The Baptist Courier

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Legislative Update: Open Carry, REACH Act approved

Tony Beam

Tony Beam

Tony Beam is senior director of church and community engagement and public affairs at North Greenville University, and policy consultant for the South Carolina Baptist Convention

Don’t be surprised if you walk into your neighborhood drug store or supermarket and see people walking around with their firearms strapped openly to their sides. On Aug. 15, South Carolina joined 13 other states that allow the licensed open carry of handguns. South Carolinians who have a concealed weapons permit may now carry their handgun openly in many circumstances and may also display their handgun openly in their vehicle. The Open Carry with Training Act cancels the $50 fee charged by the state for concealed weapons permits and allows church officials to carry openly on church grounds and on school grounds that are being leased for use by a church during services or other official church activities.

The new law does have several limitations and should not be confused with “constitutional carry,” which would allow anyone to openly carry a handgun. Only licensed CWP holders may carry a handgun either concealed or openly. Business and private property owners are still permitted to prohibit the carrying of firearms, concealed or open, if they display the signage that meets the requirements of the law. Local governments are permitted to ban the open carrying of firearms on public property during certain events described in the law. The law also contains a provision that bars state and local government agencies from implementing or enforcing any federal law that abridges Second Amendment rights.

Another law that will take effect with the beginning of the 2021-2022 school year is the Reinforcing College Education on America’s Constitutional Heritage, or REACH, Act. The law, ratified on April 28 of this year, requires all public high schools to give instruction in the essentials of the United States Constitution, the Declaration of Independence, the Emancipation Proclamation, and the Federalist Papers. In order to graduate from high school, students must pass a satisfactory examination on the provisions and principles contained in the previously listed historical documents. The law requires institutions of higher learning to require each undergraduate student (with the exception of those who complete three semester credit hours or the equivalent of an Advanced Placement course or duel enrollment course in American Government) to complete three semester credit hours and pass a comprehensive examination on the documents included in the legislation.

On June 21, the South Carolina Legislature wrapped up its work on the 2021-2022 fiscal budget. The $30.1 billion budget includes money for a $1,000 salary increase for teachers and enough additional funds to make sure every school has a resource officer, a nurse, and access to mental health counselors. Other provisions include $500 million for the state’s “rainy day fund,” a little over $21 million for training and raises for law enforcement officers, $40 million for job training programs and expanded rural broadband access, and approximately $13 million for outdoor public spaces and parks. Gov. Henry McMaster vetoed 226 earmarks totaling just over $152 million, but the Legislature overwhelmingly overrode all but $14 million of the governor’s vetoes. The budget took effect on July 1 of this year.

Bills to watch for the 2022 session that will begin in January include Hate Crimes (H3620); the Compassionate Care, or Medical Marijuana, Act (S150); Save Women’s Sport (S531); and Sen. Josh Kimbrell’s Senate bill that would protect the free speech rights of mental health professionals and counselors. The bill is a response to legislation passed by the City of Columbia banning conversion therapy or any counseling for LGBTQ individuals who wish to exit their lifestyle choice.