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Thread: Open carry in sc

  1. #11
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    Quote Originally Posted by FN1910 View Post
    I suppose technically you were legal stopping by Wal Mart on the way back from hunting and OC'ing. The way the law is written that is exactly what is means to me but I don't know what a judge would say and I don't know of any court ruling on it.
    I thought the same thing but was told differently.

    Heck, I was reminded by a friend that it is illegal to even have a loaded rifle in the vehicle...

    From DNR Hunting regulations but is not limit itself to hunting...

    - It is unlawful to hunt from a public road unless the hunter has permission to hunt the adjacent property. Hunting as used in this section includes possessing, carrying or having readily accessible a loaded centerfire rifle, or a shotgun loaded with shot size larger than number four. Loaded means a weapon within which any
    ammunition is contained. This does not include weapons contained in a closed compartment, closed vehicle trunk, or a vehicle traveling on a public road. A person convicted of unlawful road hunting forfeits hunting
    privileges for one year.

  2.   
  3. #12
    "Does OC allow more crimes to be committed than CC? "

    XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX B N M

    No, it has nothing to do with it. The police have thwarted efforts for open carry, due to the uneducated and unreasonable fear on the part of the general public. The police get tired of the false alarm calls about "man with a gun" .

    Personally, to avoid the hassle from the cops having to respond to that and bother me, I'd carry as much concealed as I could. But I wouldn't go to great extremes to avoid the problem. I would just not worry about an occasional "flash" when the wind blew my clothing so as to expose my gun.

    I'm all for Open Carry. And besides, when the law passes, and it will, the press will cover it all over the networks, papers, and radio. Once folks know that we have a new law, maybe they won't be so quick to panic when they see a person open carrying, and the calls to police about a "man with a gun" will dramatically decrease.

  4. #13
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    Quote Originally Posted by melloyello View Post
    I thought the same thing but was told differently.

    Heck, I was reminded by a friend that it is illegal to even have a loaded rifle in the vehicle...

    From DNR Hunting regulations but is not limit itself to hunting...

    - It is unlawful to hunt from a public road unless the hunter has permission to hunt the adjacent property. Hunting as used in this section includes possessing, carrying or having readily accessible a loaded centerfire rifle, or a shotgun loaded with shot size larger than number four. Loaded means a weapon within which any
    ammunition is contained. This does not include weapons contained in a closed compartment, closed vehicle trunk, or a vehicle traveling on a public road. A person convicted of unlawful road hunting forfeits hunting
    privileges for one year.
    CORRECTION:

    (3) For purposes of this section, the terms "possessing", "carrying", and "having readily accessible" do not include a centerfire rifle or shotgun which is contained in a:

    ...(c) vehicle traveling on a public road.

    In other words, if you are not parked on a public road, you can have your rifle or shotgun loaded in the truck.

    SECTION 50-11-760
    LINK: http://www.scstatehouse.gov/code/t50c011.htm

  5. #14
    Quote Originally Posted by melloyello View Post
    I thought the same thing but was told differently.

    Heck, I was reminded by a friend that it is illegal to even have a loaded rifle in the vehicle...

    From DNR Hunting regulations but is not limit itself to hunting...

    - It is unlawful to hunt from a public road unless the hunter has permission to hunt the adjacent property. Hunting as used in this section includes possessing, carrying or having readily accessible a loaded centerfire rifle, or a shotgun loaded with shot size larger than number four. Loaded means a weapon within which any
    ammunition is contained. This does not include weapons contained in a closed compartment, closed vehicle trunk, or a vehicle traveling on a public road. A person convicted of unlawful road hunting forfeits hunting
    privileges for one year.
    I would like to know the "official" ruling on this if one exists about stopping by Wally World. I head one fellow say that a Game Warden told him that it only applied while you were walking from your truck to you boat for fishing or to your hunting site and had nothing to do with the trip to the parking area. So I suspect that you will get a lot of different versions of what it means.

    The point about DNR and hunting it comes from 50-11-760 and I remember when they first started discussing passing these laws. It is directed at the deer hunters using dogs, standing beside the road in front of people's homes etc. The Title is "Hunting" so for this section to apply they would have to say that you were in some way hunting which would be more than just having a rifle. For instance suppose two fellows stopped by the road to talk during the June when deer season is closed. It would be hrd to say that they were hunting but those same two fellows beside the road in October listening to the dogs running would be a different story.

    From a personal experience a couple of years ago I went down to my farm to do some scouting for deer stands and found the road along it lined with fellows listening for the dogs and talking on their radios about where the deer was going to come out. They did not have permission and acted like if I said anything they would shoot me as well as the deer.

    I have found the the DNR interprets some laws a little differently in their handbooks than what it actually means and will take advantage of it if they can. September through December you need to pay attention to 50-11-760 but the rest of the year they will have a harder time enforcing it.

  6. #15
    It would all depend on the police officer arresting you and the opinion of the judge they take you to...

    keep in mind some of the listed laws above confuse the issue... we are talking about going to or coming from hunting or fishing not the actual act of....

    I would do it... open carry going to or coming from... but I don't think I would push the issue by going into wally world or some other 'urban' place... I was told in my CWP class not to.... do not stop anywhere if you are open carrying going to or coming from.... but that is just another opinion..

    As for the negative comment about Grassroots... of course they believe in no compromise... but then once a law is proposed... believe me... those folks we elected are all about compromise... it is the sad nature of the game they get paid and love to play... believe me, from what I've seen of late in S.C. Grassroots has a lot better handle on getting change here than the lame ducks who represent the NRA. The NRA gave Henry McMaster a glowing endorsement and he explicitly gave an opinion that you could not carry in a county park if the county passed a law and posted it......

  7. #16
    Blume, not intended directly at you. I just used your post a s a reply avenue.

    Look guys, the law isn't up for debate. We live in a State that doesn't allow Open Carry. We need a license to even conceal carry! Why in the world would you think that just because you have a hunting license, you are OK to walk into WalMart with a hog leg strapped to your waist?

    Why would you even want to test it? Just to screw around with the DNR cops? You know that in S.C. we are nor permitted to Open Carry. Trying to be some jackass that thinks they are a courtroom lawyer with a side angle to get around the law by saying they are "going hunting" is gonna get then some fines, and possible jail time. And PERSONALLY, I hope they get BOTH!!!

    I am wanting S.C. to pass Open Carry. So badly I can taste it! And when some redneck from our State walks into WalMart with a Smith & Wesson 686 strapped to his waist and leg in open view, it scares the hell out of people, and someone calls the cops. Then it hits the Nightly News, and we all look STUPID because one ignorant redneck thought they were a junkyard lawyer and tried to twist a law for their own enjoyment, and GOT BUSTED!!

    And then "OPEN CARRY" is put on the back burner for ten MORE years before we have a chance again to get it passed.

    Let me put it this way:

    OPEN CARRY in S.C. is illegal! Period! If I see you in WalMart with a gun strapped to your side, I am going to knock you over the head with whatever is lying close around, dial 911, and hold a gun on you until the cops come! Because you are a criminal, and under S.C. l;aw, I have the right as a CWP holderto intervene in an ongoing crime attempt, such as a robbery or one about to happen. if you are carrying a gun openly in WalMart, against the law, you are a criminal and one is justified in stopping a crime.

    Think about that the next time you go "hunting", and want to walk into WalMart on the way. You may find some bigger "game" than you thought you would.

  8. #17
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    Quote Originally Posted by Islander View Post
    CORRECTION:

    (3) For purposes of this section, the terms "possessing", "carrying", and "having readily accessible" do not include a centerfire rifle or shotgun which is contained in a:

    ...(c) vehicle traveling on a public road.

    In other words, if you are not parked on a public road, you can have your rifle or shotgun loaded in the truck.

    SECTION 50-11-760
    LINK: S.C. Code of Laws Title 50 Chapter 11 Protection Of Game - www.scstatehouse.gov-LPITS
    It does apply to centerfire rifles - this is from the 2010-2011 SC DNR Hunting Rules and Regulations page 24:

    Had a friend that got a ticket from DNR coming back from hunting, made his kill, dressed, tagged and pulled over by the game warden.
    Had his rifle in the back seat, loaded but not chambered, and got a ticket.

  9. #18
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    Quote Originally Posted by GOV5 View Post
    Blume, not intended directly at you. I just used your post a s a reply avenue.

    Look guys, the law isn't up for debate. We live in a State that doesn't allow Open Carry. We need a license to even conceal carry! Why in the world would you think that just because you have a hunting license, you are OK to walk into WalMart with a hog leg strapped to your waist?

    Why would you even want to test it? Just to screw around with the DNR cops? You know that in S.C. we are nor permitted to Open Carry. Trying to be some jackass that thinks they are a courtroom lawyer with a side angle to get around the law by saying they are "going hunting" is gonna get then some fines, and possible jail time. And PERSONALLY, I hope they get BOTH!!!

    I am wanting S.C. to pass Open Carry. So badly I can taste it! And when some redneck from our State walks into WalMart with a Smith & Wesson 686 strapped to his waist and leg in open view, it scares the hell out of people, and someone calls the cops. Then it hits the Nightly News, and we all look STUPID because one ignorant redneck thought they were a junkyard lawyer and tried to twist a law for their own enjoyment, and GOT BUSTED!!

    And then "OPEN CARRY" is put on the back burner for ten MORE years before we have a chance again to get it passed.

    Let me put it this way:

    OPEN CARRY in S.C. is illegal! Period! If I see you in WalMart with a gun strapped to your side, I am going to knock you over the head with whatever is lying close around, dial 911, and hold a gun on you until the cops come! Because you are a criminal, and under S.C. l;aw, I have the right as a CWP holderto intervene in an ongoing crime attempt, such as a robbery or one about to happen. if you are carrying a gun openly in WalMart, against the law, you are a criminal and one is justified in stopping a crime.

    Think about that the next time you go "hunting", and want to walk into WalMart on the way. You may find some bigger "game" than you thought you would.
    GOV5 - Just because it isn't what you would do doesn't make it wrong.

    I thought that was one of the purposes of this website - to debate - develop support and foundation for future legislation.

    What is the difference between a non-uniform LEO OC and a private citizen OC to the public eye?
    Can they really tell the difference who is who?

    Where does it say a CWP has the right to intervene in an ongoing crime attempt?
    Did I miss that somewhere?

  10. #19
    Quote Originally Posted by GOV5 View Post
    Let me put it this way:

    OPEN CARRY in S.C. is illegal! Period! If I see you in WalMart with a gun strapped to your side, I am going to knock you over the head with whatever is lying close around, dial 911, and hold a gun on you until the cops come! Because you are a criminal, and under S.C. l;aw, I have the right as a CWP holderto intervene in an ongoing crime attempt, such as a robbery or one about to happen. if you are carrying a gun openly in WalMart, against the law, you are a criminal and one is justified in stopping a crime.

    Think about that the next time you go "hunting", and want to walk into WalMart on the way. You may find some bigger "game" than you thought you would.
    The bolded part of your post really bothers me and reeks of CWP badges. Having a SWP in SC give you no authority to intervene in any crime or action that a non-CWP holder has othet than being able to carry a weapon in certain areas without being arrested. That is it, able to carry a gun concealed. It does not make you a deputy or give you any other rights. You do have the right to intervene in a crime being committed but holding a CWP has nothing to do with it.

    As for OC being illegal in SC there are many places in SC that OC is perfectly legal that are illegal in many OC legal statrs. In fact since Wal-Mart is private property if you had permission from the management OC would be perfectly legal there. The law only says that you have to have permission to OC on ANY priivate property in SC, it does not say you cannot OC.

  11. #20
    Good points FN... I think you can open carry going to or coming from hunting or fishing... then again if a LEO wants to arrest you... they will ... and even if you are right it will cost you time and probably money to prove it..

    I must be illegal most of the time... I carry a loaded rifle in my work vehicle most days... but then I really don't have any thing to do with DNR.. other than my brother works for them... I don't have a hunting or fishing license....

    as a side note... did y'all know that it is illegal to have a rifle in a boat in S.C. loaded or unloaded?

    Stupid, Stupid, Stupid...

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