1 South Carolina General Assembly 2 118th Session, 2009-2010 3 4 H. 4509 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. M.A. Pitts, Duncan, Rice, J.R. Smith, Bedingfield, Pinson, Parker, D.C. Smith, 10 Hamilton, Millwood, V.S. Moss, Owens, Stringer, Wylie, G.R. Smith and Toole 11 Document Path: l:\council\bills\ggs\22479sd10.docx 12 13 Introduced in the House on February 2, 2010 14 Currently residing in the House Committee on Judiciary 15 16 Summary: Firearms 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 2/2/2010 House Introduced and read first time HJ88 23 2/2/2010 House Referred to Committee on Judiciary HJ88 24 2/16/2010 House Member(s) request name added as sponsor: G.R.Smith 25 3/25/2010 House Member(s) request name added as sponsor: Toole 26 27 28 VERSIONS OF THIS BILL 29 30 2/2/2010 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 165135 SO AS TO MAKE 13 FINDINGS OF THE GENERAL ASSEMBLY IN REGARD TO 14 A PERSON’S RIGHT TO KEEP AND BEAR ARMS, TO 15 PROVIDE THAT NO PUBLIC OFFICIAL OF ANY 16 JURISDICTION MAY REQUIRE REGISTRATION OF 17 PURCHASERS OF FIREARMS OR AMMUNITION WITHIN 18 THE BOUNDARIES OF THIS STATE, AND TO PROVIDE 19 PENALTIES FOR VIOLATION OF THIS SECTION WHICH IS 20 A FELONY. 21 22 Be it enacted by the General Assembly of the State of South 23 Carolina: 24 25 SECTION 1. Chapter 5, Title 16 of the 1976 Code is amended by 26 adding: 27 28 “Section 165135. (A) The General Assembly of the State of 29 South Carolina finds: 30 (1) No authority was given to the United States to limit or 31 restrict the right of the citizens of this State to keep and bear arms; 32 (2) The United States Congress and all federal agencies are 33 further expressly prohibited from infringing upon the rights of the 34 citizens of this State to keep and bear arms by the Second 35 Amendment to the Constitution of the United States which states: 36 ‘A well regulated militia, being necessary to the security of a 37 free state, the right of the people to keep and bear arms, shall not 38 be infringed.’; 39 (3) The 90th United States Congress attempted to exceed its 40 authority in violation of Article II of the Bill of Rights of the 41 United States Constitution in purporting to pass the socalled ‘gun 42 registration bill’ in the form of Public Law 90168;

[4509] 2 1 (4) Federal agents have flouted the United States 2 Constitution and foresworn their oath to support this Constitution 3 by requiring registration of the purchasers of firearms and 4 ammunition, and these requirements violate the limits of authority 5 placed upon the federal agents by the United States Constitution 6 and are dangerous to the liberties of the people; and 7 (5) Article XIII, Section 1 of the Constitution of South 8 Carolina, 1985, provides that all ablebodied male citizens between 9 the ages of eighteen and forty-five are members of the militia of 10 the State of South Carolina, and the effectiveness of these 11 members in suppressing civil disorder or resisting invasion is 12 impeded by infringing on the right of the people to keep and bear 13 arms, by requiring registration of firearms and purchase of 14 ammunition. 15 (B) Notwithstanding any other provision of law, no public 16 official of any jurisdiction may require registration of purchasers 17 of firearms or ammunition within the boundaries of this State. 18 (C) Any person violating the provisions of this subsection (B) 19 is guilty of a felony and upon conviction must be punished by a 20 fine not exceeding five thousand dollars, or a term of 21 imprisonment not exceeding five years, or both. 22 (D) Any aggrieved party shall also have a private action against 23 any person violating the provisions of subsection (B).” 24 25 SECTION 2. This act takes effect upon approval by the 26 Governor. 27 XX 28

[4509] 3