COLUMBIA, S.C. — More than a thousand individuals across South Carolina are facing pending gun-related charges that were illegal before Governor Henry McMaster signed the state's open carry law in March.
A bill awaiting McMaster’s signature aims to offer those with gun charges and convictions a fresh start.
"It's not a 'Get Out of Jail Free' card, but it's simply to make sure we're protecting people's rights under the new law that we passed,” said lead sponsor Senator Deon Tedder.
The permitless carry law allows individuals with convictions for previously illegal gun offenses since March 7 to expunge their records. Yet, the law's wording introduces a loophole, leaving many with pending charges uncertain about potential dismissals by prosecutors.
For instance, a person convicted a day before the law's enactment can have their conviction expunged, while someone convicted a day after lacks this option.
“What this does is fixes that, and accounts for those people who have pending charges of a violation that is no longer unlawful,” said Tedder.
Before the law's enactment, unlawful possession was a prevalent charge in South Carolina, according to fifth circuit solicitor Bryan Gipson, Fifth Circuit Solicitor.
“If you had a gun and it was stowed in the car, if it was on top of the car seat or in the backseat or under the seat or someplace other than a glove compartment or console or latch compartment, there's a chance you could be charged with unlawful carry,” said Gipson.
According to Gipson, prosecutors across the state have already agreed to dismiss many of the pending charges.
“If there's a charge that tomorrow is declared legal, then we're prosecuting people in the past for doing something that's illegal today,” said Gipson. “There's an ethical dilemma there.”
The bill would not require solicitors to drop charges for which the gun offense served as the probable cause.
“We don't have to throw out all of the cases now. We still have a pathway to pursue you know, a proper prosecution of those matters. And that's what we intend to do,” said Gipson.
The bill takes immediate effect upon the governor's signature.
Gipson noted that expungement of charges typically takes about three months.