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South Carolina Attorney General Alan Wilson Sues the City of Columbia Over Its Gun Laws

South Carolina Attorney General Alan Wilson has sued the City of Columbia demanding the repeal of its gun control legislation. Wilson filed the lawsuit directly in the South Carolina Supreme Court to avoid going through the lesser courts. The Attorney General had advised the city that the laws were unconstitutional due to pre-emption laws that forbid local authorities from passing their own gun control laws to ensure uniformity in state gun legislation.

Under the preemption law quoted by the Attorney General, S.C. Code Ann. §23-31-510: “No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms or any combination of these things.”

Wilson had informed the city Mayor Steve Benjamin about the illegality of the laws in a letter. However, the Mayor disagreed with him claiming that the laws were necessary to protect the people. The controversial laws prohibit the possession of guns within 1,000 feet of the city’s schools as well as allowing the confiscation of firearms from individuals who are perceived as being a threat. The lawsuit also mentions an earlier ordinance that banned the use of ghost guns.


Meanwhile, Lt. Gov. Dan Patrick is pushing universal background checks in our state, and if left unchecked, it will not be long until we see bills like this getting traction in Austin. Texas is embarrassingly ranked 29th for gun rights, and with the help of the political elites in Austin, we will surely rank among New York, California, and Illinois if left to their own devices. Please join our fight today, and help us restore Texas' place as the standard for the U.S.

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