A concurrent RESOLUTION

 

TO REAFFIRM THE CONSTITUTIONAL RIGHT OF THE PEOPLE TO PEACEABLY ASSEMBLE AND TO KEEP AND BEAR ARMS, TO RECOGNIZE THESE RIGHTS AS FOUNDATIONAL TO A FREE SOCIETY, AND TO CALL FOR THEIR RESPECT AND PROTECTION BY ALL LEVELS OF GOVERNMENT.

 

Whereas, the Constitution of the United States was established by the people to secure the blessings of liberty, establish justice, ensure domestic tranquility, and preserve a system of self-governance grounded in the consent of the governed; and

 

Whereas, the Constitution declares and protects fundamental rights that preexist government and are essential to liberty, democratic accountability, and the rule of law; and

 

Whereas, the First Amendment to the Constitution of the United States guarantees the right of the people to freedom of speech, freedom of expression, the right to peaceably assemble, and the right to petition the government for a redress of grievances; and

 

Whereas, these First Amendment protections safeguard the ability of the people to criticize government action, express dissenting or unpopular views, engage in lawful protest and demonstration, and participate meaningfully in civic life without fear of retaliation, suppression, or viewpoint-based discrimination; and

 

Whereas, the preservation of First Amendment freedoms requires that laws and policies governing public order be enforced in a content neutral and evenhanded manner, consistent with due process and equal application of the law; and

 

Whereas, the Second Amendment to the Constitution of the United States affirms that the right of the people to keep and bear arms shall not be infringed, recognizing an individual right central to personal liberty and self-defense; and

 

Whereas, the right to keep and bear arms has historically been understood as a safeguard of individual security, the protection of family and home, and the preservation of a free society; and

 

Whereas, the right to keep and bear arms is a declared constitutional right that does not depend upon government permission and may not be diminished through arbitrary, discriminatory, or inconsistent application of laws or policies; and

 

Whereas, constitutional rights secured by the First and Second Amendments are not mutually exclusive and must be respected and protected concurrently through consistent, lawful, and nondiscriminatory government action; and

 

Whereas, the erosion, selective enforcement, or unequal application of constitutional rights, whether through policy, practice, or enforcement decisions, undermines public trust and weakens democratic institutions; and

 

Whereas, it is the intent of the General Assembly that the constitutional rights reaffirmed herein serve as guiding principles for legislation, rulemaking, enforcement practices, and executive action within the State of South Carolina; and

 

Whereas, the General Assembly has an ongoing duty to uphold the Constitution of the United States and to reaffirm the rights guaranteed to all people regardless of viewpoint, background, or political affiliation.  Now, therefore,

 

Be it resolved by the Senate, the House of Representatives concurring:

 

Be it further resolved that the members of the South Carolina General Assembly reaffirm that the rights guaranteed by the First and Second Amendments to the Constitution of the United States are fundamental, preexisting rights that shall not be diminished through selective enforcement, viewpoint discrimination, prior restraint, or unequal application of the law.

 

Be it further resolved that the members of the South Carolina General Assembly reaffirm the First Amendment right of the people to peaceably assemble, to petition the government for a redress of grievances, and to engage in lawful protest, demonstration, speech, and public expression, including expression that is unpopular, critical of government, or dissenting in nature, without undue interference, retaliation, or suppression by governmental authority.

 

Be it further resolved that the members of the South Carolina General Assembly further recognize that the protection of First Amendment rights requires content neutral enforcement of laws, the avoidance of viewpoint-based restrictions, and the preservation of public forums for lawful civic engagement consistent with constitutional standards.

 

Be it further resolved that the members of the South Carolina General Assembly reaffirm the Second Amendment right of law-abiding individuals to keep and bear arms, as recognized by the Constitution of the United States, including the right to possess firearms for lawful purposes such as self-defense, protection of family and home, and other lawful activities.

 

Be it further resolved that the members of the South Carolina General Assembly recognize that the right to keep and bear arms is an individual constitutional right that shall not be impaired through arbitrary, discriminatory, or inconsistent enforcement of laws or policies.

 

Be it further resolved that the members of the South Carolina General Assembly recognize that the constitutional rights reaffirmed by this resolution are not mutually exclusive and must be respected concurrently and applied uniformly, without favoritism or discrimination.

 

Be it further resolved that the members of the South Carolina General Assembly affirm that these constitutional protections serve as guiding principles for legislative deliberation, oversight, and the development of public policy within the State of South Carolina and the United States of America.

 

Be it further resolved that the members of the South Carolina General Assembly commit to continued vigilance in upholding the Constitution of the United States and protecting the rights reaffirmed herein for present and future generations.

 

Be it further resolved that the Senate calls upon all federal, state, and local governmental entities and law enforcement agencies to respect and uphold these constitutional protections in policy, practice, and enforcement.

 

Be it further resolved that a copy of this resolution be forwarded to the Governor and to all other appropriate agencies.

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