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Thread: SC car carry

  1. #11
    Join Date
    Jul 2009
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    South Carolina/Charleston
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    2,388
    I agree with likem and mappow. If it is not on you CC, as if you were walking the street, it has to be in one of the enclosed areas of the car specifically mentioned in the code. The code does not talk about gym bags, holsters tied to the steering wheel or any other rube goldberg you can come up with. In a similar thread somewhere else, I brought up the issue of brandishing. Scenario: You have the firearm lets say in anything legal (enclosed compartment) or illegal (under newspaper on seat or in gym bag) in your car and not on your person in its legal CC position and you get into an incident that requires quick response with you getting out of car. If the firearm is not on you per CC standards, you are now getting out of your car with the firearm in your hand (if you cannot wear it CC in the car, it will be almost impossible if not very difficult for you to put the firearm into the holster quickly while you are sitting in car)---at that point, where "exchanges of ideas and comments" are to begin, YOU ARE BRANDISHING THAT FIREARM. Bottom line to me: If you are serious about CC while driving etal, you must find a way to keep it on your person in its CC position--either the way you always CC or probably something like one of those fanny pack or appendix carry holsters that will do the job.

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  3. #12
    There is an AG opinion from several years back that I have not been able to get hold to a copy of but it does talk about such things as ladies purses and mens briefcases. From what I have been able to discover a ladies purse is considered part of normal wear of clothing and as such so is a mans briefcase if it is part of their normal attire. I don't think that the law says anything about "on or about" but it usually is considered part of a persons carry if it is reasonable which was part of the AG opinion. Things such as a special holster in your car would not be part of normal clothing as much as possibly a gym bag on the way to the gym. Sometimes I just keep it on the seat beside me covered by a golf towel or similar. I am not sure it is technically legal but I think I could make a good case for it.

    I will also claim that I am on my way to hunt or fish and have a license for that so I should be able to have it in the open. That is what the Sheriff told me to say.

  4. #13
    Join Date
    Dec 2009
    Location
    South Carolina, Myrtle Beach
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    156
    Your CWP instructor would have been right last year. The law was ambiguous for CWP holders and was clarified so that those with a CWP could carry anywhere in the vehicle.

  5. #14
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    Jul 2009
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    South Carolina/Charleston
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    I would hope that a more concrete resolution to the issue of "in the car" were stated in this thread. "That is what the sheriff told me" and "it was clarified", as stated in the last two replies is not exactly something to hang my hat on and claim as my reasoning should I have a problem of some kind and end up as a defendant in a shooting. Is there anyone who can get more specific? Case law, recent ruling etal? Even with a favorable ruling I still stand by my comment that you had better be careful in a real situation--stepping out of your car with a firearm in your hand is brandishing unless imminent danger has presented itself at the time you exit the car, which is a bit unlikely at that moment given the fact that you could drive away. Even if car is undriveable, imminent danger better be present. Recent case in SC (do not remember if he fired the gun or not) but an out of state abortion doctor got out of his car as a group of "protesters" made him very uncomfortable and he is now in trouble--yes he was from out of state so his CC status was in question, but I believe the word "brandishing" was used as part of his legal problem.

  6. #15
    kelcarry, like you I would love a more concrete resolution but right now I don't know of one. I am also afraid that if there is a concrete resolution from the courts that it will be according to the wording of the law and not from anyones opinion including the AG. That being the case I am afraid that we will not like it. An opinion from the AG is not law but rather a guideline on the decision for LEO and solicitors in SC to make arrests and process cases that they may or may not follow.

    An example of this was the case a few years ago involving passing a stopped school bus with a concrete median separating the lanes. For years the SC Drivers handbook stated that it was OK and it had always been considered legal. One trooper in Charleston decided that it was not OK and charged a man for doing that. In court the judge ruled that neither the Official SC Drivers Handbook nor any AG opinion or any other opinion counted, only the wording of the law and found the man guilty. The legislature did make a change in the law but it did not do that particular man any good.

  7. Keep it on your side and move it forward then put your shirt behind the gun and put your seatbelt on just remember to cover it back up before you get out of the car

  8. #17
    Join Date
    Oct 2009
    Location
    South Carolina USA
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    1,450
    If I'm not mistaken SC recently updated the car carry law to allow for carry in places that are NOT closed and fastened. I believe it is now legal to carry your firearm in places like the door pouch/pocket, car holster AND under the seat; IF YOU HAVE A "VALID" SC CWP. (However, I could be wrong. I wish I could remember the "Bill" number so I could go look it up.)


    Of course the rub comes in when you have someone else in your car that does NOT have a valid CWP. It would be possible for them to get into trouble if they had immediate access to a weapon.

    Otherwise, you must carry according to the above post by lukem.

    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:
    (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;

  9. #18
    Join Date
    Jan 2009
    Location
    Manchester State Forest, SC
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    376
    Quote Originally Posted by tcox4freedom View Post
    If I'm not mistaken SC recently updated the car carry law to allow for carry in places that are NOT closed and fastened. I believe it is now legal to carry your firearm in places like the door pouch/pocket, car holster AND under the seat; IF YOU HAVE A "VALID" SC CWP. (However, I could be wrong. I wish I could remember the "Bill" number so I could go look it up.)


    Of course the rub comes in when you have someone else in your car that does NOT have a valid CWP. It would be possible for them to get into trouble if they had immediate access to a weapon.

    Otherwise, you must carry according to the above post by lukem.
    That was part of the omnibus bill H.3292, which as we all know is dead for now. You are in fact mistaken about where concealable weapons can be carried in a vehicle.

    Additionally while I'm typing, homershoots was kind enough to provide incorrect information above concerning notification. You do not have to notify police that you have a CWP unless you are carrying pursuant to said CWP. Based on personal experience, second hand experience and talking to cops I know, you're almost always better not to notify.
    "I believe we should achieve a national standard on gun control, and that standard should be none whatsoever."

  10. #19
    Join Date
    Dec 2009
    Location
    South Carolina, Myrtle Beach
    Posts
    156
    While the exemptions were part of the way to sweeping H.3292 there was a bill passed last year to clear up some of the ambigutity. Previously the law could have read that even a CWP holder had to put the gun in the console or glovebox. The new bill that was passed to clarified that a CWP holder could carry it on themselves. A peice of legislation needed to address the complete lack of common sense by people who interpert everything like a robot. I will pass on my alcohol is restaurant carry rant at this time. A similar bill was passed to clarify that a CWP owner could have a gun in his car on school property BUT that must be off the body.

  11. #20
    Join Date
    Jan 2009
    Location
    Manchester State Forest, SC
    Posts
    376
    Quote Originally Posted by SCfromNY View Post
    While the exemptions were part of the way to sweeping H.3292 there was a bill passed last year to clear up some of the ambigutity. Previously the law could have read that even a CWP holder had to put the gun in the console or glovebox. The new bill that was passed to clarified that a CWP holder could carry it on themselves. A peice of legislation needed to address the complete lack of common sense by people who interpert everything like a robot. I will pass on my alcohol is restaurant carry rant at this time. A similar bill was passed to clarify that a CWP owner could have a gun in his car on school property BUT that must be off the body.
    Really? I think you're mistaken. What bill was that? A link would be dandy.
    "I believe we should achieve a national standard on gun control, and that standard should be none whatsoever."

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