Gun in car w/ SC CWP - Page 4
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Thread: Gun in car w/ SC CWP

  1. #31
    Join Date
    Oct 2009
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    Myrtle Beach, SC
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    143
    I would imagine that about might be related to a purse or briefcase and that has been addressed by the Attorney General of this State in one of his opinions that aren't law but carry the weight of law.

    South Carolina Law Enforcement Division

    You can check out this link to see what all the SC state laws are regarding handguns and concealed weapons. You can not have a gun on the seat next to you, under your seat, or in any other location other than what is specified in the law, namely:

    (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;

    Basically, keep your driver's license, registration, and proof of insurance in a different place than where you store your handgun.

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  3. #32
    Join Date
    Apr 2009
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    Bonneau & Goose Creek, SC
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    440
    Quote Originally Posted by bbarton713 View Post
    I would imagine that about might be related to a purse or briefcase and that has been addressed by the Attorney General of this State in one of his opinions that aren't law but carry the weight of law.

    South Carolina Law Enforcement Division

    You can check out this link to see what all the SC state laws are regarding handguns and concealed weapons. You can not have a gun on the seat next to you, under your seat, or in any other location other than what is specified in the law, namely:

    (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 driverís license, registration, or proof of insurance;
    .
    How does that work when you drive a regular pickup truck?
    Especially when you have a few of them going to the gun range?

  4. #33
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
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    2,388
    Hey bbarton 713: Thank you very much for your answer. Would also appreciate an answer to melloyello's question. My added questions include: The rulings you discussed do not seem to differentiate between a CCWP owner and a non-CCWP owner. I assume a CCWP owner can have the gun on his body like he walks down the street--correct?---but that means his firearm is not locked up. Why in heavens name do they use the language "on or about"? What in the heck is "about"? Sure does not sound like "locked in a trunk or a glove box". I understand that the AG has said his piece, but it really isn't law (I also understand that I am not about to be the guy to spend thousands to prove him wrong)--is anyone in SC trying to truly codify what in the world our gun laws are all about--ie carrying in a premises that serves liquor for profit--I understand a bar, but do not understand going to a restaurant for a nice dinner and finding myself CC-less as I walk with my wife at 10PM down a dark street to get my car. Again I appreciate your replies--nice thing about this forum are the number of knowledgeable people who respond with concise to the point answers.

  5. #34
    Ultimately it is subject to interpretation by the LEO that 'discovers' it. I usually carry my pistol in a carry on bag.... big purse with lots of other stuff in it. As I understand the 'intent' of the law this is legal... under your base ball cap on the front seat is really pushing it... but then how hard is it to put it in the glove box or center console if a blue light comes on?

  6. #35
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    South Carolina/Charleston
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    Hey blume357: Thanks for reply. Just using the baseball cap scenario as having it covered and not in a closed container--ie glove box. I would assume that having some kind of "car holster" that fits somewhere in your driver "cockpit" area is also a no no since it is "visible". I guess the way the law is written "on your person" is meant for CC and "about your person" has been ruled the closed glove box et al.

  7. #36
    Join Date
    Apr 2009
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    Bonneau & Goose Creek, SC
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    Quote Originally Posted by [email protected] View Post
    Ultimately it is subject to interpretation by the LEO that 'discovers' it. I usually carry my pistol in a carry on bag.... big purse with lots of other stuff in it. As I understand the 'intent' of the law this is legal... under your base ball cap on the front seat is really pushing it... but then how hard is it to put it in the glove box or center console if a blue light comes on?
    It's not a big purse, its a satchel

    The section of the code I have a problem with is "in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle;"

    Blume357, when you carry your pistol your "satchel", where is the integral fastener?

    Is the zipper on range bag an integral fastener? Same with a gun rug and your satchel?
    I obviously don't have a luggage compartment in my trunk unless the uncovered bed is considered a trunk.
    -- that's not happening --

    Every glove box already has a pistol, can't fit two pistols.

  8. #37
    Join Date
    Jan 2010
    Location
    Kentucky
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    699
    "about your persons" simply means accessible to you with little effort.

    Basically anywhere inside the interior of a car or the interior of a room that you are currently in.

    Although it's 99% pointless to even have a firearm if you do this, but no matter where you live you are allowed to transport a firearm if;

    1) You are traveling from one location where you may legally possess the firearm to another location where you may also legally possess the firearm, within a states borders still counts.

    2) The firearm is unloaded and in a separate compartment or if a separate compartment is not available, in a locked container. Loaded clips can be with the firearm.

    Some of you that find yourself in states that don't reciprocate your CCW or don't allow OC can use that to at least still have your gun with you.

  9. #38
    Under the seat is not 'about your person'... at least the law makers have decided that.....

    until they change their minds...

  10. #39
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
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    2,388
    I would like to thank those of you who have answered or attempted to answer my questions and are still stuck with ambiguous language like "about your person". I guess I will just keep my loaded weapon on me while in my car, per CC requirements, and stay away from any ambiguity. As far a being a passenger in a pickup with 3 other guys as we go to the gun range, my appreciation of the SC comments and laws are that we can have the unloaded firearms in the cabin of the pickup in their respective cases with ammo also in the case but not in the firearm (or can the ammo be in the firearm since we are all CCWP holders and the firearms are in a closed case).

  11. #40
    I appreciate all the great comments here but I have a little different twist to this topic. The following sections specify how a handgun can be carried:
    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:

    (a) 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; or

    (b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;


    (16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.


    Since they have added 9b allowing concealed carry by cwp holders does it then preclude concealed carry by cwp holders on a motorcycle because it's not specifically mentioned? If I'm on the bike am I required to put the gun in a saddlebag?

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