New South Carolina Bill Would Allow Guns On School Property - Page 8
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Thread: New South Carolina Bill Would Allow Guns On School Property

  1. #71
    Join Date
    Sep 2007
    Location
    Gray Court, SC
    Posts
    2,934
    Rule #1 Never ask a LEO about a law! You'll get 15 different answers from 15 different LEO's.

    He's wrong! If you read the law it states that it's illegal for anyone to have a firearm on school grounds. If you read further it states that people with a CWP are exempt from this law.

    (A32, R74, S593)

    AN ACT TO AMEND SECTION 16-23-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE AN EXCEPTION FOR PERSONS WHO ARE AUTHORIZED TO CARRY A CONCEALED WEAPON WHEN THE WEAPON IS INSIDE A MOTOR VEHICLE AND SECURED; AND TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE PROHIBITION ON THE CARRYING OR DISPLAYING OF FIREARMS IN PUBLIC BUILDINGS AND ADJACENT AREAS, SO AS TO PROVIDE AN EXCEPTION ON SCHOOL PROPERTY FOR PERSONS WHO ARE AUTHORIZED TO CARRY A CONCEALED WEAPON WHEN THE WEAPON IS INSIDE A MOTOR VEHICLE AND SECURED.

    Be it enacted by the General Assembly of the State of South Carolina:

    Concealed weapons, school property exception

    SECTION 1. Section 16-23-430 of the 1976 Code is amended to read:

    "Section 16-23-430. (A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.

    (B) This section does 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.

    (C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest."

    Concealed weapons, school property exception

    SECTION 2. Section 16-23-420(A) of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:

    "Section 16-23-420. (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."
    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

  2.   
  3. #72
    Quote Originally Posted by Germanicus View Post
    ...they are usually armed with at best a Glock 22,...
    That's the standard police sidearm in SC, everywhere from Walhalla, to Varnville, to Tega Cay, and on all the highways in between. It's my sidearm of choice. FBI, ICE and the Federal Marshals carry them too. I'd say that being armed with a G22 is not a bad thing.

    Do you honestly expect a resource officer to carry a shotgun or carbine while patrolling around the school's grounds?

  4. #73
    Quote Originally Posted by AllAmerican View Post
    90 days is 90 days guys. It is not business days it is within 90 days of cashing the check. I have asked and this is the correct answer. If in fact it runs longer than SLED has broken the law. Looks at the statutes. It does not say 90 working days but rather 90 days total.

    Correct me if Im wrong but I have it from a relieble source that 90 days is 90 days.
    That depends on what your definition of is is.

  5. The guy that I took my CWP class from told us that it normally takes about 90 days, but they have to legally get it to you within 180 days. He also said that lately it's been taking almost all of that 180 days. I called SLED to ask them about this and they said that was true last year but now they've actually cut it down to a little less than 90 days.

  6. #75
    Quote Originally Posted by AndeyHall View Post
    The guy that I took my CWP class from told us that it normally takes about 90 days, but they have to legally get it to you within 180 days. He also said that lately it's been taking almost all of that 180 days. I called SLED to ask them about this and they said that was true last year but now they've actually cut it down to a little less than 90 days.
    I guess it all depends on how legally is legally defined.

  7. #76
    Join Date
    Dec 2007
    Location
    Greenville, SC
    Posts
    339
    So I have a question...

    If I am dropping off my kid at school, and I have my gun in my holster, but I don't exit the vehicle, am I being legal here? The law states that I can have it "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"
    My Website: Nerd with a .45

  8. #77

    Not a perfect reform, we'll have to try again

    If you are on the property of the school, the sidearm needs to be stowed to be in compliance. This is not a perfect reform to the previous law, but it's a start. We will need to try this one again untill the legislature gets it right.

  9. Re: New South Carolina Bill Would Allow Guns On School Property

    Quote Originally Posted by Danno
    So I have a question...

    If I am dropping off my kid at school, and I have my gun in my holster, but I don't exit the vehicle, am I being legal here? The law states that I can have it "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"
    Here's how you need to think about it: even though the law applies only to CWP holders, the privileges of a CWP don't apply. When on public school grounds, your CWP is just your ticket to have your normal SC gun rights. You get what I'm saying or did I make it even more confusing?

  10. Re: New South Carolina Bill Would Allow Guns On School Property

    Quote Originally Posted by G50AE
    If you are on the property of the school, the sidearm needs to be stowed to be in compliance. This is not a perfect reform to the previous law, but it's a start. We will need to try this one again untill the legislature gets it right.
    And the entire US needs to get it right. When I turn 21 and get my CWP, I'd like to be able to carry to class. If you look at the Constitution, it says nothing about a permit under the 2nd Amendment (or an age but let's face it, that would be crazy to have kids carrying). So in my opinion, the fact that I have to get a permit to carry, and then putting stipulations on where I can carry even then is a huge slap in the face by our gov't. I mean if you think about it, that should mean that we need a free speech permit and there's still stipulations on what you can say then. I guess I shouldn't say that though, it might give the Obama administration some ideas.

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