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Thread: Visiting from Virginia tomorrow

  1. #1
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    Hi from VA guys! I am going to be going to South Carolina tomorrow to see my sister who just moved down there recently. I knew North Carolina had reciprocity for concealed permits with Virginia so I thought South Carolina would too. Then it hit me that I should check. Does anyone know if there's any way I can carry while in your state? Concealed or open? Thanks!!

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    Founder's Club Member - Moderator longwatch's Avatar
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    SECTION 16-23-20. Unlawful carrying of ; exceptions. [SC ST SEC 16-23-20]

    It is unlawful for anyone to carry about the person any , 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 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 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 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 about his person, under conditions set forth in the permit, and while transferring the 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 directly from or to a vehicle and a location specified in this section where one may legally possess the .

    (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.

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    Sorry, I was waiting for a current SC resident to answer - I-ANAL. LW has the answer in his cut-and-paste.

    You cannot legally carry openly in SC and concealed carry is legal only under certain circumstances. Anyone not otherwise prohibited by law can have a gun in their car's console, glovebox, trunk or container kept shut, not locked, by an integral fastener.

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    So it can be loaded? how about chambered i.e. condition 1?

    What are requirements if carrying in glovebox and pulled over?i.e. saypaperwork in hand so LE will not see the weapon by law do you have to tell them? I would but want to kno what the legal standing on this is.

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    Also by:
    SECTION 23-31-230. Carrying concealed weapons between automobile and accommodation.
    Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.

    So this means it is legal to conceal a a firearm that is concealable to place of occupancy from your vehicle for anyone?

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    Thndr wrote:
    So it can be loaded? how about chambered i.e. condition 1?

    What are requirements if carrying in glovebox and pulled over?i.e. saypaperwork in hand so LE will not see the weapon by law do you have to tell them? I would but want to kno what the legal standing on this is.
    Correct on loaded. If you have one in your console put your registration and inusrance information in the glove box. If they walk up and you are fiddling with a gun trying to fing paperwork it may not be pleasant. You do not have to notify them if you don't have a valid permit and are just carrying in the console but it is a good idea. I have never heard of a LEO getting excited about it but you may be the first.

    If you have a permit and gun you are required to notify them.

    As for your motel you can take it out of the car and carry it to your room openly or concealed. You can wear it all around you room. If you visit a friend and he says OK then you can carry it around his house, yard, farm or anyof his property openly or concealed. GFZ signs in SC as long as they meet the standards carry the full weight of the law. If you get a hunting/fishing license you can openly carry it on the way hunting or fishing.

    Places serving alcochol for on premesis consumption are supposed to be off limits but there is a very good rumor that the AG has told the Highway patrol not to enforce it because it is actually not against the law.

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    S.C. Code 16-23-20 (2007) provides, in pertinent part:

    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; 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;

    * * *

    (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);

    * * *

    (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.



    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

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    PT111 wrote:
    As for your motel you can take it out of the car and carry it to your room openly or concealed.
    I did not know this. I thought it had to be concealed in a closed container. Also, I thought there was a stipulation about taxes being paid, whether or not, you could carry on motel premises.......Moreover, will the "new bill" (can't recall the name of it) cover VA CC permit holders?

    2nd Amendment...........Use it............Or, lose it!!:X
    The 2nd Amendment... brought to you by Beretta and the number 1791!!

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    Section 16-23-20 coverscrimes with or without a permit. Sections 23-31-xxx covers guns. It is confusing, what laws aren't, but it has always been my understanding from LEO that you could carry from your car to motel room, house, businessetc.

    Notice 16-23-20-(15) doesn't say anything about concealed and that is what would cover you if you don't have a permit.
    This specifically spells out when you have a permit.
    SECTION 23-31-230. Carrying concealed weapons between automobile and accommodation.
    Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
    This is without a permit
    16-23-20 It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows
    (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;
    Legal control would be you in the case of a motel room.

    Note: IANAL and will not bail you out of jail. This is just my opinion of being friends with many SC LEO for 58 years.

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    PT111 wrote:
    Section 16-23-20 coverscrimes with or without a permit. Sections 23-31-xxx covers guns. It is confusing, what laws aren't, but it has always been my understanding from LEO that you could carry from your car to motel room, house, businessetc.

    Notice 16-23-20-(15) doesn't say anything about concealed and that is what would cover you if you don't have a permit.
    This specifically spells out when you have a permit.
    SECTION 23-31-230. Carrying concealed weapons between automobile and accommodation.
    Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
    This is without a permit
    16-23-20 It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows
    (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;
    Legal control would be you in the case of a motel room.

    Note: IANAL and will not bail you out of jail. This is just my opinion of being friends with many SC LEO for 58 years.
    Thanks PT111. It's clear as a glass bell. However, what about the "new law" (or bill) pertaining to the VA CC permit holders? Will it be recognized in SC (abiding by SC gun laws)?

    2nd Amendment........Use it.......Or, lose it!!:X
    The 2nd Amendment... brought to you by Beretta and the number 1791!!

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    Smurf...

    Not legal, yet. aka -No reciprocity between VA and SC, at this time. Phil (as in VCDL) sent out a note on Monday or Tuesday about this. The new SC bill still has some kinks in it that our Brethern in SC are not happy with. So, we're gonna have to abide by what the law currently says. I"m looking forward to a change and reprocoty with SC. Then it'll be clear sailing fron good ol' Virginny to Florida, for me (I rec'd my FL license a couple of weeks ago-allows carry in GA).

    ps. - my references to Phil and VCDL are for those not familiar with us - I already know you are!
    Update #2 - Apparently the SC Gov. signed the bill. Follow this thread. I'd be tempted to wait until I see VA and SC in agreement with reciprocity.

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    Regular Member Smurfologist's Avatar
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    DoubleR wrote:
    Smurf...

    Not legal, yet. aka -No reciprocity between VA and SC, at this time. Phil (as in VCDL) sent out a note on Monday or Tuesday about this. The new SC bill still has some kinks in it that our Brethern in SC are not happy with. So, we're gonna have to abide by what the law currently says. I"m looking forward to a change and reprocoty with SC. Then it'll be clear sailing fron good ol' Virginny to Florida, for me (I rec'd my FL license a couple of weeks ago-allows carry in GA).

    ps. - my references to Phil and VCDL are for those not familiar with us - I already know you are!
    Update #2 - Apparently the SC Gov. signed the bill. Follow this thread. I'd be tempted to wait until I see VA and SC in agreement with reciprocity.
    Thanks DoubleR. Now I understand. I hope for reciprocity very soon as well. Happy carrying!

    2nd Amendment........Use it.........Or, lose it!!:X
    The 2nd Amendment... brought to you by Beretta and the number 1791!!

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    There are two different opinions on the new CC law in SC and we will just have to wait to see which one survives.

    One group says that the new law is actually worse than the original and will lead to the loss of some states having reciprocity. The other group and the ones that the Senate listend to says that it will increase the number of staterecognizing SC permits and greatly increase the number that SC will recognize.

    I don't know but it appears that there are people pushing hard on both sides to come up with an interpretation that meets their particular standards primarily to embarrass the other side. I don't think this is over yet and may have to go to court to get a real definition. VA, WVand FL should be three that are added to SC recognition but nothing is firm. The newlaw is in effect but right now if a LEO should choose to enforce the old law then you would probably have to take it to court. primarily the argument is over what is the definition of training.

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    Thanks, PT111, I know what you mean. Yeah, politics - ya gotta love it.

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