Open carry in sc - Page 4
Page 4 of 11 FirstFirst ... 23456 ... LastLast
Results 31 to 40 of 106

Thread: Open carry in sc

  1. #31
    Quote Originally Posted by [email protected] View Post
    the new castle doctrine law changes where the burden of proof after the fact is... that is all.

    you still have a duty to retreat before using deadly force... my point is now after the fact and your use of deadly force the burden is on them to prove you did not have the right to use deadly force....

    at least that's how I see it.

    you are still going to be in a world of trouble and have a lot of spare time on your hands sitting around waiting for various leo's to talk to you.
    It did change more than just the burden of proof but you are correct about being in a world of trouble still. Some seem to think that when you blow someone away that is breaking into your house that the DA is going to pat you on the back and say "Good job". It ain't gonna work that way in most cases.

  2.   
  3. #32
    You better get up to date on the law if you are going to keep your CWP in S.C.

    And don't walk into Walmart in Mt Pleasant open carrying while I'm there.

  4. #33
    Join Date
    Dec 2009
    Location
    Law's Crossroads, SC
    Posts
    2
    Quote Originally Posted by FN1910 View Post
    It did change more than just the burden of proof but you are correct about being in a world of trouble still. Some seem to think that when you blow someone away that is breaking into your house that the DA is going to pat you on the back and say "Good job". It ain't gonna work that way in most cases.
    SECTION 16-11-420. Intent and findings of General Assembly.
    (A) It is the intent of the General Assembly to codify the common law Castle Doctrine which recognizes that a person's home is his castle and to extend the doctrine to include an occupied vehicle and the person's place of business.
    (B) The General Assembly finds that it is proper for law-abiding citizens to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action for acting in defense of themselves and others.
    (C) The General Assembly finds that Section 20, Article I of the South Carolina Constitution guarantees the right of the people to bear arms, and this right shall not be infringed.

    SECTION 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs.
    (A) A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.
    (B) A law enforcement agency may use standard procedures for investigating the use of deadly force as described in subsection (A), but the agency may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.
    (C) The court shall award reasonable attorneys' fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of a civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (A).
    GOA Life Member -- NRA Patron Life Member -- SAF Life Member

  5. #34
    There isn't a darn thing that the DA can do if you "blow someone away that breaks into your home". It is a law in S.C. that you can use deadly force when someone invades your "castle". Doesn't matter if the D.A. likes it or not. D.A. has no legal standing to do anything. And BTW, the cops that come to investigate aren't taking my gun as evidence either!

  6. #35
    Join Date
    Apr 2009
    Location
    Bonneau & Goose Creek, SC
    Posts
    441
    Quote Originally Posted by tcox4freedom View Post
    I remain hopeful. Once we get our new Gov in place and replace a few members in our legislature, something may change.

    Like Blume.. said, "baby steps".
    I know Nikki Haley said she wanted the CC laws a lot more clear on where we can and cannot carry.
    And I whole-heartedly agree with her that we are not a right to carry state.

    Has any other legislature or Gov to be asked whether they would support OC?

    Or what are their full interpretation of 2A?
    What types of arms are we limited to keep and bear, if any?
    What does bearing arms mean, OC, CC, OC/CC, requiring licenses and fees?
    What places are we limited to bear arms?

    Any SC debates coming up?

  7. #36
    Quote Originally Posted by GOV5 View Post
    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 do that and wind up killing the other person you WILL be arrested for (and most likely convicted of) murder. Once you initiate combat you lose your right to defend yourself. If he is able to shoot and kill you he will be arrested (maybe) on a weapons charge if anything. If he attacks you unprovoked, you draw your weapon and hold it on him and you have to shoot him you might be okay depending on the specifics. But, your scenario, as stated, will put you in the big house, and quite possibly a date with ol' Sparky (or the lethal injection table).

    If you don't wind up shooting them you will be arrested for assault and battery. Kiss your freedom - and your CWP - goodbye at that point.

    We're not LEOs, state constables or superheros. We are just average people who decided to take steps to protect ourselves and our families. Put another way - I carry a weapon to defend myself and my family. Everyone else is on their own.

  8. #37
    That's your interpretation. I respect it, but don't agree with it.

    Let me ask you something. What would YOU do about that same scenario?

  9. #38

    Let me ask you a question in regards to your quoted post above

    when the police show up and they check the dead guy and pull out a nice big gold badge are you going to ask someone at wallmart to donate a clean pair of underwear for you before you head to jail?

    two things... as has been discussed, the person open carrying in the Wallmart may or may not be breaking the law... even if they are what danger are they to anyone? .... that fat lady in the cutlery section or the old skinny guy in the paint thinner section are just as potentially dangerous....

    and we will say it one more time... you are not a law enforcement officer and do not have the training or knowledge to do what they do

    If an LEO makes a questionable call or does something 'wrong' he or she has a world of people behind them .... fellow officers, union reps.... lawyers (paid by us)... and often times a judge or two..

    you... well how much money you have in the bank and how much property you own will determine how good a lawyer you can afford.

  10. #39
    Join Date
    Apr 2009
    Location
    Bonneau & Goose Creek, SC
    Posts
    441
    Quote Originally Posted by [email protected] View Post
    when the police show up and they check the dead guy and pull out a nice big gold badge are you going to ask someone at wallmart to donate a clean pair of underwear for you before you head to jail?

    two things... as has been discussed, the person open carrying in the Wallmart may or may not be breaking the law... even if they are what danger are they to anyone? .... that fat lady in the cutlery section or the old skinny guy in the paint thinner section are just as potentially dangerous....

    and we will say it one more time... you are not a law enforcement officer and do not have the training or knowledge to do what they do

    If an LEO makes a questionable call or does something 'wrong' he or she has a world of people behind them .... fellow officers, union reps.... lawyers (paid by us)... and often times a judge or two..

    you... well how much money you have in the bank and how much property you own will determine how good a lawyer you can afford.
    I just want to add that Walmart as well as any other store open to the public is PRIVATE Property. With any real private property they need only the persmission of the owner to carry. Do you know for a fact that they are not an authorized employee or person that is open carrying?

  11. #40
    Quote Originally Posted by GOV5 View Post
    That's your interpretation. I respect it, but don't agree with it.

    Let me ask you something. What would YOU do about that same scenario?
    Absolutely nothing. If he was being reckless or I felt like there is a danger I would get my family clear and pull my other weapon (a cell phone) and explain the situation to the police. They are trained to handle this type of thing, and they have arrest powers. If he's being respectful and just going about his business it may serve as a positive example to others that everyone that carries a gun is not looking to shoot someone. Also, the legal definition of going to or coming from hunting or fishing are open to interpretation.

    Besides, IMO he is just exercising his 2nd Ammendment rights.

    I'm fairly certain the police would agree with my interpretation. I'm no lawyer so I can't say for sure but I'm not going to test it. I mean no disrespect but you really could put yourself in a bad spot if you act as you stated you would earlier. You could also wind up very dead.

    I must state that I am assuming you are a CWP holder and not a State Constable. If you are a state constable then the rules are different.

Page 4 of 11 FirstFirst ... 23456 ... LastLast

Similar Threads

  1. Open carry legal in Michigan
    By venator in forum Michigan Discussion and Firearm News
    Replies: 106
    Last Post: 05-19-2015, 08:08 AM
  2. 10 Commandments of Concealed Carry
    By HK4U in forum Concealed Carry Discussion
    Replies: 30
    Last Post: 06-21-2011, 10:51 AM
  3. What benefits to open carry?
    By gun papa in forum Open Carry Discussion
    Replies: 73
    Last Post: 02-27-2010, 11:30 PM
  4. 2009 National Open Carry Day this year?
    By chroode in forum Open Carry Discussion
    Replies: 23
    Last Post: 06-03-2009, 01:33 AM
  5. Open Carry Meeting and Training
    By 45acpman in forum Wisconsin Discussion and Firearm News
    Replies: 0
    Last Post: 10-29-2007, 10:36 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast