Gun in car w/ SC CWP - Page 2
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Thread: Gun in car w/ SC CWP

  1. #11
    Join Date
    Apr 2008
    Location
    The Lowcountry, SC
    Posts
    5
    Quote Originally Posted by Creeker View Post
    I don't get the difficulty.

    State Law allows anyone (legal to own one, of course) to carry a pistol in a closed container within their vehicle.

    You don't need a CCW to legally carry your firearm within your vehicle in a container.

    As a Cop for 23 years, and a Crime Scene/Property Tech for 17, I returned many firearms to owners inside of a closed brown paper bag.

    Feel free to await an "official ruling" from the Atty General while you lock up your safety at home.
    The difficulty for me is the ponderous, double-speak language of the law. I'm an English teacher, so I'm at least semi-literate, but having never attended law school, the legal explanation is like an ancient riddle. Obviously, I'm not alone...Seems like we are still at least a little vague.

    BTW,nothing will be "locked at home..." Gun will travel regardless.

    I believe I will skip the under-seat drawer and cover the weapon with a clean cloth on the passenger seat when I'm driving in the 'hood (most of Charleston.) I will keep it in console under normal driving circumstances... Thanks for the input, everybody. Wherever your gun is in the car, be safe.
    Ed
    Macy8---Ruger LCP, Ruger SR9, G36, G27, Ruger GP-100, S&W 642, Walther P-38, , HK 12gauge and a big-ass wrench.

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  3. #12
    The law has read "closed container" for years.

    The "closed container" has never been defined as far as I've ever known.

    Outside of an Inventory of your vehicle or some other circumstances, a LEO cannot go into a closed container outside of a Search warrant.

    I'd prefer that you not carry it under a rag on your seat, just for the simple safety issue alone. I don't care how conscientous you are, you will at some point need to get out of your car (gas pump?) and forget all about it, or create a stir when you accidentally display it while you are securing it.
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  4. #13
    Quote Originally Posted by Creeker View Post
    The law has read "closed container" for years.

    The "closed container" has never been defined as far as I've ever known.

    Outside of an Inventory of your vehicle or some other circumstances, a LEO cannot go into a closed container outside of a Search warrant.

    I'd prefer that you not carry it under a rag on your seat, just for the simple safety issue alone. I don't care how conscientous you are, you will at some point need to get out of your car (gas pump?) and forget all about it, or create a stir when you accidentally display it while you are securing it.
    Actually the closed container was defined by the AG about 25 years ago and as far as I know still followed. The local Captain of the HIghway Patrol spoke at our safety meeting many years ago and said that the closed container was a latched satchel. This means any case with some kind of latching mechanism even a zipper. It does not have to be locked but only latched. As long as something besides gravity holds it closed then it meets the requirements but a brown paper bag would not. This is only for the container definition so whateve else is called for be careful.

  5. #14
    My biggest problems with this whole legaleze thing is two fold:

    first if a LEO makes the decision that you are breaking the law there is not much you can do at the moment but cooperate... So, first impressons are probably the most important part of any encounter.... once an officer decides your are breaking the law and is going to arrest you... the debate is not going to be between you and them but your lawyer and a DA and judge or at the very leat someone higher up and further down the line... best to not to get to this point.

    2nd problem I have is I've lived my whole life in S.C. I grew up in rural S.C. where just about everyone had a gun in the car. I know I carried one in my car all the way through highschool. I often carried on my person when out and about and always carried when out in the woods. Back in the 70s it was normal to come around a curve and there were 5 or 6 highway patrol'men' doing a license check... more often than not I had guns laying out all over the place... no body thought about it.

  6. #15
    Join Date
    Jan 2008
    Location
    Honolulu, HI & Salt Lake City, UT
    Posts
    2,797
    Quote Originally Posted by FN1910 View Post
    Actually the closed container was defined by the AG about 25 years ago and as far as I know still followed. The local Captain of the HIghway Patrol spoke at our safety meeting many years ago and said that the closed container was a latched satchel. This means any case with some kind of latching mechanism even a zipper. It does not have to be locked but only latched. As long as something besides gravity holds it closed then it meets the requirements but a brown paper bag would not. This is only for the container definition so whateve else is called for be careful.
    What about a brown paper bag that's sealed with a piece of duct tape? Can't help the "MacGyver" in me.



    gf
    "A few well placed shots with a .22LR is a lot better than a bunch of solid misses with a .44 mag!" Glock Armorer, NRA Chief RSO, Pistol, Rifle, Shotgun, Muzzleloading Rifle, Muzzleloading Shotgun, and Home Firearm Safety Training Counselor

  7. #16
    Quote Originally Posted by Glock Fan View Post
    What about a brown paper bag that's sealed with a piece of duct tape? Can't help the "MacGyver" in me.



    gf
    Not sure about that one, have to ask the judge. :icon_cheesygrin:

  8. #17
    You guys are way to 'old school'

    Think TUPERWARE!

  9. #18
    My wife has some off brand "tupperware" that the lid actually has catches that snap on rather than the normal pressure fit that tupperware uses. I would assume that the ones with the catches cover the AG opinion technically whether or not it meets the spirit of the opinion. As I said the opinion was issued about 25-30 years ago but the laws haven't really changed so I would think it still applies. I am sure the judge would let us know if it does.

  10. #19
    Solution is simple.... include in the tupperware or what ever container you are using... a glove. Just a cheap simple cotton glove and you have met the wording of the law because the handgun is being kept in the "glove box."

    Hows that for internet lawyering?

  11. #20
    Quote Originally Posted by [email protected] View Post
    Solution is simple.... include in the tupperware or what ever container you are using... a glove. Just a cheap simple cotton glove and you have met the wording of the law because the handgun is being kept in the "glove box."

    Hows that for internet lawyering?
    Makes as much sense as a lot of things I read on the Internet. :06::bicycle:

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