Gun Legislation Approved Unanimously in Senate Committee

On Tuesday afternoon, the Senate Judiciary Committee unanimously approved a bill that would “prohibit a person adjudicated mentally incapacitated or committed to a mental institution from possessing or acquiring a handgun.”

Senate Bill 413 will now move to the full Senate for debate.

The measure has been backed by bi-partisan groups including State Attorney General Alan Wilson, Rep. Leon Stavrinakis (D – Charleston) and the NRA. It is also similar to legislation proposed by Sen. Lindsey Graham.

The bill the committee approved was not done so without lengthy debate. People who are so judged are put on a list that is part of a national database and the lawmakers wondered how someone got off that list once they were on it. There were some questions by lawmakers about it what it means to be “adjudicated.” Those questions are expected to again be addressed in the full Senate.

Before voting in the affirmative, Sen. Lee Bright (R – Spartanburg) cautioned against the bill, saying that it could lead to a slippery slope where someone judged to be mentally incapacitated could be denied a driver’s license. Bright was reminded that driving a vehicle is not a constitutional right.

Some Senators, particularly Chip Campsen (R – Charleston) and Chauncey Gregory (R – Lancaster) grew visibly frustrated as debate extended beyond the parameters of the legislation.

Gregory said that if this legislation had been in place, it’s likely Alice Boland would have been prevented from obtaining a firearm. Earlier this year, Boland pointed a gun at individual on the grounds of Ashley School but it malfunctioned. Gregory added that the legislation would have prevented the Virginia Tech shooter from getting a gun. He eventually shot and killed 3 people, wounding dozens more.

Prior to the final vote, Campsen described the bill as “narrow and measured,” noting that it was “respectful of Second Amendment rights.”

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