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Thread: S.C. firearm laws

  1. #1
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    Hey guys I was just looking for some basic oversight on your firearm laws. My parents will be travling there for vacation and I wanted to see if there is anything to worry about.

    Neither of parents have a CC permit but arejust looking to keep a firearm with them. I assume Federal Regulations apply (gun/ammo seperate). I wasn't sure if there is anything else. I haven't found any sites with a basic firearm law but a few that pertain to CC. Any help would be greatly appreciated.



    Thanks.:celebrate

  2. #2
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    Without a CC license, its legal to carry in a vehicle loaded as long as it is in the glovebox. Check out stipulation (9).



    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.

  3. #3
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    Thanks!

    Did you reference a website? If so can you post address?

  4. #4
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    http://www.sled.sc.gov/SCStateGunLaw...x?MenuID=CWP#1

    SLED = S.C. Law Enforcement Division; its their website

  5. #5
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    Thanks, this info will come in handy for me in the future.

  6. #6
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    NavyLT wrote:
    Also, there is no requirement in the Federal travel regulations to seperate the gun from the ammo. The gun must be unloaded, and both the ammo and the gun must be seperated from the occupants of the vehicle - but the ammo and the gun may remain together.

    If your gun is locked in the trunk and the ammo is in the passenger compartment, you are illegal because the ammo is not seperated from the occupants of the vehicle.

    If both gun and ammo is locked in the trunk, even in the same container and even if magazines for the gun are loaded with rounds, you are perfectly legal as long as the gun is unloaded.
    Ya, I acutally saw that the other day. I guess I have been doing it wrong now for a while. But what about a vehicle that doesn't have a seperate trunk? Like an SUV, how would one carry? It just says locked container.

  7. #7
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    Thanks for clearing all that up NavyLT.:celebrate

  8. #8
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    I have carried a gun with me for many years even before there was any kind of CWP in SC. I have discussed this with many LEO and Lawyers. in SC as long as it is either in the glove box or console there is no problem. IF you don't have either one just put it in some kind of "satchel with a latch". This is a term that was ruled many years ago by the SCAG and meets requirements. You can carry it into your home or motel room etc. with no problem. Other than a few local yokels most LEO that I have talked to are cool about it as long as you behave and be courteous. One lawyer advised me that if I was stoped just sit tight until the officer comes up and inform him that you have a gun and where it is. If you do that you won't have any problems except among those few that are going to give you a hard time anyway.

  9. #9
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    How about a URL for your assertion of an SCAG opinion? In any case, AG opinions, published or not, are issued as guidance for the courts and not directions to agencies or citizens.

    I believe that the current thought in SC (GRGRSC anyway) is that a lady's purse has been tested in court but not a gentleman's briefcase. And I'm sure you mean that these parcels are proper concealment because IANAL they are not mentioned in SC exceptions to unlawful carrying, ST SEC 16-23-20

    (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;
    that has just been carefully revised - drafted by GRGRSC.

    Either we are equal or we are not. Good people ought to be armed where they will, with wits and guns and the truth. NRA *******

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