High court upholds gun law

Ruling backs legislation passed in April to lower age limit

Young adults between the ages of 18 and 20 can legally possess handguns, the S.C. Supreme Court said Monday, marking a second victory for gun advocates recently.

In a unanimous decision stemming from an Upstate murder case, the court said the state's handgun ban for people under 21 is unconstitutional.

The ruling is in line with legislation already passed by lawmakers in Columbia giving residents in the 18- to 20-year-old range the right to legally possess handguns.

Gov. Mark Sanford signed the bill in April.

Monday's decision covered the York County case of Berry Scott Bolin, who was 19 when he was indicted for murder, assault and battery with intent to kill, possession of a firearm during commission of a violent offense, assault with intent to kill, discharging a firearm into an occupied vehicle, and illegal possession of a pistol by a person under 21.

Bolin argued the possession of a pistol indictment should be quashed because he had a right to bear arms as an adult over 18. He also said the ban violated the state's constitution because 18- to 20-year-olds were being treated differently than adults 21 and older.

In Monday's decision, the justices upheld a lower court ruling in Bolin's favor by using the state's constitutional ban on alcohol sales as a comparison.

"By expressly allowing the regulation of the sale of alcoholic beverages to the 18- to 20-year-old age group, and not stating any other situation in which the General Assembly may restrict the rights of this age group, the state constitution precludes the General Assembly from prohibiting this age group's possession of handguns," the ruling said.

Monday's decision potentially covers any young person whose criminal gun charge has yet to go through the court system, said Bolin's attorney, Leland Greely, because pending criminal cases were excluded from the Statehouse's law change.

S.C. Attorney General Henry McMaster said the decision probably wouldn't have a huge effect on state prosecutions because underage carrying charges usually get detected in the course of other criminal charges against an individual.

South Carolina is one of 18 states, and the only one in the South, that had set 21 as the age for handgun ownership, according to published reports quoting the National Rifle Association. Wyoming has no handgun age requirement; in Montana, it's set at 14; in Vermont, 16, according to the NRA.

There is no age requirement in South Carolina to own a rifle or shotgun.

Reach Schuyler Kropf at skropf@postandcourier.com or 937-5551.