SC Law - Carry Question - Page 2
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Thread: SC Law - Carry Question

  1. #11
    Is this the part you are referring to?
    Section 23-31-215 (M)

    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.

  3. #12
    FN1910, yes that is exactly the section I was referring to.

  4. #13
    23-31-215 (M) Syas that the provisions on that article does not override 16-23-460 or 16-23-465. 16-23-460 says that it doesn ot allpy to someone with a CWP and 23-31-215 agrees with that. I can't see where you are getting at that the CWP overrides what is in 16-23-460.

  5. #14
    16-23-460 is not mentioned in 23-31-215. 16-23-465 is mentioned in 23-31-215 as not being overriden, and thus DOES apply to carry permit holders.

  6. Angry i volunteer

    Quote Originally Posted by FN1910 View Post
    Now it gets complicated so pay attention:

    We are familiar with this section and it says Additional penalty for violating 16-23-460

    What are the penalties in 16-23-460

    16-23-460 does not apply to anyone with a cwp therefore 16-23-465 cannot apply. It is not against the law to carry in a place that serves alcohol if you have a CWP. However it is possible that you will be arrested and taken to court for trail. You may then have tp appela all the way to the State Supreme Court. We are looking for a volunteer to test this out and I have heard on good authority that the SCAG has privately told the state LEO to not make any arrests over this in order to avoid a court ruling.
    I am undergoing 16-23-465 in Berkeley County, SC and I do have a CWP. I am also looking for any support I can get. I have a criminal lawyer and going through this now with both the county and the state.

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