(A) Findings and determinations. The Mayor and Council of the town hereby finds and determines:
(1) The South Carolina General Assembly passed the Open Carry with Training Act (hereinafter, “the Act”), and Governor Henry D McMaster signed the Act into law on 5-17-2021, being H*3094;
(2) Due to the Act’s 90-day implementation delay, the law will not go into effect until 8-15-2021;
(3) The Act will allow for a person to carry a handgun openly on or about his or her person so long as the person has received a valid concealed weapons permit from the state’s Law Enforcement Division, pursuant to the provisions set forth in S.C. Code Art. 4, Ch. 31, Title 23;
(4) Pursuant to amended S.C. Code § 23-31-520, counties and other local governments throughout the state may temporarily restrict the otherwise lawful open carrying of a firearm on public property during certain events; and
(5) The Town Council wishes to provide guidance to the citizens of the town in response to the Act and to provide for the public health and safety for the citizens of the town by its regulation of the open carrying of a firearm on public property during certain events.
(B) Temporary restriction of open carry on public property with permit.
(1) Notwithstanding another provision of law, the town may temporarily restrict the otherwise lawful open carrying of a firearm on public property when issuing a permit to allow a public protest, rally, fair, parade, festival or other organized event. However, if a permit is not applied for and issued prior to an event as described in this subsection (B)(1), the town may not exercise the provisions of this subsection (B)(1).
(2) Permits shall be required of any person or entity hosting a protest, rally, fair, festival or other organized event on public property.
(3) A person or entity hosting a public protest, rally, fair, parade, festival or other organized event must post signs at the event when open carrying is allowed or not allowed at the event pursuant to the terms of the issued permit
(4) The town, when exercising the authority granted to them by amended S.C. Code § 23-31-520, must be specific in the area, duration and manner in which the restriction upon open carry is imposed and must provide prior notice of the restriction when feasible. In no event may the restriction extend beyond the beginning and conclusion of the event or beyond the location of the event.
(5) The duration of an event may not be scheduled for such a length of time as to frustrate the intent of this section.
(6) The town may not confiscate a firearm or ammunition for a violation of this section unless incident to an otherwise lawful arrest.
(C) Authority to act. The Mayor, Town Council, Clerk to Council, Town Administrator, Town Attorney and all other appropriate officials of the town are authorized and directed to take such actions and do any and all things necessary or desirable in connection with implementing this section and effectuating the intent of this section.
(Ord. 2021-12, passed 12-14-2021)