S.C. lawmakers want to dismiss many charges over gun carrying
COLUMBIA, S.C. (WRDW/WAGT) - Right now, hundreds of South Carolinians – maybe even more – face pending criminal charges for actions that are legal under current state law.
Now some lawmakers want to dismiss those charges, but others believe it’s a bad idea.
Last year, South Carolina’s permitless carry gun law was enacted – and certain gun offenses that had previously been illegal no longer were.
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People convicted of these offenses prior to the new law’s enactment can try to get their convictions expunged, but the law doesn’t for pending charges.
“If something’s pending, this is a hindrance for people, whether it’s getting a job, moving forward with their life, even having a right to carry a firearm,” said Sen. Deon Tedder, D-Charleston, the bill’s lead sponsor.
Tedder says that’s the situation in which hundreds of South Carolinians still find themselves.
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His bipartisan bill would automatically dismiss pending charges for unlawful possession of a handgun — if that offense is no longer illegal after the implementation of the permitless carry law.
For example, these could include people who were charged because their gun was found under the seat of their car and not properly stored in a place like the glovebox or center console.
“This is for the, ‘You have your gun in the wrong place,’” Tedder said. “This is not a possession of a weapon of a felon or someone who is committing a burglary with a weapon.”
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If the unlawful possession charge is used as probable cause for another offense, that other charge would not be automatically dismissed under this bill.
Law enforcement officials have concerns about the bill – and believe dismissals should be handled on a case-by-case basis – according to JJ Jones with the South Carolina Police Chiefs Association.
“I have 16 solicitors in this state and an attorney general that I trust to prosecute our cases, and they do have discretion with their cases, and I trust those 17 individuals to do justice in South Carolina. … If we do it carte blanche, a victim’s going to fall through the crack, in my opinion,” Jones said.
That sentiment was shared by Gov. Henry McMaster when he vetoed identical legislation last year – and time ran out before the full General Assembly could vote on whether to override his veto.
So far, the Senate has unanimously ed the newer version of the bill – and it now sits in the House Judiciary Committee.
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So it could reach the governor’s desk once again – with just a few more approvals.
When the governor signed the permitless carry law last year – more than 8,500 unlawful gun possession charges were pending across the state.
That’s according to South Carolina’s court system – which says the vast majority of these cases have already been disposed, which can include both dismissals and convictions.
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