendment, but doesn’t support Horry County not following rules of law and order.
“When I took my oath, I swore to support the Constitution,” Worley said. “This ordinance defies the Constitution.”
Horry County Attorney Arrigo Carotti said both the United States and South Carolina constitutions require local government not conflict with the higher levels of federalism.
County Chairman Johnny Gardner said right now there are no laws that the approved ordinance would conflict with.
Council Member Bill Howard said he thinks folks are confused about the intent of the ordinance. He said this doesn’t change anything other than provide more security to existing Second Amendment laws.
“It doesn’t hurt to put an umbrella over the umbrella,” Howard said. “It’s not hurting anybody.”
The third and final vote of the ordinance should be held on March 24. If ultimately approved, it will be written into law for Horry County.
Worley said he will probably still vote no on the ordinance on third reading, but is unsure if any other council members will change their mind. He also said he could change his mind if he hears a better argument for why the ordinance is needed.
Even with the Second Amendment Sanctuary ordinance on the books, Worley believes the county will pass an ordinance making it illegal to fire a gun within 300 feet of a home in the more urban areas of the county. Previous attempts to further limit where you can discharge a firearm have failed, including an amendment proposed by Worley on Tuesday.
“In the municipalities you cannot fire a gun unless it is for public safety,” Worley said. “Times have changed in Horry County.”
What does the public think?
While the ordinance still needs a third reading, passing second reading is the biggest hurdle a new law faces due to it also coinciding with public hearings.
Tony Raffone, who opposes the ordinance, quoted the late Supreme Court Justice Antonin Scalia, who said the Second Amendment is not unlimited. He said this ordinance is an unnecessary statement that violates the rule of law and the roles of government to determine constitutionality.
“Courts are tasked with determining the constitutionality of laws, not local governments,” he said. “Who will pick and choose what laws Horry County will and will not support?”
Elizabeth Bowens, President of the South Carolina Mothers Against Violence, lost her son to gun violence and is opposed to any glorification of guns. She said it is your right to own a gun in your home, but guns can lead to violence in the public.
“If you have not been affected by a gun and lost a loved one, we’re here to let you know. It is devastating to lose a child, it’s devastating to lose a loved one,” Bowens said.
Chad Caton, who supports the ordinance, said this law only means that Horry County will not enforce gun control regulations. He said the Constitution protects citizens to keep arms to prevent government overreach and Horry County should have no role in opposing that.
“It will have to be outside influence that comes and takes our guns,” Caton said.
Christopher Vernon, a supporter of the ordinance, said he has been the victim of gun violence and has defended his home from a robber. He wants reassurance that local government respects his right to lawfully own a gun.
“My weapons have never killed anybody. They have never broken a law. The people who come to you use that weapon to violate the law,” he said.
This story was originally published March 10, 2020 at 7:55 PM.
