Restaurant carry in SC - Page 5
Page 5 of 7 FirstFirst ... 34567 LastLast
Results 41 to 50 of 67

Thread: Restaurant carry in SC

  1. #41
    The only way to carry in SC is concealded carry, unless you are hunting or fishing.

    That make the argument moot because it say's 'carry'.

    The intent of the law is what matters here and the side of the argument that would acknowledge that you are obviousley NOT hunting or fishing while in a resturant, I believe, trumps any convoluted argument that the law states 'carry' instead of 'concealed carry'.

    Those kind of arguments cost people money and waste taxpayers time.

    KK

  2.   
  3. #42
    16-23-465 says in addition to penalties stated in 16-23-460. 16-23-460 says that this section does not apply to those with a CWP. So if 16-23-460 does not apply then how can 16-23-465 be an additional penalty? That is the question that is brought up about restaurant carry and I think a very good case.

    On April 17, 2001 the AG issued an opinion at the request of Sled Chief Robert Stewart. In 2008 Sen. Robert Hayes asked for a new opinion but was just sent a copy of the original on Feb. 28, 2008. The Westlaw number appears to be WL 564590(S.C.A.G.) is you have access to Westlaw. I have a copy saved on my PC but it is too large to post here so I need some way to post it or convert it and make it smaller. The key was that the AG based his opinion on what he thought to be the intent of the Legislature rather than the wording of the law and it took him 6 pages rather then the normal 1-2 for opinions.

  4. #43
    I get your point but I believe in respecting 'intent' and until someone with clout, a judge, says different, my model, and my 'free advice' to SC CWP holders is don't do it.

    I think that with the fact that the original opinion was sent back, instead of a new opinion, means no new judge wants to opine differently.

    KK

  5. #44
    But you can carry your firearm into a restaurant that serves alcohol and sit and eat
    without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar area of such
    restaurants. In some states it is illegal to be in the Bar area of such restaurants. Handgunlaw.us
    believes you should never consume alcohol when carrying your firearm. In some states it is illegal to
    take even one drink while carrying a firearm. If you want further info on carrying in places that serve
    alcohol check your state laws.

  6. #45
    Quote Originally Posted by wwalker1187 View Post
    But you can carry your firearm into a restaurant that serves alcohol and sit and eat
    without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar area of such
    restaurants. In some states it is illegal to be in the Bar area of such restaurants. Handgunlaw.us
    believes you should never consume alcohol when carrying your firearm. In some states it is illegal to
    take even one drink while carrying a firearm. If you want further info on carrying in places that serve
    alcohol check your state laws.
    Your wrong but being that you feel your right, let me know how that ends for you. There a bunch of us waiting for just that very thing:):):)

    I know the state law in SC and although a bit messy to figure out, it states you can't carry in an alcohol serving resturant.

    It has to mean 'concealed carry' because it can't mean 'just plain carry' because you can't 'just plain carry' anywhere but on the lake or in the woods while hunting or fishing.

    How do you get around that?

    KK

  7. #46
    A couple of years ago I got the info from a very reliable source that the SCAG asked that the word be passed around to LEO to not try and enforce the law on CC in a restaurant unless it involved some other offense. The reasoning behind this was that he was not sure that the opinion on CC in a restaurant that serves alcohol would stand up in court and did not want to try a test case opening the door for full carry. He felt that as long a people thought it was illegal they would usually try to obey it but if the opinion was overturned in court then there would be no option. So if you are sitting there having a meal and not bothering anyone minding your own business then you are probably not going to have problems with a LEO. In fact I have been told by more than one LEO in SC that as long as you "behave yourself" and not make a deal out of your gun they really don't care. Of course there is always the chance of running into the one that want to make a name for himself. Like the city cop here that would, and has, given his own mother a ticket for speeding.

  8. #47
    Join Date
    Dec 2009
    Location
    South Carolina, Myrtle Beach
    Posts
    156
    I have to agree with "FN1910" because it also makes sense. I am not sure how the hunting and fishing info was called for. The subject had nothing to do with open carry only that a person with a CWP would NOT be illegally carrying his gun. The fact that in SC you can legally have a firearm in many spots without a CWP is what I believe this law is aimed at.

    I hope and believe that the confusion on this law will addressed in the next legislature session after the 6 month vacation. Anyone reading who may be instrumental in crafting a law PLEASE keep it simple unlike last years far to comprehensive debacle.

  9. #48
    Quote Originally Posted by Keykutter View Post
    Your wrong but being that you feel your right, let me know how that ends for you. There a bunch of us waiting for just that very thing:):):)

    I know the state law in SC and although a bit messy to figure out, it states you can't carry in an alcohol serving resturant.

    It has to mean 'concealed carry' because it can't mean 'just plain carry' because you can't 'just plain carry' anywhere but on the lake or in the woods while hunting or fishing.

    How do you get around that?

    KK
    you can CC in a resturant, as long as you're not drinking alchol. you can also open carry on your property and on other people's property as long as they give you permission.

  10. #49
    Quote Originally Posted by wwalker1187 View Post
    you can CC in a resturant, as long as you're not drinking alchol. you can also open carry on your property and on other people's property as long as they give you permission.
    I'd like to see your source. Especially where it indicates 'as long as you are not drinking'.

    As far as "most" cops being told not to pursue a cc in a resturant, if it's not ALL, there is a chance you may get your permit revoked by those who interpret the law as it seems stated to me.

    Just saying you can do it doesn't make it so.

    Yes, I agree you can open carry on private property with permission, my statement was for general, no permission purposes. For general purposes, without express permission, the only place you can open carry is while hunting or fishing. CC is not allowed anywhere unless you have a permit, in general.

    You keep stating the same thing over and over. There are others who have posted the excerpt of the law but your only proof seems to be your statement.

    I'm not telling you not to do it, I just think it is terrible advice to give someone the notion it is OK to do so with the fact that some people are looking for correct answers. I hope they understand that an internet forum is not the place to get the law straight unless you can put a link to a state gov't site that states the law.

    KK

  11. Quote Originally Posted by wwalker1187 View Post
    you can CC in a resturant, as long as you're not drinking alchol. you can also open carry on your property and on other people's property as long as they give you permission.

    It says without reserve you cannot CC in any establishment that serves alcohol. My instructor said no, and I have talked to numerous other CWP instructors who said its a definite no.

    If you want to keep your CWP..I'd advise against carrying anyplace that serves alcohol.

Page 5 of 7 FirstFirst ... 34567 LastLast

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