Gun in car w/ SC CWP - Page 5
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Thread: Gun in car w/ SC CWP

  1. #41
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    Oct 2009
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    Myrtle Beach, SC
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    143
    Good question. My guess is that #16 makes it clear that it has to be in a container but I could be wrong. I wrote the guys that wrote the SC Gun Law book and will let you know if they answer and what they have to say.

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  3. #42
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    I was wrong. I'll copy his comments below (in parentheses) but the bottom line is that if you're legal to carry a weapon because of your CWP you can carry on your motorcycle. However, if I were you, I'd make sure you know the law and carry a copy with you because I've already run into a state trooper that didn't know the law.

    ((((((((((((((((((( my comments in parenthesis ))))))))))))))))))))









    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:



    (((((((Unlawful to carry a handgun, on or about your person, whether concealed or not, EXCEPT as follows - the numbered items below are exceptions to the general prohibition on carrying handguns)))))))))))



    (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




    (((((((((( Vehicle exception)))))))))



    (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;





    (((((((((In vehicle, on or about person, with CWP exception - specific to vehicles - this is a REDUNDANT exception because of the first part of exception # 12 below)))))))))))))







    (12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee's person and a location specified in item (9);


    (((((((((((((((( The first half of this exception to the general handgun prohibition is "catch all" so long as the person has a CWP and carries legally according to the CWP law - there is no prohition to carrying on motorcycles in the CWP law)))))))))))))))))))))))






    (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.



    (((((((((((((((( This is an exception to the handgun prohibition for motorcyclists who want to carry in their saddlebags - if the motorcyclist wants to carry on or about his person, they are covered under exception 12 above.))))))))))))))))))))))))))

  4. #43
    Join Date
    Oct 2009
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    South Carolina USA
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    Might I suggest the book: "South Carolina Gun Law" written by a couple of SC attorneys and a SC LEO. www.scgunlaw.com

    Keep in mind, I am NOT an attorney! But the way I understand the law is:

    #1- A container with an "integral" fastener is key.
    So it appears you would be safe & legal if your firearm was in a closed gun case or range bag "IF" that case is in the luggage compartment.

    If you do NOT have a trunk, the rear most compartment is fine. If in a truck, the area behind but NOT under the rear most seat is fine.

    #2- Under the seat; door pockets; between the seat & console are NO-NO's.


    The authors state on page 86 of South Carolina Gun Law: "The best way to stay safe from criminal and civil liability is to keep handguns in safe containers like holsters, purses, pockets, cases or glove compartments."

    It would appear a "CLOSED/Secured" glovebox or console is fine as long as the compartment can be/IS "SAFELY" secured. This is true for permit holders and NON permit holders alike.

    Furthermore it would seem:
    IF you are a CWP holder, you can keep it "ON or ABOUT" your person; BUT "not" loose in your vehicle. This seems to include holsters and purses.

    IF you choose NOT to keep your firearm in the glovebox or console and opt to transport in a gun case, range bag or "other" container with an "integral" fastener the container must be kept in the luggage area or rear most compartment.


    What my LEO friends say:
    They do NOT want a gun kept in a place where it is easily accessible by the occupant or occupants of a vehicle. So, if a person is alone in the car a gun case or range bag on the back seat (where luggage would be kept if you were driving on a trip alone); is "most likely" fine IF you have a CWP. (For NON permit holders; any firearms MUST be in the trunk, luggage compartment OR secured in a glovebox or console.)

    HOWEVER; "IF" there are multiple occupants in a vehicle, the bag needs to be in the trunk, luggage compartment or behind the most rear seat in the case of a pick up truck.

    I hope this has helped clear some of the confusion.

  5. #44
    Quote Originally Posted by badarac View Post
    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?
    One would not preclude the other. This is simply a list of acceptable methods of carry. You may carry in the fashion described in (16), or if you have a permit, you may carry in the fashion described in (9b). Realize though that you do not need to carry on or about your person simply because you have a CCW. You need only comply with one (any one) of these provisions.
    The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first. - Thomas Jefferson

  6. #45
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    SC only allows you to carry a firearm in the Vehicle in following three places:
    1.) Console 2.) Glove Box 3.) Trunk.
    If you have a CCP you may then carry on your person in addition to the three listed. IF you out of your Vehicle and female, you may carry in your purse or on your person. Sorry guys, no man bags allowed.

  7. #46
    Join Date
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    Gray Court, SC
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    Quote Originally Posted by mappow View Post
    SC only allows you to carry a firearm in the Vehicle in following three places:
    1.) Console 2.) Glove Box 3.) Trunk.
    If you have a CCP you may then carry on your person in addition to the three listed. IF you out of your Vehicle and female, you may carry in your purse or on your person. Sorry guys, no man bags allowed.
    I don't agree with that statement. There is nothing in the law that says you can't carry it in a man bag. You can carry in a fanny pack and women can carry in their purse so I doubt anyone would say anything if you had a firearm in a man bag. It would never make it to court!
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  8. #47
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    Not splitting hairs but the CCP is issued for concealment on ones person. From what I understand and was taught, no other options allowed per SC State Law with the exception if you're female and have a purse. Although not a Lawyer nor fully cognizant of all laws of SC, making it to court is not the issue. It's will I be arrested for a weapons violation per SC Law.

  9. #48
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    Myrtle Beach, SC
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    I'm pretty sure that the Attorney General issued an opinion that extended it to purse, bag, briefcase, etc.

  10. #49
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    Sep 2007
    Location
    Gray Court, SC
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    The problem is sometimes an instructor will give out opinionated statements without any basis of the law. If a bag is illegal then a fanny pack or any pouch worn on a belt would be illegal since it's not being carried under clothing. bbarton713, you just rang a bell in my head. I remember an opinion rendered a couple years ago on that.

    Here's a man bag for CC. http://www.maxpedition.com/store/pc/...p?idproduct=31
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
    To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them... -- Richard Henry Lee, 1787

  11. #50
    Quote Originally Posted by utimmer43 View Post
    One would not preclude the other. This is simply a list of acceptable methods of carry. You may carry in the fashion described in (16), or if you have a permit, you may carry in the fashion described in (9b). Realize though that you do not need to carry on or about your person simply because you have a CCW. You need only comply with one (any one) of these provisions.
    That would be a correct reading. If you fall under any one of the exemptions, then you do not need to worry about trying to fall under another exemption.

    Getting back to something that Kelcarry said, yes the firearms laws in this state can be cumbersome in their wording. Title 61, Alcohol and Alcoholic Beverages, of South Carolina law is in all ways WORSE. Although things have gotten somewhat better with the repeal of the mini-bottle law, this area of law in the People's Republic of South Carolina is still ridiculously cumbersome.

    In the state of South Carolina you do not have a solid legal definition of what a "bar" is. Only restaurants, private clubs, and hotels can obtain a licence for on premises consumption of liquor. A "bar" whatever that nebulous term covers, cannot serve liquor, only beer, wine, and beverages classified as wine coolers. This is one of these reasons that restaurant carry is stalled in South Carolina, every place open to the public that sells liquor for consumption on the premises is a restaurant, unless they are considered a hotel.

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