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Thread: What is the law regarding carrying openly?

  1. #1
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    What is the law regarding carrying openly?

    Can direct me to the law regarding carrying openly in South Carolina? Is it EVER legal to carry a handgun openly, perhaps while at a shooting range, or at home? Is it legal to carry a long arm openly?

    Please provide statute numbers that make such conduct legal or illegal, if you please.

    I would like, in this thread, to cover every possible situation.

    Thank you in advance for your assistance.

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    Start here

    SECTION 16-23-20. Unlawful carrying of handgun; exceptions. [SC ST SEC 16-23-20]

    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:
    http://www.scstatehouse.gov/code/statmast.php
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    It appears to be legal to carry a handgun openly when hunting or fishing.

    "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"

    16-23-20(4)

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    Also on your own property or anybody else's with the owner's permission:

    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

    16-23-20(8)

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    I can find nothing about long arms, so I am concluding that it is technically legal to carry an AR15 openly while in South Carolina, no permit or license required.

    Can anybody prove me wrong?

    Have I missed anything above with respect to carrying handguns openly?

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    Quote Originally Posted by Nightmare View Post
    Nightmare, thanks. I missed your post while I was busy researching, but it appears great minds think alike! Did I miss anything?

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    Regular Member hp-hobo's Avatar
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    I'd say you pretty much have it. You can OC while hunting or fishing or while traveling to and from hunting or fishing. You can carry (OC or CC) on private property with the owners permission, which of course includes your own property. There are exactly zero laws in SC concerning the open carry of a long gun or even a handgun that doesn't meet the specification of a "concealable weapon". And you can even get away with OCing within the law depending on where you are. I can cite the law but it's a confused mess.

    If I may ask, what brings up this query?
    "The only thing that stops a bad guy with a gun, is a good guy with a gun."

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    Quote Originally Posted by Malum Prohibitum View Post
    I can find nothing about long arms, so I am concluding that it is technically legal to carry an AR15 openly while in South Carolina, no permit or license required. Can anybody prove me wrong? Have I missed anything above with respect to carrying handguns openly?
    Depends on your standard of legality and of proof. A cop can arrest you for whatever reason he can invent and wrong you while you are cuffed and stuffed. You may beat the rap but you WILL NOT beat their ride, their extra-legal harassment during the ride to jail.

    When ones freedom is at stake, and carrying a gun does put your freedom at risk, I would be very careful of free legal advice. Better get it from your personal attorney that is bound by the canons of ethics.
    Last edited by Nightmare; 12-20-2013 at 09:03 AM.
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    Regular Member OC for ME's Avatar
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    OC, as "defined by OCDO", is unlawful in SC. The exceptions to carrying (OC) are not "permissions" to OC, they are exceptions in the law that will (should) keep you out of jail.

    Verbal jujitsu is a skill in high demand when a citizen "OCing" is approached by a cop.....in SC.

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    Quote Originally Posted by OC for ME View Post
    Verbal jujitsu is a skill in high demand when a citizen "OCing" is approached by a cop.....in SC.
    Hai! Wakarimasu. Wakatta. Domo.
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    Quote Originally Posted by carsontech View Post
    That's a great addition to my research, carsontech, thank you. It looks like one might be arrested on any number of local ordinances under a patchwork quilt of county and city laws differing in hundreds of locales.

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    Quote Originally Posted by hp-hobo View Post
    I'd say you pretty much have it. You can OC while hunting or fishing or while traveling to and from hunting or fishing. You can carry (OC or CC) on private property with the owners permission, which of course includes your own property. There are exactly zero laws in SC concerning the open carry of a long gun or even a handgun that doesn't meet the specification of a "concealable weapon". And you can even get away with OCing within the law depending on where you are. I can cite the law but it's a confused mess.

    If I may ask, what brings up this query?
    Of course you may ask. I am preparing to sue the State of South Carolina for denying nonresidents the right to bear arms, and I am curious what responses South Carolina will raise as arguments for why they are not violating the right to bear arms of nonresidents who visit the state.

    The main thrust of the lawsuit will not be Second Amendment but violation of Article 4 Section 4, the privileges and immunities clause. For those who have never encountered this provision or arguments relating to it, here is the Wiki version of it.

    http://en.wikipedia.org/wiki/Privile...unities_Clause


    I hope that answers your question without getting too wordy.

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    Quote Originally Posted by Malum Prohibitum View Post
    Of course you may ask. I am preparing to sue the State of South Carolina for denying nonresidents the right to bear arms, and I am curious what responses South Carolina will raise as arguments for why they are not violating the right to bear arms of nonresidents who visit the state.

    The main thrust of the lawsuit will not be Second Amendment but violation of Article 4 Section 4, the privileges and immunities clause. For those who have never encountered this provision or arguments relating to it, here is the Wiki version of it.

    http://en.wikipedia.org/wiki/Privile...unities_Clause


    I hope that answers your question without getting too wordy.
    Roger that. If I can be of any help just let me know.
    "The only thing that stops a bad guy with a gun, is a good guy with a gun."

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    Regular Member The Truth's Avatar
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    Any updates on this?
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    So in actuality you have no evidence that anything wrong took place, you only believe that it could be spun to appear wrong. But it hasn't been. The truth has a funny way of coming out with persistence, even if it was spun negatively the truth would find its way because these people will not accept less.
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