McMaster again vetoes dismissal of now-obsolete gun charges
COLUMBIA, S.C. (WRDW/WAGT) - An effort to dismiss hundreds of pending gun charges across South Carolina is now on hold.
For the second year in a row, Gov. Henry McMaster has vetoed a bipartisan bill that would impact people facing charges for actions that are no longer crimes in South Carolina.
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Twice now, including this year, the bill has ed the General Assembly with broad .
And twice, McMaster has vetoed it.
But the legislation’s lead sponsor remains optimistic his bill could still be enacted.
“The majority of the Legislature understands and realizes that this is a necessity,” said Sen. Deon Tedder, D-Charlestgon.
The bill would automatically dismiss pending charges for unlawful possession of a handgun if that offense is no longer illegal after the implementation of South Carolina’s permitless-carry law last year.
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For example, these could include people who were charged because their gun found under the seat of their car instead of stored in a place like the glovebox or center console.
If the unlawful possession charge is used as probable cause for another offense, that other charge would not be automatically dismissed under this bill.
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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 those pending charges.
McMaster wrote in his veto message that he’s concerned about taking away prosecutors’ discretion – and believes these charges should be handled on a case-by-case basis.
“To go back in time and say something is not a crime anymore but it was a crime when it was committed, I think, just leads the justice system to earn uncertainty and bad results,” he said.
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The General Assembly can override gubernatorial vetoes with two-thirds of in each chamber.
This week, senators unanimously voted to do that.
But the House of Representatives adjourned without taking a vote – and lawmakers aren’t planning to be back in session the rest of this year.
But that doesn’t mean the bill is dead.
House could vote on overriding the veto when they return in January for the second year of this two-year legislative session.
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