Laws in the city I live and question about legality of the laws.
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Thread: Laws in the city I live and question about legality of the laws.

  1. #1

    Laws in the city I live and question about legality of the laws.

    This is from the municode website which is supposed to bte be actual laws for the city in SC that I live in.


    Sec. 14-19. - WeaponsóDischarge.

    It shall be unlawful for any person to use, shoot or discharge any gun, pistol, rifle or other firearm or any slingshot, bow and arrow, air gun or any device for throwing missiles.

    Sec. 14-20. - SameóCarrying concealed.

    It shall be unlawful for any person to carry concealed about the person, any pistol, dirk, dagger, metal knuckles, razor or other deadly weapon capable of inflicting serious bodily harm or injury; provided, that this section shall not apply to peace officers while in the actual discharge of their duties, nor to persons while on their own premises.
    Notice that 14-19 does not make any provision for LEO, self-defense or firing ranges. How about your kid getting a toy bow and arrow or slingsho for Christmas. How about those marshmallow guns or ones that shoot rubber bands.

    The second law (14-20) makes no exception for CWP holders.

    I figure that if someone is charged and willing to carry it up the chain there is no way that it can be lawful as it is selectively enforced. Now the question is should I say something to the City Council and try to get it changed or just leave it alone. In my opinion (which is worthless) 14-19 is worthless and amounts to no law at all.

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  3. #2
    What city in SC? I live in SC also

  4. #3
    What does your State code say? Is it legal for a municipal government to preempt your State code? Find the answers to those questions and then proceed from there.

  5. #4
    State code preempts local code except on discharge of firearms. The part about concealed carry is covered by state code for someone with a CWP.

    On the discharge of firearms consider this:

    You are out shooting your pistols in your back yard (ignore safety at this point) and in your front yard your kids are having an archery contest with their bow and arrow that they got from the Dollar General toy deprtment. Neighbors complain and the police come and arrest you.

    Do they also have to arrest your kids and they were breaking the same law as you were? Meanwhile the sporting goods store right down the street has an archery range inside the store that they use for testing and practice with hunting bows.

  6. #5
    Quote Originally Posted by jersey2005 View Post
    What city in SC? I live in SC also
    The code for the city of Aiken is a little different.


    Sec. 22-4. - Discharging firearms or other weapons.

    (a)

    It shall be unlawful for any person to discharge any firearm, air rifle, or other weapon within the corporate limits of the city. Nothing contained in this section shall be construed to apply to persons discharging firearms in protection of their life or property; to peace officers in the actual discharge of their duties as such; to members of the United States Armed Forces, National Guard, or Reserve when in the performance of their duties.

    (b)

    Landowners discharging a firearm on that landowner's property to protect the landowner's family, employees, the general public, or the landowner's property from animals that the landowner reasonably believes pose a direct threat or danger to the landowner's property, people on the landowner's property, or the general public commit no violation of this section nor commit any unlawful act under the Aiken City Code by doing so.

    For purposes of this section landowners' properties must be a parcel of land comprised of at least 25 contiguous acres.
    As long as you own 25 acres you are good to go.

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