Bill History

A chronological history of GrassRoots activities concerning S.458

S. 458: A bill to prohibit participating in the sale, renting or giving away of metal or brass knuckles either directly or indirectly. The bill also defines metal or brass knuckles as a “weapon” and adds metal or brass knuckles to the list of weapons prohibited on school property (unless by law enforcement officers). But, the most significant change is a very small wording change that most people would fail to notice in Section 16-23-405 wherein a weapon - and that means a firearm, not just metal or brass knuckles - can be disposed of after it is confiscated by law enforcement. Current law requires that the weapon can not be disposed of until ALL legal proceedings involving the firearm are finally determined. But, this bill would allow the weapon to be disposed of after a single legal proceeding is finally determined even if there are additional legal proceedings yet to be finally determined. The harm caused by having expensive firearms or family heirlooms destroyed before final determinations are made in ALL legal proceedings is too great to allow this bill to pass as drafted.
Principles Involved: The 2nd Amendment protects “arms”, not just firearms. Thus, banning metal or brass knuckles is unconstitutional (assuming that there is evidence that the military uses metal or brass knuckles). Allowing government the power to dispose of private property before final determinations are reached in all legal proceedings involving that private property is a denial of due process and a denial of property rights. Also, if metal or brass knuckles are too evil for citizens to possess, then they should be too evil for law enforcement to possess, too.
GrassRoots Position: GrassRoots opposes this bill.
Current Status: In Senate Judiciary subcommittee.
Primary Sponsor: Thomas
Full Text: http://www.scstatehouse.net/sess117_2007-2008/bills/458.htm

Feb. 20, 2007 Senate Introduced and read first time. Referred to Committee on Judiciary.
Feb 22, 2007 Senate Referred to Subcommittee: Hutto (ch), Jackson, Knotts, Bryant.