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Thread: Traveling through SC this weekend

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    Traveling through SC this weekend

    I will be traveling through SC this weekend. I have a FL non resident permit. I am active duty military. I see that SC non residnet permits aren't recognized in SC. My question is that do cops actually check residency or for the actual permit. I am active military so it would be hard to prove where my actual residency is without my ERB in front of me. I have a KS driver's license if this tid bit of info aides in answering my question.

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    I am responsible for my writing, not your understanding of it.

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    on duty active military is one of the allowable carry situations per SLED regs.......

    from SLED regulations, at this link: http://www.sled.sc.gov/SCStateGunLaws1.aspx?MenuID=CWP


    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;


    so if you are on duty, you are ok however since we don't have OC I'm not sure whether there is an OC exemption for on duty military. I'm guessing there is, but that's just a guess especially since Fed law would trump state law and if you are required to carry on duty, oh well, then SC will just have to get along with it.
    Last edited by RK3369; 10-30-2013 at 01:31 PM.

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    The trip is for personal, not official travel. My main question is that would I run into any problems since I have a non resident fl ccw. I have a KS driver's license. I know SC dosen't recognize non resident fl ccw but how would the cop know I'm not from FL unless I told him.

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    my guess...........

    is that, if you are stopped, they will run your license on the officer's computer in their vehicle and see that you have a KS license. What I would suggest you do is to keep the weapon in the console, glove compartment or trunk. You do not have to have the compartment locked, just has to be concealed from view. The law in SC is that if you are approached by an LEO, you have to notify them that you are a CWP holder. When you do, they will ask you if you are carrying and, if so, they will ask where. Now that is the requirement for a SC CWP holder, and I have been through this scenario with a LEO and, in my experience, if you tell them you are a permit holder and where the weapon is when they ask, you are fine. If you don't tell them and they find out, now that could be another issue. I do not know what the requirement is for an out of state permit holder however, my guess again is that it would also be that you are required to notify any LEO when approached, particularly since most states require you to obey their laws while in the state and your permit is in another state. I'm pretty sure if you have it in your glove compartment you are just as a regular citizen would be ok, because you don't need a permit to posses a handgun in your vehicle in sc as long as it is in the glove compartment, console or trunk. The safest choice would be to have it in your trunk but obviously that means it's pretty much unusable if the need arises.
    Last edited by RK3369; 10-30-2013 at 02:05 PM.

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    But my actual state of residency isn't MD, where I currently live or KS, where I have my license. Since I'm military couldn't I simply tell the cop I am from FL and he would never know if I'm a non resident or resident since I'm active duty military and move quite often?

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    Quote Originally Posted by RK3369 View Post
    iThe law in SC is that if you are approached by an LEO, you have to notify them that.
    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. 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.
    I am responsible for my writing, not your understanding of it.

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    Your state of residency is typically the state that is shown on your DL as far as cops are concerned. Nightmare linked to the SLED reciprocity page, FL is not listed. Read the law on SLEDs web page and become knowledgeable. You situation is not uncommon but it is sufficiently different to warrant additional cooperation on your part if detained by a cop. Show the dude your Mil ID along with your DL during a traffic stop. Your proof of insurance may show a different address than what is shown on your KS DL. The cop will need to connect the dots and your Mil ID should do that for the cop.

    I would adhere to the rule "concealed means concealed."

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    Quote Originally Posted by OC for ME View Post
    Your state of residency is typically the state that is shown on your DL as far as cops are concerned. Nightmare linked to the SLED reciprocity page, FL is not listed. Read the law on SLEDs web page and become knowledgeable. You situation is not uncommon but it is sufficiently different to warrant additional cooperation on your part if detained by a cop. Show the dude your Mil ID along with your DL during a traffic stop. Your proof of insurance may show a different address than what is shown on your KS DL. The cop will need to connect the dots and your Mil ID should do that for the cop.

    I would adhere to the rule "concealed means concealed."
    Ooops

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    Just got off the phone with SC. They said DL and permit have to match in order to prove you're a "resident" of that state. So looks like I will be carrying in glove box while going through SC. Also hitting VA, NC, and GA on the way to FL. 3/4 aint bad.

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