COLUMBIA, SC (FOX Carolina) – South Carolina Attorney General Alan Wilson filed a lawsuit Wednesday with the state Supreme Court asking the court to strike down numerous ordinances adopted by the city of Columbia concerning guns, according to a news release
“We have consistently advised for almost three decades, since 1991, that state law preempts local regulation of firearms. These ordinances clearly violate the state law that prohibits local governments from passing any gun laws or ordinances that regulate the transfer, ownership, or possession of firearms,” Attorney General Wilson said in the release.
Wilson filed the suit asking the South Carolina Supreme Court to hear the case in its original jurisdiction, which means the state’s highest court would hear the case without it working its way through other courts.
Wilson's office said, since 2015 Columbia has passed ordinances that would allow the city to confiscate firearms from those people who have Extreme Risk Protection Orders against them; banning the possession of firearms within 1000 feet of a public or private school; and prohibiting homemade firearms which have no serial number (known as ghost guns).
Wilson believes the ordinances violate state law and the Second Amendment.
Per the release, Wilson strongly supports Home Rule and the right of a city or county to protect its citizens, but the State Constitution and state law must be followed and that the state legislature has decided that the regulation of firearms is beyond the reach of a town, city, or county.
“The General Assembly, through state law, has reserved for itself the ability to protect its citizens’ Second Amendment rights. Therefore, the remedy for the City is to convince the Legislature to change the law, not to disregard it. In this case, the Second Amendment is paramount and cannot be undercut. We ask the Court to grant original jurisdiction first to uphold the rule of law and second to provide clear guidance to all local governments on future matters of gun regulation,” Wilson said.
You can read the lawsuit here.