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Committee delays consideration of bill to dismiss pending pre–Constitutional Carry gun-possession charges

2886140 · April 3, 2025
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Summary

Law-enforcement representatives and the bill sponsor debated a measure to require dismissal of pending unlawful-handgun charges that arose before South Carolina's Constitutional Carry law; committee voted to adjourn debate to next week after questions about victims, bail and prosecutorial discretion.

A state Judiciary Committee meeting on April 3 heard testimony and debate on Senate Bill 136, a measure that would require the dismissal of pending charges for unlawful possession of a firearm or handgun if the alleged offense occurred before enactment of the state's Constitutional Carry law. Committee members voted to adjourn debate on the bill to next week.

The bill, sponsored in the Senate by Senator Tedder, would direct the state to dismiss pending unlawful-carrying charges tied to conduct that was decriminalized after the Constitutional Carry (Second Amendment Preservation) Act took effect. Senator Tedder told the committee the bill was intended to extend the same expungement and relief that the legislature gave to people with convictions when the law changed, but which did not cover people whose cases remained pending at the time the governor signed the act.

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