H. 3298

GrassRoots GunRights analysis of H. 3298:

H. 3298 would allow a person to possess a handgun "stowed under a seat" in a vehicle in addition to the already existing allowances for possession in "a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle."

Unfortunately, H. 3298 is poorly drafted and will create problems for gun owners. Section 16-23-10(10) specifically prohibits stowing a handgun under a vehicle's seat. Yet, H. 3298 fails to address the conflict created between Section 16-23-20(9) as amended by H. 3298 and Section 16-23-10(10) if left unamended. Rather than leave this conflict for the courts to sort out after some poor gun owner is arrested and prosecuted, it would be better to save that poor gun owner the time and expense of litigation by fixing the problem now.

GrassRoots GunRights proposes amending H. 3298 to include amending Section 16-23-10(10) as follows:

The above GrassRoots GunRights proposed amendment will resolve the conflict between Section 16-23-10(10) and the language in H. 3298 as originally drafted. Adopting the GrassRoots GunRights proposed amendment will save some poor gun owner from buying another yacht for another attorney to fix a problem that could and should be fixed by the legislative branch - not the judicial branch - of government.

While at first glance one might question why a person would want to keep a handgun under the seat of a vehicle, there actually are times when keeping the handgun under a seat is a preferred location. For example,

• Some gun owners would like to have a gun safe installed under the seat of their vehicle for safe storage of their handgun. But, under existing SC law, storing a handgun in a gun safe under the seat would be illegal.

• Many vehicles are built with appropriate storage bins under the seat. Stowing a handgun under the seat could be the most convenient alternative since some of those vehicles do not have a console and the glove box is full of other things.

• A concealed weapon permit holder driving a high riding SUV might find it preferable to store his self defense side arm under the driver's seat when needing to disarm to enter a prohibited carry location. It is easier for many to disarm while standing up than it is to do while seated. Thus, stepping out of his vehicle and then storing the handgun under the driver's seat would be more convenient than trying to climb back into the vehicle to store it in a glove compartment or console.

GrassRoots GunRights supports H. 3298 if amended as proposed above to resolve the conflict with Section 16-23-10(10).