Results 1 to 17 of 17

Thread: visiting Myrtle Beach area have transporting ?'s

  1. #1
    Regular Member markush's Avatar
    Join Date
    May 2011
    Location
    Kenosha
    Posts
    175

    visiting Myrtle Beach area have transporting ?'s

    Hi, I'll be visiting from WI. shortly and want to ask if it is still ok to transport loaded in an unlocked center console? If pulled over do I have to inform that that firearm is in the center console?

    My searches pulled up posts that answered those questions but they were from several years ago.

  2. #2
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,166
    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: [ ... ] (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;
    http://www.scstatehouse.gov/code/t16c023.php

    That site has the Code of Laws in HTML so a site search by a capable search engine will be effective. For example; "firearm site:www.scstatehouse.gov" or "gun site:www.scstatehouse.gov/code"
    Last edited by Nightmare; 08-29-2013 at 09:54 AM.
    I am responsible for my writing, not your understanding of it.

  3. #3
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,166

    There are ~150 hits on "inform" in SC Code of Laws.

    There are ~150 hits on "inform" in SC Code of Laws. The only one I noticed on point is

    SECTION 23-31-215. Issuance of permits. [SC ST SEC 23-31-215] (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, 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.
    http://www.scstatehouse.gov/query.ph...umrows=10#OCC1
    Last edited by Nightmare; 08-29-2013 at 10:41 AM.
    I am responsible for my writing, not your understanding of it.

  4. #4
    Regular Member hp-hobo's Avatar
    Join Date
    Jun 2008
    Location
    Manchester State Forest, SC
    Posts
    399
    Quote Originally Posted by markush View Post
    Hi, I'll be visiting from WI. shortly and want to ask if it is still ok to transport loaded in an unlocked center console? If pulled over do I have to inform that that firearm is in the center console?

    My searches pulled up posts that answered those questions but they were from several years ago.
    Markush, here is the info you're looking for;

    "16-23-20
    (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"


    There is no duty to notify and I would recommend you don't. I would recommend that you have your papers in order before a cop walks up to the window to shake you down. Keep in mind that closed does not mean latched and a zipper is an integral fastener, no matter what some of the resident experts here will tell you. If you have any other questions let me know. And have a safe trip...

    http://www.scstatehouse.gov/code/t16c023.php
    "The only thing that stops a bad guy with a gun, is a good guy with a gun."

  5. #5
    Regular Member
    Join Date
    Oct 2013
    Location
    South Carolina
    Posts
    134

    not sure about that one..................

    Quote Originally Posted by hp-hobo View Post
    Markush, here is the info you're looking for;

    "16-23-20
    (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"


    There is no duty to notify and I would recommend you don't. I would recommend that you have your papers in order before a cop walks up to the window to shake you down. Keep in mind that closed does not mean latched and a zipper is an integral fastener, no matter what some of the resident experts here will tell you. If you have any other questions let me know. And have a safe trip...

    http://www.scstatehouse.gov/code/t16c023.php
    this regulation applies to SC CWP holders:

    K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, 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. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.


    Now my guess is that if you are a CWP holder in SC, and you aren't carrying so you don't notify a LEO, but their computers have the info that you have a CWP, you might raise some suspicion as to why you didn't disclose it to the LEO. My guess would also be that if you are a permit holder from a reciprocal state, by SC law you are required to adhere to SC laws while here concerning Concealed Carry, so you have to notify LEO if you are approached.

    Why not provide the information to any LEO if approached, rather than have them somehow find out you are a CWP holder and didn't notify them. I've notified the State Police when I've been carrying and involved in a roadside assist to a disabled vehicle. There was no problem. If you tell them you're a permit holder, they'll ask if you're carrying, and if you are tell them where it is. I think they aren't concerned as long as you tell them you are carrying. If you don't tell them and they find out you are carrying, that's a problem. I'd rather be safe than risk a problem, but you can do as you wish.

  6. #6
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,628

    For clarification

    Quote Originally Posted by RK3369 View Post
    this regulation applies to SC CWP holders:

    K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, 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.........
    --snip--
    The statute applies to all persons carrying in South Carolina. One is obligated to obey the laws of the state in which they are standing.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  7. #7
    Regular Member
    Join Date
    Oct 2013
    Location
    South Carolina
    Posts
    134

    well, if you're legally carrying which means...........

    that you're either a SC CWP holder or a permit holder from a reciprocal state, because in general, with exceptions as per the following regulations, it's not legal to carry a concealed handgun in SC:


    #9, 12 and 13 give the CWP holder the legal right to carry concealed outside of their home, vehicle or personal property unless they are otherwise prohibited because the location they are going to enter is a prohibited location:

    You do not need a permit to carry on your own property, in your own vehicle (provided the gun is in a closed compartment or the trunk) or in a property where you have the owners permission to carry. Otherwise, you need a CWP to carry concealed in SC or a permit from a reciprocal state.

    These regulations are from the SLED website (South Carolina Law Enforcement Division, basically the state police)



    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 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;

    (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

  8. #8
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,166
    No permit/permission is needed to have a gun in a glovebox, console or trunk, and, therefore, no requirement for a 'non-permitted' person to inform, be he resident or non-resident.

    We have only the rights that we defend, including the right to go armed without permission. South Carolina allows this little exception to the general prohibition on non-permitted carry, use it or lose it.
    Last edited by Nightmare; 10-02-2013 at 04:56 PM.
    I am responsible for my writing, not your understanding of it.

  9. #9
    Regular Member hp-hobo's Avatar
    Join Date
    Jun 2008
    Location
    Manchester State Forest, SC
    Posts
    399
    Perfect. First you reply to a thread that's been dead for over a month now. Then you fill the poor guys head with information that in no way applies to him. You guys, and you know who you are, are geniuses...
    "The only thing that stops a bad guy with a gun, is a good guy with a gun."

  10. #10
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,628
    Quote Originally Posted by hp-hobo View Post
    Perfect. First you reply to a thread that's been dead for over a month now. Then you fill the poor guys head with information that in no way applies to him. You guys, and you know who you are, are geniuses...
    Was there a rule violated somewhere? If so I missed it.

    Clarification on SC law can benefit other than the OP.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  11. #11
    Regular Member John Canuck's Avatar
    Join Date
    Jul 2011
    Location
    Upstate SC
    Posts
    297
    There is no duty to inform an LEO that one is carrying a gun in SC. Which part is confusing?

  12. #12
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,166

    Maybe this part? There is a duty to inform.

    SECTION 23-31-215(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, 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.
    I am responsible for my writing, not your understanding of it.

  13. #13
    Regular Member John Canuck's Avatar
    Join Date
    Jul 2011
    Location
    Upstate SC
    Posts
    297
    Quote Originally Posted by Nightmare View Post
    SECTION 23-31-215(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, 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.
    Read the whole section. There is only a duty to inform that one is a permit holder.

    The original question (one of them) was:

    snip
    Quote Originally Posted by markush View Post
    If pulled over do I have to inform that that firearm is in the center console?
    The answer is no, there is no duty to inform.
    Last edited by John Canuck; 10-07-2013 at 11:45 PM.

  14. #14
    Regular Member
    Join Date
    Feb 2013
    Location
    Thru Death's Door in Wisconsin
    Posts
    13,166
    Quote Originally Posted by John Canuck View Post
    There is no duty to inform an LEO that one is carrying a gun in SC. Which part is confusing?
    Quote Originally Posted by John Canuck View Post
    Read the whole section. There is only a duty to inform that one is a permit holder.

    The original question (one of them) was: snip The answer is no, there is no duty to inform.
    My emphasis.
    I am responsible for my writing, not your understanding of it.

  15. #15
    Regular Member OC for ME's Avatar
    Join Date
    Jan 2010
    Location
    White Oak Plantation
    Posts
    12,274
    We take a dim view of carpetbaggers coming down to the beach and clogging up our roads and outlet malls.

  16. #16
    Regular Member John Canuck's Avatar
    Join Date
    Jul 2011
    Location
    Upstate SC
    Posts
    297
    Quote Originally Posted by Nightmare View Post
    My emphasis.
    Read his original question again. Is he required to have a permit of any type to carry a gun in his console while in SC?

  17. #17
    Regular Member John Canuck's Avatar
    Join Date
    Jul 2011
    Location
    Upstate SC
    Posts
    297
    Quote Originally Posted by markush View Post
    Hi, I'll be visiting from WI. shortly and want to ask if it is still ok to transport loaded in an unlocked center console?
    Yes --> http://www.scstatehouse.gov/code/t16c023.php

    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: ...

    (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;


    Quote Originally Posted by markush View Post
    If pulled over do I have to inform that that firearm is in the center console?
    No.
    Last edited by John Canuck; 10-08-2013 at 09:58 PM.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •