Concealed Carry in places serving alcohol (bars and restaurants)
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Thread: Concealed Carry in places serving alcohol (bars and restaurants)

  1. #1
    Join Date
    Apr 2009
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    Bonneau & Goose Creek, SC
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    Concealed Carry in places serving alcohol (bars and restaurants)

    A friend of mine was finished eating at Pizza Hut when he noticed that someone was being served a beer, was he breaking the law?
    Could he have lost his CWP if someone noticed or he had to defend himself.

    Our interpretation of South Carolina Law differ wrt carry concealed in places that have onsite consumption of alcoholic beverages.
    We're both CCP holders and I say we are lawfully carriers as defined by section 23-31-215 and therefore section 16-23-465 did not apply.
    The law states,"penalty for unlawfully carrying pistol or firearm." However it further states, "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."

    There is no exception for LEO on or off duty, retired, and other elite citizens, so if they are lawfully carrying wouldn't we be lawfully carrying?

    Anyone have an insight?

    Here are the Laws of interest...
    A Section under Concealed Weapons Permit and a section under Crimes and Offenses

    Title 23 - Law Enforcement and Public Safety
    S.C. Code of Laws Title 23 Chapter 31 Firearms - www.scstatehouse.gov-LPITS

    CHAPTER 31.
    FIREARMS

    ARTICLE 4.
    CONCEALED WEAPON PERMITS

    SECTION 23-31-215. Issuance of permits.

    (M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

    (1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
    (2) detention facility, prison, or jail or any other correctional facility or office;
    (3) courthouse or courtroom;
    (4) polling place on election days;
    (5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
    (6) school or college athletic event not related to firearms;
    (7) daycare facility or pre-school facility;
    (8) place where the carrying of firearms is prohibited by federal law;
    (9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or
    (10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.

    A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

    Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.


    Title 16 - Crimes and Offenses
    S.C. Code of Laws Title 16 Chapter 23 Offenses Involving Weapons - www.scstatehouse.gov-LPITS
    CHAPTER 23.
    OFFENSES INVOLVING WEAPONS
    ARTICLE 5.
    MISCELLANEOUS OFFENSES

    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.

  2.   
  3. #2
    I think it's pretty simple, you can't legally. Every judge and lawyer will laugh at you about the LEO's exclusion ... same with the judges and lawyers that work for the state, they get a 'get out of jail card for free.' It is our 'separate and not even close to equal'. system.

    Grassroots S.C. is working on the Restaurant carry bill right now. Don't expect any Help from Henry McMaster regardless of what his bid for Governor web sight says.

  4. #3
    Join Date
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    Quote Originally Posted by [email protected] View Post
    Grassroots S.C. is working on the Restaurant carry bill right now. Don't expect any Help from Henry McMaster regardless of what his bid for Governor web sight says.
    We're part of Grassroots and I was told that the bill failed.

    McMasters isn't getting my vote, hope there is a candidate worth electing.

  5. #4
    Join Date
    Dec 2008
    Location
    Grand Strand / South Carolina
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    Blume keeps us up to date so I'm assuming that melloyellow is referring to the restaurant bill that was connected to the on school property bill. I know they pulled the restaurant out of that one, but blume, if theres a new one up please let me know. I know ALOT of people that would be willing to do mail ins/emails/phone calls to support a restaurant carry bill.
    SC CWP
    Kimber Ultra II
    Taurus PT1911 ALR

  6. #5
    Join Date
    Jul 2009
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    DOC
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    subscribed :-)

  7. #6
    Quote Originally Posted by fullofdays View Post
    subscribed :-)
    Me too!

  8. #7
    Join Date
    Apr 2009
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    Bonneau & Goose Creek, SC
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    Get this

    - I was talking to one of my co-workers (Active Air Force Reservist), the Air Force required him to take SC CWP due to the nature of some of his orders transporting materials in SC. His class was held in Columbia with SLED agents. The question about bars was asked and the agent told him point blank the only places that are prohibited are defined in SECTION 23-31-215 in SC Code of Laws. This was in the last couple months, he too is waiting on his permit.

    Apparently there are several interpretations of the law depending on the LEO you encounter. When I got my SC CWP, my CWP instructor was a retired LEO, SC Grassroots member and his comment too was if it wasn't prohibited in SECTION 23-31-215 then it is legal with your CWP. He was very adamant about the point (maybe because of the barge of questions).

    My instructor and my interpretation match but my friend was instructed by an authorized CWP trainer and he was told conversely.

  9. #8
    SNIPPED.....

    SECTION 23-31-215. Issuance of permits.

    SNIPPED.....

    Last line of this section states:
    Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.



    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.

    SO I think its pretty clear. No Weapon in an establishment that serves alcohol...

  10. #9
    Join Date
    Dec 2009
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    South Carolina, Myrtle Beach
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    My favorite subject. There has been argruments both ways in fact 2 years ago Grassroots stoped pushing a bill because it was decided that the "unlawfully carried firearm" did not mean CWP. Most people i know are either waiting for a test case or a new bill.

    The politician who pushed the school firearm bill last year will be working on the restaurant carry this year. You need to remember that our state government rests from June to January. Hopefully it will be straightened out this year.

  11. #10
    Quote Originally Posted by SCfromNY View Post
    My favorite subject. There has been argruments both ways in fact 2 years ago Grassroots stoped pushing a bill because it was decided that the "unlawfully carried firearm" did not mean CWP. Most people i know are either waiting for a test case or a new bill.

    The politician who pushed the school firearm bill last year will be working on the restaurant carry this year. You need to remember that our state government rests from June to January. Hopefully it will be straightened out this year.
    I hope they can get the majority of sales from alcohol part pushed through but I am not holding my breath. As you pointed out the test case is the only way right now and that would make the legislature take action if it turns out favorably. We do have a few idiots as representatives and if you look they are the ones that should be taking action instead of being against itbut it looks better for them to proclaim that they are helping "their people" when they actually are just lining their own pockets.

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