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H 3436
Session 120 (2013-2014)


H 3436 General Bill, By Wood, Pitts, Loftis, Chumley, H.A. Crawford, Riley, 
J.R. Smith, Wells, Toole, Newton, Erickson, Huggins, Kennedy, Delleney, Felder, 
Gagnon, Goldfinch, Hamilton, Henderson, Herbkersman, Hixon, D.C. Moss, 
V.S. Moss, Owens, Pope, Sandifer, Simrill, G.R. Smith, Spires, Stringer, Thayer, 
Allison, Clemmons, Hardee, Barfield, Ryhal and Taylor
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 25-1-80 SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE SOUTH
 CAROLINA UNORGANIZED MILITIA.

   01/29/13  House  Introduced and read first time (House Journal-page 13)
   01/29/13  House  Referred to Committee on Judiciary
                     (House Journal-page 13)
   02/07/13  House  Member(s) request name added as sponsor: Allison,
                     Clemmons, Hardee, Barfield, Ryhal
   02/19/13  House  Member(s) request name added as sponsor: Taylor



VERSIONS OF THIS BILL

1/29/2013



H. 3436

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-80 SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA UNORGANIZED MILITIA.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 1, Title 25 of the 1976 Code is amended by adding:

"Section 25-1-80.    (A)    Pursuant to the provisions of Section 25-1-60, an able-bodied citizen of this State who is over seventeen years of age and can legally purchase a firearm is deemed a member of the South Carolina Unorganized Militia, unless he is already a member of the National Guard or the organized militia not in National Guard service.

(B)    The unorganized militia will be under the supervision of the Governor, as Commander-in-Chief, and the Adjutant General and shall be regulated through the actions of the General Assembly.

(C)    The powers and duties of the South Carolina Unorganized Militia include:

(1)    The militia may be ordered to active duty pursuant to the provisions of Section 25-1-1890.

(2)    A militia member, at his own expense, shall have the right to possess and keep all arms that could be legally acquired or possessed by a South Carolina citizen as of December 31, 2012. This includes shouldered rifles and shotguns, handguns, clips, magazines, and all components.

(3)    The unorganized militia may not fall under any law or regulation or jurisdiction of any person or entity outside of South Carolina.

(4)    A member may resign at any time from the unorganized militia, at which time he will resume his civilian status."

SECTION    2.    This act takes effect upon approval by the Governor.

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