South Carolina Lawmakers Move to Protect Citizens’ 2nd Amendment from Federal Gun Grab

COLUMBIA, SC – South Carolina State Senator Tom Corbin wants to get out in front of what seems to be an ominous and emboldened effort by Democrats in D.C. to impinge upon the Second Amendment rights of U.S. citizens, even entertaining mandatory buybacks that equate to confiscation.

While the gun grabbing moves would plainly violate the ‘Shall Not Be Infringed’ command in the U.S. Constitution. Many counties and states have already declared themselves ‘Second Amendment Sanctuaries,’ stipulating that no local or state resources will be expended to facilitate additional federal gun controls.

But that doesn’t mean the feds cannot come in themselves to do it, and that’s why Corbin crafted a novel piece of legislation to make sure that can’t happen. While the headlines scream ‘militia’ and seek to foment hysteria and marginalization, the nuance of the South Carolina proposal is critical.

Does it make every one in the Palmetto State over 17 years old a member of the militia? No, it does not; every able-bodied citizen of South Carolina that’s a least 17 years old is ALREADY a de facto member of the State’s ‘unorganized militia’ according to South Carolina law. It’s a vestige of having been one of the original American colonies that fought for independence from the British Crown and codified the Rights of the People in law.

Being that all those South Carolina citizens are already members of the unorganized militia, what Corbin’s bill does is clarify that the federal government’s gun control measures do not apply to these citizens, and, importantly, the bill defines the weaponry said militia members can legally possess, regardless of any federal legislation to the contrary:

“SECTION    1.    Article 1, Chapter 1, Title 25 of the 1976 Code is amended by adding:

“Section 25-1-80.    (A)    Pursuant to the provisions of Section 25-1-60, an able-bodied citizen of this State who is over seventeen years of age and can legally purchase a firearm is deemed a member of the unorganized militia, unless he is already a member of the National Guard or the organized militia not in National Guard service.

(B)    The unorganized militia will be under the supervision of the Governor, who shall serve as commander-in-chief, and the Adjutant General and shall be regulated through the actions of the General Assembly.”

(C)    The powers and duties of the unorganized militia include:

(1)    the unorganized militia may be ordered to active duty pursuant to the provisions of Section 25-1-1890;

(2)    an unorganized militia member, at his own expense, shall have the right to possess and keep all arms that could be legally acquired or possessed by a South Carolina citizen as of December 31, 2020. This includes, but is not limited to, shouldered rifles and shotguns, handguns, clips, magazines, all components, and all ammunition fitted for such weapons;

(3)    the unorganized militia may not fall under any law or regulation or the jurisdiction of any person or entity outside of South Carolina; and

(4)    an unorganized militia member may resign at any time from the unorganized militia, at which time he will resume his civilian status.”

How about that? This would make South Carolina a leader in protecting Second Amendment rights against the Left’s fresh gun confiscation fantasies, which have become all too tangible now that they control the levers of power in Washington, D.C.

‘That’ll never happen,’ some might say; but, if the last year has taught us anything, it’s that this is a dangerously naive way of thinking.

Here in North Carolina, knowing ‘The 12th State’ was an O.G. of the American Revolution, you might be wondering, “Do we have an ‘unorganized militia’?”

Why, yes. Yes we do.

Ҥ 127A-7. Composition of unorganized militia.

The unorganized militia shall consist of all other able-bodied citizens of the State and of the United States and all other able-bodied persons who have or shall declare their intention to become citizens of the United States, who shall be at least 17 years of age, except those who have been convicted of a felony or discharged from any component of the military under other than honorable conditions. (1917, c. 200, s. 4; C.S., s. 6794; 1949, c. 1130, s. 1; 1963, c. 1016, s. 2; 1975, c. 604, s. 2; 1983, c. 314, s. 1; 2011-195, s. 1(a).)”

So what does this mean for North Carolinians, then, in light the Left’s current salivation over draconian gun grabs?

It means, borrowing from S.C. Senator Tom Corbin’s novel proposal, N.C. lawmakers must merely clarify in statute the weaponry every member of the ‘unorganized militia of North Carolina’ — every able-bodied citizen, 17 years and older — can legal possess and keep, regardless of whatever (unconstitutional) federal gun bans emanate from Capitol Hill between now and 2022.

If you think your state representative should be the one to file such a bill, let them know it, before it’s too late.