‘Constitutional carry’ a misnomer, well outside of good public policy

Over the objections of Republican and Democratic lawmakers, the S.C. House approved a second measure allowing people to openly carry handguns. The “constitutional carry” measure – no permit required – is a slap in the face to victims of gun violence and an affront to common sense about gun safety.

Earlier in this session of the General Assembly, the House approved an open carry measure, currently in the Senate Judiciary Committee, for persons who hold S.C. concealed carry permits.

With the first measure sent to the Senate, why would the House pass (69-47) a second open carry measure? Republicans speaking against the constitutional carry included the majority leader and the speaker pro tempore. Rep. Bart Blackwell of Aiken termed it “simply bad policy.”

Blackwell, a gun owner, was well aware of the political risks in opposing any gun safety measure. “It doesn’t make my constituents any safer. It doesn’t really do anything. It doesn’t make South Carolina a better place to live, or work or raise a family. And I would argue it even makes it less attractive to visit and to invest for business.”

AMENDMENT II

As reported by Maayan Schechter in The State, the constitutional carry measure was pushed by a handful of Republican representatives, who feel “legislation to allow open carry with a permit does not go far enough to support the Second Amendment.” (Bill of Rights, Amendments 1-10, Constitution of the United States.)

Legislators may satisfy vocal gun rights constituents by voting for constitutional carry – knowing that it probably will not pass the Senate. The more deliberative, sensible if you will, Senate gives the House political and cultural cover. That’s how it works when both chambers of a legislature are controlled by the same party, as Republicans have in Columbia.

In District of Columbia v. Heller, the Supreme Court of the United States reaffirmed the constitutional right to keep and bear arms. In that 2008 landmark decision, Justice Antonin Scalia wrote: “the right secured by the Second Amendment is not unlimited.” The late Justice Scalia was a champion of conservative values. In Heller, he wrote that it is “not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.”

Constitutional limits are ignored in the concept of “constitutional carry.” Mass shootings, like three recently in Indianapolis, Atlanta and Boulder, Colo., are commonplace. Public demands for more meaningful background checks are countered by claims about gun rights. Gun sales increase after senseless deaths of innocent people by someone who should not have an assault weapon.

PUBLIC SAFETY ISSUE

More S.C. legislators need to recognize that gun violence is a public health and safety issue. Ditto for Gov. Henry McMaster who declared he will support “anything that protects the people’s right to have and bear arms.”

That’s fine, governor, but how about protecting the people from gun violence?

Chief Mark Keel of the State Law Enforcement Division opposes both constitutional carry and with a permit. He sees the possibility of more “tragic interactions with law enforcement and the public and we’re not having that with our CWP statute.”

Other states’ experiences with open carry, especially permitted, have not resulted in increased crimes or problems, Sen. Greg Hembree of Little River said. He’s changed his mind about permitted open carry. Key to that is the training required for permits.

The limited time remaining in the current legislative session may be factors for either of the open carry measures. South Carolina does not need either, especially not constitutional carry. Citizens who feel likewise, should let their legislators know.