Man sues city of Columbia over weapons ban :: 07/18/2015

A Lexington County man is challenging the City of Columbia in court over a temporary ban on weapons near the  South Carolina State House.

Yellow line shows perimeter of city-enforced weapons ban. (photo provided)

The 30-day ban, enacted by a July 9 City Council vote just before the removal of the Confederate flag from the Capitol grounds, forbids weapons within 250 feet of State House grounds.

Columbia attorney Mark Schnee filed the lawsuit Thursday on behalf of his client, Walid Hakim. Hakim, in an affidavit submitted with the suit, said he is a concealed weapons permit holder and that his life could be endangered if he is not allowed to defend himself near the grounds because of the ban.

Schnee said the ban infringes on the right of residents to bear arms under the Second Amendment to the U.S. Constitution.

“These rights have to be protected,” Schnee said. “The Constitution is there to protect people from the government, particularly an abusive government.”

Schnee said that while this ban is temporary, it could set a legal precedent for longer or even permanent bans. The lawsuit requests an immediate injunction stopping the current ban and a permanent injunction preventing any similar bans in the future.

No hearing date is set for the case, but Schnee said he expects one in the next couple of weeks. The current ban is set to expire Aug. 8.

“The City of Columbia does not comment on matters regarding pending litigation,” said a representative of the city’s Public Relations Department.

Columbia Mayor Steve Benjamin at the time the ban was passed said in a statement, “The past few weeks have been an emotional time for all of us and, for some, passions continue to run high. In that kind of environment it’s our responsibility to take extra steps to ensure public safety. We may not agree with what everyone has to say, but we’re committed to protecting their right to say it.”

http://coladaily.com/2015/07/17/man-sues-city-of-columbia-over-weapons-ban/