south carolina search and seasure/cc
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south carolina search and seasure/cc

This is a discussion on south carolina search and seasure/cc within the LEO Encounters forums, part of the Main Category category; this is a question for s.c. cc holders; i was stoped in s.c. for speeding. the trooper searched my pickup ...

  1. #1
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    Default south carolina search and seasure/cc

    this is a question for s.c. cc holders;
    i was stoped in s.c. for speeding. the trooper searched my pickup truck. i had a handgun in my suitcase on the front seat and only seat. he had to see it. i know you have to conceal a gun in s.c.
    but i did not have a cc at the time. he made no mention of the gun. gave me a speeding ticket and sent me on my way. im very releived but i dont understand this logic. again, i had no ccp at the time.
    perhaps a s.c leo could shed some light on this? or a s.c cc holder? thanks

  2. #2
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    In SC it is legal to carry a gun in your vehicle as long as it is in a "latch-able" container. (ie, Glove box, console, pistol case or luggage)

    South Carolina is typically a VERY gun friendly state. I know dozens of LEOs; and all of them are very PRO CC.
    But--
    SC State Troopers are very much anti-DRUG. (I can almost guarantee you that is what a SC troopers #1 objective is when they stop an out of state speeder & search a vehicle.)

    My questions:
    • How did the trooper know you had a firearm?
    • Did you consent to search?
    • Did you volunteer?
    • Were you asked about firearms?

  3. #3
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    Quote Originally Posted by tcox4freedom View Post
    My questions:
    • How did the trooper know you had a firearm?
    • Did you consent to search?
    • Did you volunteer?
    • Were you asked about firearms?
    That second one is my big question. Why would he be searching your vehicle in the first place? There is no reason for it.

  4. #4
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    Quote Originally Posted by tcox4freedom View Post
    In SC it is legal to carry a gun in your vehicle as long as it is in a "latch-able" container. (ie, Glove box, console, pistol case or luggage)

    South Carolina is typically a VERY gun friendly state.
    Im going to go out on a limb here and say if that is indeed the law, then that is not a very gun friendly state. That law is ridiculous!

  5. #5
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    Quote Originally Posted by Deserteagle View Post
    Im going to go out on a limb here and say if that is indeed the law, then that is not a very gun friendly state. That law is ridiculous!
    It appears to me that the OP did not have a CC. Therefore it being in a "latch-able" container, especially if loaded, on the front seat of thevehicle would make S Carolina a "gun friendly" state especially compared to other states where one does not have a CC!
    NRA Life Member

  6. #6
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    Quote Originally Posted by tcox4freedom View Post
    In SC it is legal to carry a gun in your vehicle as long as it is in a "latch-able" container. (ie, Glove box, console, pistol case or luggage)

    South Carolina is typically a VERY gun friendly state. I know dozens of LEOs; and all of them are very PRO CC.
    But--
    SC State Troopers are very much anti-DRUG. (I can almost guarantee you that is what a SC troopers #1 objective is when they stop an out of state speeder & search a vehicle.)

    My questions:
    • How did the trooper know you had a firearm?
    • Did you consent to search?
    • Did you volunteer?
    • Were you asked about firearms?
    About the latch-able container. I thought that had been changed a good many years ago. I know at one time that was the case due to a AG opinion but was under the opinion now that it had to actually be either the glove box or console. Either way most LEO ins SC don't really care as long as you are behaving and not causing problems. Also about the latch-able case that means it does not have to be locked, only latched, the gun can be loaded or unloaded and whether or not you have a CWP doesn't matter.

    So is the latch-able ruling still in place or does it have to be console or glove box. I thought it had changed when they added console to the law.

  7. #7
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    Current Statute-

    SECTION 16-23-20. Unlawful carrying of handgun; exceptions----
    (9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver’s license, registration, or proof of insurance;
    I think because he was in a truck and his gun was in a suitcase, it wasn't a big deal as far as SC law is concerned. I think it would have been a different story is the handgun was laying "openly" on the front seat.

    -

  8. #8
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    Quote Originally Posted by tcox4freedom View Post
    Current Statute-
    I think because he was in a truck and his gun was in a suitcase, it wasn't a big deal as far as SC law is concerned. I think it would have been a different story is the handgun was laying "openly" on the front seat.
    -
    Technically the luggage compartment is defined as behind the rear seat however in my case in my crew cab GMC pickup behind the rear seat would be in the bed of the truck. In a standard truck it probably would be the same as in the new ones there is very little room behind the seat. If it is in a suitcase or briefcase I see very few SC LEO worrying about that. As stated most in SC are concerned about drugs, not the average person and a pistol in their suitcase. You are correct about openly lying on the front seat, that is a NO-NO and without a CWP most LEO are going to question it closely.

  9. #9
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    With no trunk available and the gun in a closed suitcase, no reason to pursue carrying a gun illegally. Most SC Troopers are good guys, that's most not all.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

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