New freedom legislation proposed in South Carolina

[fastpat]

While I do not yet know what chance this legislation has for passage, that it's introduced at all in a state legislature is a positive sign, and a blow for the power of a state over the thuggish federal government. Hurrah!

H. 3464

"Article 9

South Carolina Firearms Freedom Act

Section 23-31-700. The General Assembly declares that:

(1) The Tenth Amendment to the United States Constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the State and people of South Carolina certain powers as they were understood at the time that South Carolina was admitted to statehood. The guarantee of those powers 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.

(2) 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 as they were understood at the time that South Carolina was admitted to statehood. The guarantee of those rights 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.

(3) 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, and the guarantee of that 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.

(4) Article 1, 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.

Section 23-31-710. As used in this article:

(1) 'Borders of South Carolina' means the boundaries of South Carolina defined in Title 1 of the 1976 Code of Laws.

(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 suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.

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

Section 23-31-720. 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 the United States Congress to regulate interstate commerce. It is declared by the General Assembly that those items have not traveled in interstate commerce. 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. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into South Carolina and incorporation into a firearm, a firearm accessory, or ammunition manufactured in South Carolina does not subject the firearm, firearm accessory, or ammunition to federal regulation. 'Generic and insignificant parts' includes, but is not limited to, springs, screws, nuts, and pins. Basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of the United States Congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in South Carolina from those materials. 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 23-31-730. This article does not apply to:

(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 23-31-740. A firearm manufactured or sold in South Carolina under 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.