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Thread: Non-resident question

  1. #1
    Regular Member Mark 1911's Avatar
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    Non-resident question

    South Carolina does not recognize my Indiana LTCH.

    My understanding is that SC does not currently allow Open Carry although legislation for OC in SC is in the works.

    So as an non-resident in South Carolina, I can not carry in public either open or concealed - is that correct?

    I understand that SC residents can carry a loaded handgun in their glove blox or center console of their vehicle. Is a permit required to carry in a vehicle? What is the SC law for non-residents having a loaded handgun in their vehicle?

  2. #2
    Activist Member carsontech's Avatar
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    Quote Originally Posted by Mark 1911 View Post
    South Carolina does not recognize my Indiana LTCH.

    My understanding is that SC does not currently allow Open Carry although legislation for OC in SC is in the works.

    So as an non-resident in South Carolina, I can not carry in public either open or concealed - is that correct?

    I understand that SC residents can carry a loaded handgun in their glove blox or center console of their vehicle. Is a permit required to carry in a vehicle? What is the SC law for non-residents having a loaded handgun in their vehicle?
    You can not carry a handgun unless you meet the criteria of one of the exceptions in the SC Code of Law.

    Residents and non-residents of SC may have a loaded handgun "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."

    A "permit" is generally required to carry a concealed handgun in vehicle, unless you meet a certain criteria in certain exceptions concerning the carrying of a handgun in a vehicle that is in the SC Code of Law.

    See the following statute from the SC Code of Law:

    SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

    It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

    (1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor’s constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;

    (2) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;

    (3) members, or their invited guests, of organizations authorized by law to purchase or receive firearms from the United States or this State or regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits;

    (4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;

    (5) a person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;

    (6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States;

    (7) members of authorized military or civil organizations while parading or when going to and from the places of meeting of their respective organizations;

    (8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;

    [B(9) a person in a vehicle if the handgun 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; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver’s license, registration, or proof of insurance;[/B]

    (10) a person carrying a handgun unloaded and in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving one’s residence or changing or moving one’s fixed place of business;

    (11) a prison guard while engaged in his official duties;

    (12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee’s person and a location specified in item (9);

    (13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;

    (14) a person engaged in firearms related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);

    (15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.

    (16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.
    http://www.sled.sc.gov/SCStateGunLaws1.aspx


    I don't see any kind of unlicensed carry, or even licensed open carry, being passed by the corrupt legislators down here. Some of us are working on getting the Freedom of Information Act (FOIA) to apply to legislators here in SC so we can show the public how corrupt they really are. If we wake some people up to the reality that is going on in our capitol we can try to vote/kick the politicians out of the house and senate, then put some liberty loving people in there.

    http://us1.campaign-archive1.com/?u=...b&e=fb6b75e823

  3. #3
    Regular Member Mark 1911's Avatar
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    Thanks for the good info. Very helpful

  4. #4
    Regular Member Steeler-gal's Avatar
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    Quote Originally Posted by carsontech View Post
    Residents and non-residents of SC may have a loaded handgun "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."

    A "permit" is generally required to carry a concealed handgun in vehicle, unless you meet a certain criteria in certain exceptions concerning the carrying of a handgun in a vehicle that is in the SC Code of Law.
    I've read the statute but I'm still confused. I'm from VA and getting ready to vacation in SC in the next few weeks. SC has reciprocity with my VA CHP. Do I still have to unholster and put my gun into a secured container once I cross over the SC border?
    =============================
    NRA Certified Instructor & Range Safety Officer
    Teaching classes in Lorton VA & Springfield VA
    PM me if you need a class, RSO or safety briefing

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    No You can keep it concealed on your person or put in the glove comp or console

  6. #6
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    Quote Originally Posted by Mark 1911 View Post
    South Carolina does not recognize my Indiana LTCH.

    My understanding is that SC does not currently allow Open Carry although legislation for OC in SC is in the works.

    So as an non-resident in South Carolina, I can not carry in public either open or concealed - is that correct?

    I understand that SC residents can carry a loaded handgun in their glove blox or center console of their vehicle. Is a permit required to carry in a vehicle? What is the SC law for non-residents having a loaded handgun in their vehicle?
    I second CarsonTech. SC firearms law is terrible.

    You don't have to be a resident to fall under the car carry exemption, though. So you should be able to have a loaded handgun in the car per para 9 cited by CarsonTech. You can also get a fishing license and while actively engaged in fishing carry openly or concealed. It does not cover you for stops elsewhere though (i.e. no stops for meals, at walmart, etc).

    You have more options when carrying weapons which are not handguns. There's no blanket ban on rifles or shotguns. Obviously concealment may be an issue, and OCDO frowns upon such measures as a matter of policy, but you likely have few other options which arguably means it is ok to discuss ("Exception: This rule does NOT apply to discussions about long gun carry in jurisdictions such as California which ban handgun carry and thus require long gun carry as a matter of public policy."). A folding carbine or a short barrel AR (all NFA rules apply) may be your only method of lawfully carrying a defensive firearm. Of course, rifles open up the game laws (SECTION 50-11-760). You'd also have to contend with brandishing issues (SECTION 16-23-410).

    You may also want to look into tasers/sprays.

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