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Thread: SC carry laws info

  1. #1
    Regular Member ProShooter's Avatar
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    SC carry laws info

    Can someone give me the quick and dirty on carry laws in SC? Headed to Myrtle Beach for a few days...

    Place prohibiting carry, any special rules, etc?
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
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  2. #2
    Activist Member carsontech's Avatar
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    A permit recognized by SC gives you the ability to carry a concealable weapon while out in public. Here is the definition of a concealable weapon - SECTION 23-31-210 (6):

    "Concealable weapon" means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property."


    Places "off limits", even with a permit, Section 23-31-215 (M):

    "(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."

    A permit holder may carry on/in interstate highway rest facility - SECTION 16-23-420 (F)

    A permit holder, while on school property, may store a loaded handgun in a closed glove box, closed console, or closed trunk - SECTION 16-23-420 (A)

    State or locally owned/maintained roads, which are open full time to public vehicular traffic, that runs through the premises or property of a school are OK to drive on with a firearm in the vehicle - SECTION 16-23-420

    Must inform officer if carrying concealed about your person, or where a permit grants you privileges to carry/store a firearm - 23-31-215 (K):

    "...a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer
    (1) identifies himself as a law enforcement officer
    and
    (2) requests identification or a driver's license from a permit holder:

    If you have a recognized permit, you may carry, concealed, on your person while in a vehicle. You may store a loaded handgun in a closed glove box, closed console, or closed trunk whether you have a permit or not. The section this info came from in the SC Code of Laws has A LOT more to it, so I'm posting it, in it's entirety - SECTION 16-23-20:

    "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;

    (9) a person in a vehicle if the handgun is:

    (a) 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; or

    (b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;

    (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."


    NO carrying in places that sells alcohol for consumption on premises - SECTION 16-23-465


    Do NOT carry a concealable weapon into a residence of another person without express permission to carry it in - SECTION 23-31-225

    It's OK to carry from automobile to rented room - SECTION 23-31-230

    Compliant gun buster signs carry weight of law - SECTION 23-31-220

    Gun Buster / "No Concealeable Weapons" signs have to meet certain criteria to have weight of law:

    "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."



    You might want to go to handgunlaws.us to see more, since they seem to have everything correct and up-to-date:
    http://handgunlaw.us/states/southcarolina.pdf

  3. #3
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    Her's a helpful link-

    http://www.handgunlaw.us/states/southcarolina.pdf

    First off- OC is illegal in SC!

    You will need a valid "resident" permit that is reciprocal with SC.

    If you are a resident of VA & have a valid VA CWP, you can CC is SC.

    The major exceptions where CC is NOT allowed are in restaurants or other establishments that serve alcohol. (This is a HUGE pain while in Myrtle Beach!)

    Government owned buildings are also off limits.

    Some of the posted places that I know about off the top of my head are all "Ripley's" attractions; Carmike Theater and most of the other "amusement" type attractions.

    It's perfectly legal to carry a HG in your console or glove-box and you must notify if you are CC'ing if an officer asks for ID.

    Other than that, I'm not a lawyer. You can also go to the SLED website for more info-

    http://www.sled.sc.gov/cwp.aspx?MenuID=CWP

    -


    Last edited by tcox4freedom; 08-10-2012 at 11:47 AM.

  4. #4
    Regular Member OC for ME's Avatar
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    Better question, what is defined as "concealed" regardless of the concealable weapon carried. If the definition of concealed is "nobody would know by looking at ya" ya better make sure nobody will know by looking at ya.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  5. #5
    Activist Member carsontech's Avatar
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    Quote Originally Posted by OC for ME View Post
    Better question, what is defined as "concealed" regardless of the concealable weapon carried. If the definition of concealed is "nobody would know by looking at ya" ya better make sure nobody will know by looking at ya.
    SC law is vague on this:

    SECTION 23-31-210 (6)

    "...must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property."

    I don't THINK a bulge would be bad, as I walk around with buldges all the time (concealed handguns you perves! lol). There is no law in SC about printing, but the outline of part of a frame and/or slide/cylinder may scare the sheeple here, which may call the police, if they even notice it or know what the heck part of a handgun even looks like.

    I've had my gun "flash" in several stores around here a few times on accident (shirt rode up and tucked behind gun). No one freaked out, no cops were called. Not too many people are going to see certain things unless they're looking for them. YMMV.

  6. #6
    Regular Member OC for ME's Avatar
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    vague = cop's call on our legality at that moment regardless of our obvious intent to comply with the law.

    Though, I very rarely find any reports of a citizen getting busted for not concealing. It may be that the fuzz is educated and approaches this issue with common sense and a eye towards the totality of the facts for each circumstance if a circumstance is encountered.

    Good on Po Po, and good for us.
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

  7. #7
    Regular Member ProShooter's Avatar
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    Thanks guys....your laws are a bit more restrictive than VA, but I can get by..... Looks like there's quite a few places where I can't carry that we intend to visit. Oh well!

    Much appreciated.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  8. #8
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    Quote Originally Posted by ProShooter View Post
    Thanks guys....your laws are a bit more restrictive than VA, but I can get by..... Looks like there's quite a few places where I can't carry that we intend to visit. Oh well!

    Much appreciated.
    On the plus side- most of are LEOs are very PRO CC!
    It's primarily the government "bureaucrats" that cause problems.
    Last edited by tcox4freedom; 08-10-2012 at 03:27 PM.

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