Is it a REQUIREMENT
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Thread: Is it a REQUIREMENT

  1. #1

    Is it a REQUIREMENT

    for a South Carolina CWP holder to declare the weapon and turn it over to a State, County, or city law enforcement officer when being pulled over for a traffic stop, boating stop, or on the way to or from a place of hunting or fishing?

    Obviously, I know it is good form and protocol to identify yourself; but, it is a REQUIREMENT? How about turning over your weapon?

    TIA,
    PM

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  3. #2
    Join Date
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    Easley, South Carolina
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    Is it a REQUIREMENT

    It is required to inform an leo,,but you would surrender only if you are told too

  4. #3
    Join Date
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    Myrtle Beach, SC
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    It is a requirement to provide your CWP if approached by an LEO and they ask for identification:

    (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver’s license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.

    It is not a requirement to surrender your weapon but as I found out during my recent traffic stop that doesn't mean all LEOs know that it isn't and you may be asked to surrender your weapon. Knowing what I know now, I would ask any LEO that asked me to surrender my weapon to contact their supervisor and have them join us at the stop.

  5. #4
    Quote Originally Posted by bbarton713 View Post
    It is a requirement to provide your CWP if approached by an LEO and they ask for identification:

    (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driverís license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.
    So it's only IF the LEO asks for ID...as opposed to, say in North Carolina, a carrier must inform "when approached or addressed".

  6. #5
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    hey mrjam2jab: These days with computer bases, it is probable that now or in the future your driver's license may also be tied to your CCWP. If he should ask for your license do not expect him to be so nice if he knows you have a CCWP and do not show it with your license--if you are CC I believe you are obligated to indicate same and present the CCWP whether he asks or not.

  7. #6
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    Quote Originally Posted by mrjam2jab View Post
    So it's only IF the LEO asks for ID...as opposed to, say in North Carolina, a carrier must inform "when approached or addressed".
    Yes, that's correct based on SC state law. However, you're now going to see the gambit of replies that suggest you only tell an LEO what you are legally obligated to tell them OR you want the LEO to feel safe and know that you're a good guy so you should inform him/her regardless.

  8. So as a non-CWP holder who usually carries my weapon in my cars glove box the question is am I legally obligated to tell an officer anything if I was stopped for a traffic violation?

    Since the law only deals with CWP holders I shouldn't legally have to, correct?

  9. #8
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    No, unless you have to open that glove box to retrieve your license, registration, or proof of insurance.

    (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;

  10. #9
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    Quote Originally Posted by clintj View Post
    So as a non-CWP holder who usually carries my weapon in my cars glove box the question is am I legally obligated to tell an officer anything if I was stopped for a traffic violation?

    Since the law only deals with CWP holders I shouldn't legally have to, correct?
    Just be sure the officer doesn't find out some other way (like the gun falling out of the glove box when you retrieve your paperwork). Sounds like something pretty obvious, but many people fail to realize that it's best to keep their paperwork (registration and no-fault insurance documents) in a compartment separate from their firearm.


    gf
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  11. #10
    Join Date
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    MA, Away from the liberal loonies...
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    I would inform first. I would never have it out in my hand or begin reaching for it before informing the LEO. I would hand him the LTC along with my drivers license and tell him where it is and ask him how I should proceed if was asked to exit the vehicle. If they have no issue with you keeping it where it is then keep it there.

    My uncle Bob was a captain with the NY state police. He retired in 1980 or 81 if I recall, but he had some interesting stories about dumb people and how close they came to getting killed. One he mentioned was the guy that he pulled over and was carrying the gun in a shoulder holster. Instead of informing the officer the guy started to say "oh by the way" and was reaching for it. My uncle saw the end of the grip and almost broke the guys cheekbone with the barrel of his service revolver. I think I would rather skip that step in a routine traffic stop.

    If you have to open the glove box or console to retrieve any required documents requested by the officer and you have a weapon in there, you had best inform them then ask how you should proceed. Let them choose. It's just survival. I would rather be alive and free than dead or under arrest for assault with a weapon. I agree with GF in that if you store a firearm in the vehicle, keep the documents in another place to avoid that situation especially if others operate the vehicle and may be unaware. The police have enough crap to deal with, and get very jumpy when weapons are present. I know a few and although the words differ, the one single theme is the same.
    "At the end of my shift I will be the one going home whatever it takes."
    Is that not the same way we all feel?

    Peace
    You can give peace a chance alright..

    I'll seek cover in case it goes badly..

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