South Carolina S 859: Affirming Fundamental Constitutional Rights

Bill Text

2025-2026 Bill 859 Text of Previous Version (Jan. 28, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 859

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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, pr