(A) The State of South Carolina, and its political subdivisions, cannot be compelled by the federal government to take any legislative or executive action to implement or enforce a federal law, treaty, executive order, rule, or regulation related to an individual's right to keep and bear arms enshrined in the Second Amendment to the United States Constitution that limits or proscribes carrying concealable weapons, whether concealed or openly carried, as provided in this chapter.
(B) Any federal law, treaty, executive order, rule, or regulation related to limiting or proscribing the carry of concealable weapons must be evaluated by the Attorney General. The Attorney General shall issue a written opinion of whether the law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A).
(C) If the Attorney General renders an opinion that a federal law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A), then:
(1) no public funds of this State, or any political subdivision of this State, shall be allocated for the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation;
(2) no personnel or property of this State, or any political subdivision of this State, shall be allocated to the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation; and
(3) no official, agent, or employee of the State of South Carolina, or any political subdivision of it, shall implement, attempt to implement, enforce, or attempt to enforce that federal law, treaty, executive order, rule, or regulation.
HISTORY: 2021 Act No. 66 (H.3094), Section 9.A, eff May 17, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
Structure South Carolina Code of Laws
Title 23 - Law Enforcement and Public Safety
Section 23-31-10. Purchase of rifle or shotgun in another state.
Section 23-31-20. Purchase of rifle or shotgun in this State by resident of any state.
Section 23-31-110 to 23-31-200. Repealed by 2012 Act No. 285, Section 2, eff June 29, 2012.
Section 23-31-210. Definitions.
Section 23-31-215. Issuance of permits.
Section 23-31-216. Collection and retention of fees.
Section 23-31-217. Effect on Section 16-23-20.
Section 23-31-220. Right to allow or permit concealed weapons upon premises; signs.
Section 23-31-225. Carrying concealed weapons into residences or dwellings.
Section 23-31-230. Carrying concealed weapons between automobile and accommodation.
Section 23-31-232. Carrying concealable weapons on premises of certain schools leased by churches.
Section 23-31-235. Sign requirements.
Section 23-31-240. Persons allowed to carry concealable weapons within the State.
Section 23-31-310. Definitions.
Section 23-31-320. Exceptions to application of article.
Section 23-31-350. Article not applicable to antique firearms.
Section 23-31-400. Definitions; unlawful use of firearm; violations.
Section 23-31-410. Blood and urine testing.
Section 23-31-420. Presumptions.
Section 23-31-1010. Definitions.
Section 23-31-1050. Definitions for Sections 23-31-1030 and 23-31-1040.