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Thread: SC "real property" law

  1. #11
    Quote Originally Posted by AndeyHall View Post
    Ok you may have answered my intended purpose for asking with your edit. The main reason I'm inquiring is because with the way it was taught in my classes (I sat through a second class with some friends) then the dorm of a college would be exempt from college gun bans since you are paying to live there. But I'm not sure if you're paying an accommodation tax in a dorm. I never lived in them myself.
    Section 23-31-210 says: "Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid."

    Section 12-26-920 [Tax on accommodations for transients; reporting] says in part: "A sales tax equal to seven percent is imposed on the gross proceeds derived from the rental or charges for any rooms, campground spaces, lodgings, or sleeping accommodations furnished to transients by any hotel, inn, tourist court, tourist camp, motel, campground, residence, or any place in which rooms, lodgings, or sleeping accommodations are furnished to transients for a consideration."

    Additionally it says: "The gross proceeds derived from the lease or rental of sleeping accommodations supplied to the same person for a period of ninety continuous days are not considered proceeds from transients."

    I have never lived in a dorm either (although I did climb through a window to get into one once), but I assume one rents a dorm by the semester. How long is a semester, 15 or 16 weeks? I'm not a tax expert or lawyer, but it sounds like the guy teaching the course did not sleep at a Holiday Inn last night. There may be other reasons why a college ban is not copacetic, but I don't think the one he gave holds water. I could be wrong, but I wouldn't bet my freedom on it.

    These courses should really be free. At least then, they would be worth every cent paid.

  2.   
  3. #12
    Accomodations taxes are not paid on dorm rooms therefore Section 23-31-210 does not apply.

  4. #13
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    Quote Originally Posted by AndeyHall View Post
    So you're saying the law may allow you to have a gun in your dorm room under the castle doctrine? Barring that you can legally possess a firearm in the first place of course...
    SECTION 23-31-230. Carrying concealed weapons between automobile and accommodation.

    Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
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    This gets you from the car to the dorm-room, and the other SC laws I have read regarding schools specify elementary and secondary schools. As the owners of the property, a university would have a say-so on firearms on the premises and must have the proper signage:
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    SECTION 23-31-235. Sign requirements.

    (A) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.

    (B) All signs must be posted at each entrance into a building where a concealable weapon permit holder is prohibited from carrying a concealable weapon and must be:

    (1) clearly visible from outside the building;

    (2) eight inches wide by twelve inches tall in size;

    (3) contain the words “NO CONCEALABLE WEAPONS ALLOWED” in black one inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

    (4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty five degree angle from the horizontal;

    (5) a diameter of a circle; and

    (6) placed not less than forty inches and not more than sixty inches from the bottom of the building’s entrance door.

    (C) If the premises where concealable weapons are prohibited does not have doors, then the signs contained in subsection (A) must be:

    (1) thirty six inches wide by forty eight inches tall in size;

    (2) contain the words “NO CONCEALABLE WEAPONS ALLOWED” in black three inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

    (3) contain a black silhouette of a handgun inside a circle thirty four inches in diameter with a diagonal line that is two inches wide and runs from the lower left to the upper right at a forty five degree angle from the horizontal and must be a diameter of a circle whose circumference is two inches wide;

    (4) placed not less than forty inches and not more than ninety six inches above the ground;

    (5) posted in sufficient quantities to be clearly visible from any point of entry onto the premises.
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    This is pretty damn specific, so a college saying "no guns" isn't enough. Now the interesting question is whether there is a difference between private universities and public...
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    Ask a pro, not me. All the rest of the laws are here:
    South Carolina Law Enforcement Division

  5. #14
    16-23-420 is pretty specific too.

    (A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and 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.

    (B) It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.

    (C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

    (D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.

    (E) For purposes of this section, the terms "premises" and "property" do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic.

    (F) This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility.
    South Carolina Legislature Mobile

  6. SC "real property" law

    Yeah I think the bottom line is dorms don't apply.

  7. Would most dorms would be considered part of the state owned campus? Private college's dorms may be a different animal. Am I understand that correctly?

  8. #17
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    Quote Originally Posted by izaclown View Post
    Would most dorms would be considered part of the state owned campus? Private college's dorms may be a different animal. Am I understand that correctly?
    it says public AND private. It says you can keep it locked in your car if you have a CCP. It says it is up to the people who run it to give permission, so ask.

  9. Quote Originally Posted by whodat2710 View Post
    it says public AND private. It says you can keep it locked in your car if you have a CCP. It says it is up to the people who run it to give permission, so ask.
    And what do you suspect their answer will be? I'll give you 3 guesses but the first 2 don't count...

  10. #19
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    Ya never know, it ain't New York. Show 'em your permit, tell them that the law says they can give you permission, and ask them why an institution of higher learning would want to inhibit the constitutional rights of a citizen? All they can say is no.

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