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Thread: Open carry in sc

  1. #61
    Join Date
    Apr 2009
    Location
    Bonneau & Goose Creek, SC
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    441
    Quote Originally Posted by o-Marine-o View Post
    Not True...

    You can also Open Carry on Personal Property, and also at a private gun range......When I go to ATP I see alot of people Open carrying there, not just the emplyees...

    I myself hope one day that SC allows full open carry...Until then:):):)
    There are stores and gas stations around Francis Marion that people OC during this time of year.

    OMG - they must be all breaking the law..some even have "assault" weapons..


    Hey o-Marine-o,

    Weren't you looking for Boggy Head rifle range...
    Did you find it, a little hot this time of year....

  2.   
  3. #62
    that's a good point... I'm sure it would not happen in Wallmart....

    but what happens when the person you tackle, bop on the head and hold at gun point is an employee or owner of the place?

  4. #63
    Quote Originally Posted by [email protected] View Post
    that's a good point... I'm sure it would not happen in Wallmart....

    but what happens when the person you tackle, bop on the head and hold at gun point is an employee or owner of the place?
    'but what happens when the person you tackle, bop on the head and hold at gun point is an employee or owner of the place? '

    XXXXXXXXXXXXXXXXXXXXXXX B N M

    Hey ACE, the "owner" of WALMART isn't in the store. Walmart is a publicly traded company. Anyone who owns a share of their stock is part owner, technically. Walmart has Managers, not owners. SHEESH!!!

  5. #64
    Quote Originally Posted by GOV5 View Post
    'but what happens when the person you tackle, bop on the head and hold at gun point is an employee or owner of the place? '

    XXXXXXXXXXXXXXXXXXXXXXX B N M

    Hey ACE, the "owner" of WALMART isn't in the store. Walmart is a publicly traded company. Anyone who owns a share of their stock is part owner, technically. Walmart has Managers, not owners. SHEESH!!!
    In SC the manager can give permission to CC or OC on the property they are responsible for. I forget how it is worded exactly but basically whoever is responsible for the property (general manager of a store, owner, head pastor at a church, Plant manager at a manufacturing facility) can give permission to carry a weapon on that property.

  6. #65
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    Apr 2009
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    Bonneau & Goose Creek, SC
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    Quote Originally Posted by GOV5 View Post
    'but what happens when the person you tackle, bop on the head and hold at gun point is an employee or owner of the place? '

    XXXXXXXXXXXXXXXXXXXXXXX B N M

    Hey ACE, the "owner" of WALMART isn't in the store. Walmart is a publicly traded company. Anyone who owns a share of their stock is part owner, technically. Walmart has Managers, not owners. SHEESH!!!
    You don't have have to be the owner, "or the person in legal possession or the person in legal control of the home or real property."

  7. #66
    Join Date
    Feb 2010
    Location
    Santa Fe Area, New Mexico
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    Dammit Boys..........How bout getting back to the OP. Please contact your Local Legislator and Senator and push to amend CC to include OC. I still say that if your have been honorably discharged from the Armed Forces and have a clean record, you should be able to OC with no need for a CC Permit. Of coarse I also believe all those that have reached the age of 65 should no longer have any Federal/State TAX Liability. (But that's a different thread)
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  8. #67
    Quote Originally Posted by SC Tiger View Post
    In SC the manager can give permission to CC or OC on the property they are responsible for. I forget how it is worded exactly but basically whoever is responsible for the property (general manager of a store, owner, head pastor at a church, Plant manager at a manufacturing facility) can give permission to carry a weapon on that property.
    Yeah, I know that part of the law too, but what does it have to do with this scenario? Yes, you can get permission to carry from a manager, owner, church pastor, etc,...BUT NOT OPEN CARRY!! You can get permission to conceal carry. UH>>> S.C. isn't an OPEN CARRY State!

    Why are you trying to be an antagonist towards me in this debate? At least if you are are going to continue, and are quoting the law...QUOTE IT CORRECTLY!! In this case, you didn't!

  9. #68
    Join Date
    Sep 2009
    Location
    Lowcountry, SC
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    457
    Quote Originally Posted by melloyello View Post
    You don't have have to be the owner, "or the person in legal possession or the person in legal control of the home or real property."
    As GOV5 said, you cannot open carry at a fixed place of business, even with permission of the owner or person in legal control, unless you are that person or an EMPLOYEE. People open carry at ATP because they can always claim to be there to shoot at the range, one of the three exemptions for open carry in SC (shooting activity, licenced hunting, licensed fishing).

    The two differntiating sections of 16-23-20 are sections 8 and 13. 8 allows open or concealed carry for private citizens on private property that is NOT a fixed place of business. 13 applies to a fixed place of business and makes absolutely no mention of "the public", only the owner/controller or employees. The owner/controller can carry concealed without a permit, but employees must have a conceald weapons permit to carry concealed even with owner/controller permission.

    16-23-20
    South Carolina Law Enforcement Division

    (8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;

    (13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;

  10. #69
    Join Date
    Apr 2009
    Location
    Bonneau & Goose Creek, SC
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    Quote Originally Posted by Islander View Post
    As GOV5 said, you cannot open carry at a fixed place of business, even with permission of the owner or person in legal control, unless you are that person or an EMPLOYEE. People open carry at ATP because they can always claim to be there to shoot at the range, one of the three exemptions for open carry in SC (shooting activity, licenced hunting, licensed fishing).

    The two differntiating sections of 16-23-20 are sections 8 and 13. 8 allows open or concealed carry for private citizens on private property that is NOT a fixed place of business. 13 applies to a fixed place of business and makes absolutely no mention of "the public", only the owner/controller or employees. The owner/controller can carry concealed without a permit, but employees must have a conceald weapons permit to carry concealed even with owner/controller permission.

    16-23-20
    South Carolina Law Enforcement Division

    (8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;

    (13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;
    Where does it say limited to conceal carry????

    SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

    It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

    -- IT DOESN"T -- it is "whether concealed or not"

    Section 13 has requirements for employees @ the fixed business and prohibition for places that serve alcohol for consumption. It is a compound conditional clause for non-owners, "if it is a fixed place of business" and "if you are at the fixed place of business" and "if you are an employee" and "if you are not a business that serves onsite consumption of alcohol" then you the employee need a permit and permission.

    If one of the factor does not equate ie: you are not an employee then it falls back onto section 8, persmission of the owner or legal possesor of the real property...

    Mappow,

    Sorry for the distraction...

    We should at least establish a baseline of where we can OC, so we can at least talk to our representatives with some level of cohesion.

    I've heard politicians say we can OC...but just on private property.
    However, even then in our autos which are private property and also defined under Castle Doctrine as such we cannot OC.

  11. #70
    Melloyello - Your interpretation is exactly the same as mine. The exceptions on 16-23-20 are not for CC but for carry whether OC or CC. The only parts of 16-23-20 that specify any type of carry are:

    9(a) carry in a vehicle
    9(b) CC in a vehicle
    10 From the store to home or while moving
    16 Motorcycle carry

    No other exception restricts anyone to either CC or OC whether at home or business or in between.

    8 is for real property, if you own the land and building you may give permission.

    As you say about section 13 it just adds a restriction for employees and prohibits them from carrying in places that server alcohol. Once they meet that restriction they can OC or CC.

    14 covers stores that sell guns.... conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms,

    I am not sure why so many people get so confused about OC vs. CC in South Carolina but it seems to be a real puzzle for some. Actually in SC the OC restrictions are less than many states where OC is supposedly legal. As for long guns I am having trouble finding any restrictions on the carry of them other than GMA's and boats. As one County Sheriff told me, behave yourself and don't worry about it.

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