SC Public Parks & Playgrounds - Page 2
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Thread: SC Public Parks & Playgrounds

  1. Ok, so let me ask you this....I know it's legal to carry in a public park, like the water front park here in Beaufort, and I also know it's illegal to carry into an establishment which serves alcohol for consumption on premises....now, what about like during the water festival this week where the park is still outdoors but they serve alcohol within the confines of the park....but it's not an establishment, it's a park. Can I still legally carry??

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  3. #12
    Join Date
    Dec 2008
    Location
    Greenwood,South Carolina
    Posts
    68
    Ok, what about a city park with a no ccp sign? (It's also known to have drug and gang activity there.)

  4. #13
    Join Date
    Jun 2009
    Location
    North Augusta, SC
    Posts
    16
    SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on premises consumption.

    In addition to the penalties provided for by Sections 16 11 330 and 16 23 460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.
    In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked.

  5. #14
    Join Date
    Jun 2009
    Location
    North Augusta, SC
    Posts
    16
    The law above clearly says business and they do not provide a defintion for premises. Now, as to how it can be interpreted is up to the solicitor and possibly a jury. If the festival has a business license and an alcohol license then I'd be wary of carrying.

  6. #15
    Join Date
    Jun 2009
    Location
    North Augusta, SC
    Posts
    16

    If the sings don't meet these requirements they're not legal

    Quote Originally Posted by bigspurr View Post
    Ok, what about a city park with a no ccp sign? (It's also known to have drug and gang activity there.)
    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.

    SECTION 23-31-240. Persons allowed to carry concealed weapon while on duty.

  7. #16
    actually, you can now carry the weapon into an establishment that sells/serves alchol as long as your not the one drinking alchol.

  8. #17
    Quote Originally Posted by wwalker1187 View Post
    actually, you can now carry the weapon into an establishment that sells/serves alchol as long as your not the one drinking alchol.
    Just as in the other thread you are wrong on that as far as common interpretation goes. However there are some that have the opinion (I am one of those) that a strict reading of the law supports what you are saying. However an AG opinion from several years back went on about 6 pages trying to say that carry in those places is illegal basing it on many different thing other than the exact wording of the code.

    We have been wanting someone to volunteer to be the test case for quite some time so I take it that you are doing that. I have also pledged $50 to the defense fund for the person willing to be the test case. Let me know when your case reaches the state Supreme Court and where to send the funds.

  9. #18
    Quote Originally Posted by wwalker1187 View Post
    actually, you can now carry the weapon into an establishment that sells/serves alchol as long as your not the one drinking alchol.
    Read the other thread. Civilized and law abiding citizens understand what 'intent' means and as far as I read the law, and not that one particular excerpt taken out of context of the entire law, there is no excuse for misinterpreting this law.

    I too will donate to the defense of a gun law violation being wrongfully charged, just not this one because in my mind, it appears clear as to intent.

    KK

  10. #19
    Quote Originally Posted by FN1910 View Post
    Just as in the other thread you are wrong on that as far as common interpretation goes. However there are some that have the opinion (I am one of those) that a strict reading of the law supports what you are saying. However an AG opinion from several years back went on about 6 pages trying to say that carry in those places is illegal basing it on many different thing other than the exact wording of the code.

    We have been wanting someone to volunteer to be the test case for quite some time so I take it that you are doing that. I have also pledged $50 to the defense fund for the person willing to be the test case. Let me know when your case reaches the state Supreme Court and where to send the funds.
    Was in a Longhorn Stakehouse about 2 weeks ago eating lunch, not drinking alchol when about 6-8 cops came in. The Jacket I was wearing hid everything but the tip of the barrell. Trained Police officers have always been able to tell when I was carrying. Plus, my CWP instructor told me that we can now carry into resturants as long as we are not the ones drinking.

    "But you can carry your firearm into a restaurant that serves alcohol and sit and eat
    without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar area of such
    restaurants. In some states it is illegal to be in the Bar area of such restaurants. Handgunlaw.us
    believes you should never consume alcohol when carrying your firearm. In some states it is illegal to
    take even one drink while carrying a firearm. If you want further info on carrying in places that serve
    alcohol check your state laws."

  11. #20
    Not all cops know the law. Next time let it stick out a little more. I'm sure you'll just get a warning:):)

    KK

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