Concealed Carry in places serving alcohol (bars and restaurants)

[melloyello]

A friend of mine was finished eating at Pizza Hut when he noticed that someone was being served a beer, was he breaking the law?
Could he have lost his CWP if someone noticed or he had to defend himself.

Our interpretation of South Carolina Law differ wrt carry concealed in places that have onsite consumption of alcoholic beverages.
We're both CCP holders and I say we are lawfully carriers as defined by section 23-31-215 and therefore section 16-23-465 did not apply.
The law states,"penalty for unlawfully carrying pistol or firearm." However it further states, "In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked."

There is no exception for LEO on or off duty, retired, and other elite citizens, so if they are lawfully carrying wouldn't we be lawfully carrying?

Anyone have an insight?

Here are the Laws of interest...
A Section under Concealed Weapons Permit and a section under Crimes and Offenses

Title 23 - Law Enforcement and Public Safety
S.C. Code of Laws Title 23 Chapter 31 Firearms - www.scstatehouse.gov-LPITS

CHAPTER 31.
FIREARMS

ARTICLE 4.
CONCEALED WEAPON PERMITS

SECTION 23-31-215. Issuance of permits.

(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
(2) detention facility, prison, or jail or any other correctional facility or office;
(3) courthouse or courtroom;
(4) polling place on election days;
(5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(6) school or college athletic event not related to firearms;
(7) daycare facility or pre-school facility;
(8) place where the carrying of firearms is prohibited by federal law;
(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or
(10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.

A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.


Title 16 - Crimes and Offenses
S.C. Code of Laws Title 16 Chapter 23 Offenses Involving Weapons - www.scstatehouse.gov-LPITS
CHAPTER 23.
OFFENSES INVOLVING WEAPONS
ARTICLE 5.
MISCELLANEOUS OFFENSES

SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on-premises consumption.

In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.

In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked.

[blume357@]

I think it's pretty simple, you can't legally. Every judge and lawyer will laugh at you about the LEO's exclusion ... same with the judges and lawyers that work for the state, they get a 'get out of jail card for free.' It is our 'separate and not even close to equal'. system.

Grassroots S.C. is working on the Restaurant carry bill right now. Don't expect any Help from Henry McMaster regardless of what his bid for Governor web sight says.

[melloyello]

Originally Posted by blume357@

Grassroots S.C. is working on the Restaurant carry bill right now. Don't expect any Help from Henry McMaster regardless of what his bid for Governor web sight says.

We're part of Grassroots and I was told that the bill failed.

McMasters isn't getting my vote, hope there is a candidate worth electing.

[Aggressive1]

Blume keeps us up to date so I'm assuming that melloyellow is referring to the restaurant bill that was connected to the on school property bill. I know they pulled the restaurant out of that one, but blume, if theres a new one up please let me know. I know ALOT of people that would be willing to do mail ins/emails/phone calls to support a restaurant carry bill.

[fullofdays]

subscribed :-)