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Thread: "Presenting and pointing"

  1. #1
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    I'm new to SC and would like some added info about this law. At what point does it become illegal? Is drawing it to scare someone off, without shooting, illegal or do I need to shoot to prevent this rule from getting me? I've met several law abiding peoplecharged with this. I now have a CWP issued by SLED in SC.

  2. #2
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    steve29579 wrote:
    I'm new to SC and would like some added info about this law. At what point does it become illegal? Is drawing it to scare someone off, without shooting, illegal or do I need to shoot to prevent this rule from getting me? I've met several law abiding peoplecharged with this. I now have a CWP issued by SLED in SC.
    "Brandishing" is the act of displaying a weapon for the purpose of intimidation. If you are legally justified in drawing your weapon, you are not brandishing, whether you fire or not. Drawing a weapon without firing it does not constitute a crime.

  3. #3
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    SECTION 16-23-410. Pointing firearm at any person.

    It is unlawful for a person to present or point at another person a loaded or unloaded firearm.

    A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances.
    There is one mention of 'brandish' in SC Statute and no 'definition'. Were I an attorney and it was in my interest then I would argue that SC ST SEC 16-23-420 makes 'display' and 'threaten others' individually synonymous with brandish.

    SECTION 16-23-420
    .
    Carrying or displaying firearms in public buildings or areas adjacent thereto. [SC ST SEC 16-23-420]

    (A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly-owned building, without the express permission of the authorities in charge of the premises or property.

    (B) It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.

    (C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

    (D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.

    (E) For purposes of this section, the terms "premises" and "property" do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic.

    (F) This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility.

  4. #4
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    However open carry is explicitly illegal. The 'permit' is for concealed carry

    SECTION 23-31-210. Definitions. [SC ST SEC 23-31-210]
    (6) "Concealable weapon" means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.
    Reveal it and use it or violate the conditions of the permit. If you draw it and do not use it then it was not needed for defense.

  5. #5
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    OPEN CARRY IS NOT EXPLICITLY ILLEGAL ONLY WITH A CWP..

    THERE ARE GAME LAWS THAT ALLOW YOU TO CARRY OPENLY WITH A HUNTING AND FISHING LICENSE.. AS LONG AS YOU ARE ENGAGED IN HUNTING OR FISHING .SO DOES THAT MAKE IT LEGAL TO CARRY OPENLY WHILE FISHING FROM THE BANKS OF A LAKE AS LONG AS YOU HAVE A FISHING LICENSE .ACCORDING TO THE GAME LAWS YOU ARE LEGAL..

    I FISH LAKE RUSSELL ALOT (GEORGIA\SOUTH CAROLINA)AND BOTH STATES HONOR EACH OTHERS FISHING LICENSE .I'M LEGAL IN GEORGIA WITH A (NH) PISTOL AND REVOLVER LICENSE..AND LEGAL IN (SC) ONLY WITH A FISHING LICENSE..TRUE OR NOT TRUE

    THIS MAY BE A LITTLE OFF THE SUBJECT BUT I THOUGHT IT WAS WORTH

    MENTIONING..

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