SC "real property" law
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Thread: SC "real property" law

  1. SC "real property" law

    What exactly does this part of our gun laws mean? The way it was explained to me in my CWP class is that, even if a hotel prohibits gun, you can still keep a gun in your room because since you're paying for it, it is your real property. So is it a general rule that if you're paying to live somewhere, then you can have a gun in your residence even if the establishment prohibits them?

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  3. #2
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    Since I'm not a lawyer this is a little over my pay grade. But, that is my understanding as well. I was taught you can have one in your room even if they have a posted sign. However, you just couldn't CC in the communal areas. (Lobby, vending areas etc)


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    “Only a rookie who knows nothing about science would say science takes away from faith. If you really study science, it will bring you closer to God.” —JAMES TOUR, NANOSCIENTIST

  4. #3
    Section 23-31-230 in the SC code of Laws provides authorization to posses a firearm in your hotel room with or without a permit if you are otherwise legally entitled to posses a firearm. It also provides the authorization to carry it concealed from your conveyance to your room. You must got straight to your room with check-in being the only exception unless you have your CWP.

    Edit to say the law specifically mentions that an accommodation tax must be paid.

    Sent from my iPad using Tapatalk HD

  5. Quote Originally Posted by Gadgetech View Post
    Section 23-31-230 in the SC code of Laws provides authorization to posses a firearm in your hotel room with or without a permit if you are otherwise legally entitled to posses a firearm. It also provides the authorization to carry it concealed from your conveyance to your room. You must got straight to your room with check-in being the only exception unless you have your CWP.

    Edit to say the law specifically mentions that an accommodation tax must be paid.

    Sent from my iPad using Tapatalk HD
    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.

  6. #5
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    Think it falls under the Castle Doctrine

  7. Quote Originally Posted by nca_mm View Post
    Think it falls under the Castle Doctrine
    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...

  8. #7
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    That one....would be for a judge. Many lines cross on that law.

  9. SC "real property" law

    That's kinda my point. There is a complete discrepancy or contradiction in the laws that I don't think they thought of in this scenario.

  10. generally, if you can possess/carry in your OWN home, you can also do so in "temporary residence", which includes a vehicle used for that purpose. (only when parked, of course... your CPL might allow you to be armed whilst you drive....) Since that hotel room is your "temporary residence", as is the college dorm, you should be able to.

    now privately owned places in some states MAY prohibit arms, but in most cases MUST post certain standardised signs in standard locations.. giving notice. In some states, Colorado for one, being caught in a "no guns" zone (such as the Cinemark Theater where James Holmes performed his shootemup) with a gun that is a serious crime on its face. In Washington and Oregon and Missouri, the most that can happen when caught is to be asked to remove the gun from their property... at which point you can remove it and return without it, or remove it and yourself (my preferred choice when in a restaurant... you don't deserve my business if I can't be armed in here). and if you refuse to remove the gun, then and ONLY then can you be charged with criminal tresspass. SO, carry everywhere in those states, and if asked to remove your gun, do so and let them know you'l take your custom elsewhere. I don't know what NC's tresspass/guns on private property laws actually DO.... but that's what some other states do. Some homework for you....

  11. #10
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    It's not a real-property issue but rather more an extension of castle doctrine to any location that you're staying, for which your payment was taxable.
    GOD, GUNS and GUITARS

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