The only thing I can see wrong with this bill is in Section 23-31-225. It makes a bad law even worse.
The current verbiage of Section 23-31-225 makes it so that anyone with a CWP, that is carrying a "concealable weapon", has to have express permission from a property owner to enter their residence or dwelling place.
Definition of a Concealable Weapon:
"Concealable weapon" means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.
Anyway, the current law says nothing about a person that does NOT have a CWP. Basically, with the the way the law is currently written, anyone WITHOUT a CWP, can retrieve a lawfully stored "concealable weapon" from their vehicle and carry the "concealable weapon" into residence of another, without the owner's express permission.
To me, that is rather ridiculous. Personally, I don't think permission should be needed to carry a firearm into a residence of another. If the owner of the residence does not want you to carry a firearm on the property, he/she should tell you. I only ask permission to enter a residence if I'm not invited, if I recieve permission, I don't ask for permission to carry my firearm inside, as well. Whether I'm invited or get permission to enter a property, I believe myself, and anything on my person, is invited/allowed, as well, unless the owner says something about it.
This bill, S 1408, makes it so that anyone, CWP or not, carrying a "weapon" has to have express permission of the property owner to enter a residence or dwelling.
The big kicker is that the term "weapon" is not defined anywhere in the statutes, and the author of the bill didn't define it. Therefore, the term is too ambiguous for me to support using it. With this bill's verbiage, someone could be charged for carrying a small pocket knife, pepper spray, or just by having strong arms by entering a residence/dwelling without express permission to enter with said "weapons".
Here is the current law:
SECTION 23-31-225. Carrying concealed weapons into residences or dwellings.
No person who holds a permit issued pursuant to Article 4, Chapter 31, Title 23 may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
Here's this bill's (S 1408) verbiage:
SECTION 5. Section 23-31-225 of the 1976 Code is amended to read:
"Section 23-31-225. No person may carry a weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years."