Gun in car w/ SC CWP - Page 8
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Thread: Gun in car w/ SC CWP

  1. #71
    Quote Originally Posted by wolfhunter View Post
    Tupperware Container? Let's be honest. That's the box the Glock originally came in.
    Funny you mention that. If I had to transport in that fashion, that is the very container I would use.
    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

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  3. #72
    Well if the gun is in a closed container in the cargo compartment (trunk) then that is about as 'anti-gun friendly' as you can get. It's how I would transport any spares and extras.

    but then if it's not for the protection of the children it's for the safety of the police, right? :)

  4. #73
    For some reason this thread seems to have been all over the place with a lot of assumptions. Assuming that you are not prohibited in some way such as a convicted felon, are over the age of 17, not on prohibited property. Also it does not matter whether you have a CWP or not, does not matter if the gun is loaded or not, and doesn not amtter if you have any spare ammo or magaxzines with you. The glove compartment ...... does not have to be locked nor does it even have to have a lock on it. It just has to be closed. The following is the law in SC:

    http://www.scstatehouse.gov/code/t16c023.htm


    16-23-20-9-(a)

    (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
    (9) a person in a vehicle if the handgun is:

    secured in a:
    1. closed glove compartment,
    2. closed console,
    3. closed trunk,

    or (Note the word or, it does not have to be in a container in the trunk)

    in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle;

    16-23-10

    (10) "Luggage compartment" means the trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term "luggage compartment" refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term "luggage compartment" refers to the area behind, but not under, the rearmost seat. In a truck, the term " luggage compartment" refers to the area behind the rearmost seat, but not under the front seat.

  5. #74
    ...FN1910 has posted the law. I teach you either carry on your person WITH a valid South Carolina Concealed Weapons Permit OR you have a handgun in your automobile and a current South Carolina Drivers License and you are transporting it in accordance with the law as posted by FN1910, as a citizen of South Carolina. As you can see a valid S.C. CWP holder has the OPTION to carry on your person OR carry as a South Carolina citizen.
    It is VERY important to remember what the S.C. law requires of a valid CWP holder: SECTION 23-31-210. Definitions. As used in this article:
    (6) “Concealable weapon” means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property.
    I respectfully ask that each CWP holder comply with the current law. THANKS!
    Be Safe,
    Jim
    Owner, Self Defense CWP

  6. Quote Originally Posted by Self Defense CWP View Post
    ...FN1910 has posted the law. I teach you either carry on your person WITH a valid South Carolina Concealed Weapons Permit OR you have a handgun in your automobile and a current South Carolina Drivers License and you are transporting it in accordance with the law as posted by FN1910, as a citizen of South Carolina. As you can see a valid S.C. CWP holder has the OPTION to carry on your person OR carry as a South Carolina citizen.
    It is VERY important to remember what the S.C. law requires of a valid CWP holder: SECTION 23-31-210. Definitions. As used in this article:
    (6) “Concealable weapon” means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property.
    I respectfully ask that each CWP holder comply with the current law. THANKS!
    I never carry it on my person in my vehicle, and that is for 2 reasons: 1)it's easier to get to from the center console if I need it than from my side, and 2)because then if I'm pulled over I do not have the duty to notify them that I am a CWP holder and that I have guns in the vehicle. I know that is the courteous thing to do, but every time I haven't told them about the gun, they do their thing and we all go on our way. If I do tell them about the gun/CWP, I get treated like a suspect in a crime. Therefore I feel because of my experiences, law enforcement has lost their right to know when I have a gun in my vehicle. And besides, it's not like I ever plan on using it on them, so why do they need to know?

  7. Gun in car w/ SC CWP

    Quick question for you guys. In my CRJ class at Clemson yesterday we were discussing the 4th Amendment and I brought up an instance where I was pulled over and it was one of the few times I told the officer I had a gun in the car. He asked to hold on to it during his traffic stop and I agreed. While he had it, I guess he felt compelled to run the serial number and it popped as a stolen gun. Now I knew this wasn't possible because I bought the gun brand new. Turned out somebody had reported a gun stolen in another state and typed the serial number wrong and I was the lucky winner that matched (why can't I have that kinda luck with the lottery?). Anyways, my professor said that unless you are being investigated for a specific crime in which running the serial number of the gun is relevant, then that would fall under unlawful search and seizure. Anybody know of any law that would say otherwise?

  8. #77
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    • (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;"


      It leaves a lot of room for interpretation.

      Makes it sound like you could have it in the seat and covered with towel.....Or not.....Clear as MUD.








    Folks ask why I carry two guns...Well if I did not I'd be off balance and walk in circles!

  9. #78
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    Quote Originally Posted by AndeyHall View Post
    I never carry it on my person in my vehicle, and that is for 2 reasons: 1)it's easier to get to from the center console if I need it than from my side, and 2)because then if I'm pulled over I do not have the duty to notify them that I am a CWP holder and that I have guns in the vehicle. I know that is the courteous thing to do, but every time I haven't told them about the gun, they do their thing and we all go on our way. If I do tell them about the gun/CWP, I get treated like a suspect in a crime. Therefore I feel because of my experiences, law enforcement has lost their right to know when I have a gun in my vehicle. And besides, it's not like I ever plan on using it on them, so why do they need to know?



    In SC, you could lose, gun and freedom....The law is very clear...Your feelings don't enter into it...You can test the law if you wish but be ready to pay the price...Even if you are not convicted you will be out thousands to defend yourself.
    Folks ask why I carry two guns...Well if I did not I'd be off balance and walk in circles!

  10. Quote Originally Posted by NCIC105 View Post
    Quote Originally Posted by AndeyHall View Post
    I never carry it on my person in my vehicle, and that is for 2 reasons: 1)it's easier to get to from the center console if I need it than from my side, and 2)because then if I'm pulled over I do not have the duty to notify them that I am a CWP holder and that I have guns in the vehicle. I know that is the courteous thing to do, but every time I haven't told them about the gun, they do their thing and we all go on our way. If I do tell them about the gun/CWP, I get treated like a suspect in a crime. Therefore I feel because of my experiences, law enforcement has lost their right to know when I have a gun in my vehicle. And besides, it's not like I ever plan on using it on them, so why do they need to know?



    In SC, you could lose, gun and freedom....The law is very clear...Your feelings don't enter into it...You can test the law if you wish but be ready to pay the price...Even if you are not convicted you will be out thousands to defend yourself.
    I've got a free attorney. The person who confirmed this for me is my Criminology professor who is a licensed defense attorney in SC. According to him, the way the law is written I would not have to inform if it isn't on me.

  11. #80
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    Quote Originally Posted by AndeyHall View Post
    I've got a free attorney. The person who confirmed this for me is my Criminology professor who is a licensed defense attorney in SC. According to him, the way the law is written I would not have to inform if it isn't on me.

    Let me know when your court date is, and I will love to attend and listen. It would be an interesting case...As I said my interpretation of the law will not be Officer Smiths.... The law is prevaricates.
    Folks ask why I carry two guns...Well if I did not I'd be off balance and walk in circles!

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