Results 1 to 18 of 18

Thread: How to legally OC a pistol in SC

  1. #1
    Regular Member
    Join Date
    Jan 2007
    Location
    Southwest Virginia
    Posts
    188

    Post imported post

    I am not a lawyer and the following does not constitute legal advice. Use at your own risk.

    Since VA doesn't have reciprocity with SC, I was pursuing SC law looking for loopholes that would allow carrying a gun (openly or concealed).

    (EDIT: Since writing this SC and VA have concluded a reciprocity agreement.)

    SC law prohibits carrying a "handgun" in public.

    Here is the legal definition of a handgun in South Carolina:

    "SECTION 16-23-10. Definitions.
    When used in this article:
    (1) "Handgun" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges."

    "
    SECTION 16-23-20. Unlawful carrying of handgun" goes on to prohibit carrying of a handgun openly or concealed without a permit.

    But if one were to carry, say, a Model 1851 Navy Revolver, that would not be illegal under this statute because the 1851 Navy does not fire fixed cartridges, and is therefore not a handgun.

    No, that doesn't make any logical sense...but most gun laws never do -- and in this case it works out to the citizen's advantage.

    However, although a cap n' ball revolver is not legally a handgun in SC, it is considered a "weapon" under the following definition:

    "SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.
    (1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death."

    Which section goes on to prohibit carrying a weapon concealed:

    "SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.
    Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor..."

    To be on the safe side we'll ignore the discrepancy between the definition of a pistol as a weapon and the ban on carrying a deadly weapon without defining what "deadly" means. I guess most people would consider a pistol a deadly weapon.

    This chapter goes on to prohibit carry of a "weapon" (which as we see, includes pistols) in places that serve alcohol and a number of other places.

    But it says nothing against carrying a weapon unconcealed in public generally.

    So in general, it would appear as long as your gun does not fire fixed cartridges, you are good to open carry in South Carolina. Heck according to the wording of this statute,("curiosity or collector's item") if your gun is on the ATF's C&R list, an argument can be made that it is not legally a handgun. That would open up A LOT of modern guns for carry (CZ 83s, 1911s, P38s, HI-Powers, etc.)

    But what appears certain is that under SC law, guns like the 1851 Navy or 1860 Army or replicas thereof, are explicitly not considered handguns. They might not offer the best firepower on the planet, but anything that throws out a .36 or .44 caliber lead ball is not a joke.

    Unfortunately I won't be visiting SC anytime soon but if any brave resident wants to test it, there are the statutes.

    All quotes came from: http://www.scstatehouse.net/code/t16c023.htm



  2. #2
    Regular Member
    Join Date
    Dec 2008
    Location
    Upstate, South Carolina, USA
    Posts
    240

    Post imported post

    Ah! Finally a use for that old flintlock!

  3. #3
    Regular Member
    Join Date
    Mar 2008
    Location
    Greer, South Carolina, USA
    Posts
    100

    Post imported post

    Must be originals, NOT reproduction models.

  4. #4
    Regular Member
    Join Date
    Apr 2008
    Location
    , ,
    Posts
    489

    Post imported post

    so make sure your repo has a weathered look P

  5. #5
    Regular Member
    Join Date
    Mar 2008
    Location
    Greer, South Carolina, USA
    Posts
    100

    Post imported post

    funny :quirkyLOL

  6. #6
    Regular Member
    Join Date
    Dec 2008
    Location
    , ,
    Posts
    54

    Post imported post

    Actually, the code does not exclude reproduction cap lock, etc loose powder pistols.

    Lame Wolf

  7. #7
    Regular Member
    Join Date
    Mar 2008
    Location
    Greer, South Carolina, USA
    Posts
    100

    Post imported post

    May have been a Fed law that did that, I will have to look back for a previous discussion on this ...

    Either way, I don't think I want to carry my Army Colt Replica too often - lol

  8. #8
    Regular Member
    Join Date
    Dec 2008
    Location
    , ,
    Posts
    54

    Post imported post

    SECTION 16‑23‑10.[/b] Definitions.



    When used in this article:

    (1) “Handgun” means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector’s item, or any that does not fire fixed cartridges.



    (a) "Pistol" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.

  9. #9
    Regular Member
    Join Date
    Apr 2008
    Location
    , ,
    Posts
    489

    Post imported post

    looks like a repop will satisfy the requirement since it doesnt use a cartridge??

  10. #10
    Regular Member
    Join Date
    Dec 2008
    Location
    , ,
    Posts
    54

    Post imported post

    That is how I read it. Also, it appears that pre 1899 manufactured cart. pistols would meet the requirement. You still have that pesty "Deadly Weapon" clause to contend with.

  11. #11
    Regular Member
    Join Date
    Mar 2008
    Location
    Greer, South Carolina, USA
    Posts
    100

    Post imported post

    Lame Wolf wrote:
    SECTION 16‑23‑10.[/b] Definitions.



    When used in this article:

    (1) “Handgun” means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector’s item, or any that does not fire fixed cartridges.



    (a) "Pistol" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.

    Repops, anre not antiques, curiosities, or collector's items to my knowledge .... but then again, I am waiting on my law degree from spain to arrive in the mail ... hey whats say yous guys put it to a test....lmao...just kidding, I would not pull that on anyone.


  12. #12
    Regular Member
    Join Date
    Jul 2007
    Location
    Lake Normanopolis, NC
    Posts
    119

    Post imported post

    340mopar wrote:
    Lame Wolf wrote:
    SECTION 16‑23‑10.[/b] Definitions.



    When used in this article:

    (1) “Handgun” means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector’s item, or any that does not fire fixed cartridges.



    (a) "Pistol" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.

    Repops, anre not antiques, curiosities, or collector's items to my knowledge .... but then again, I am waiting on my law degree from spain to arrive in the mail ... hey whats say yous guys put it to a test....lmao...just kidding, I would not pull that on anyone.
    One would think that's correct, until you read the whole definition (high lighted wording in RED).

    I have often entertained the idea of a percussion carry pistol but have not found one locally with a short barrel.

    -R

  13. #13
    Regular Member
    Join Date
    Mar 2008
    Location
    Greer, South Carolina, USA
    Posts
    100

    Post imported post

    yup, this is true .... would be nice to be able to.

    I could strap on my Arm Colt and go to town....



  14. #14
    Regular Member
    Join Date
    Dec 2008
    Location
    , ,
    Posts
    54

    Post imported post

    The only place that I know of that has shorter barreled C & B is to order from Cabela's.

  15. #15
    Campaign Veteran Dutch Uncle's Avatar
    Join Date
    May 2006
    Location
    Virginia, USA
    Posts
    1,715

    Post imported post

    I have seen some "snubby" 1860 Colt Army repros here at gun shows that have had their barrels cut off to just beyond the taper from the loading lever cut-out. There were a number of them, and appeared to have been done at the factory, since the muzzles were properly crowned and the bluing was intact and professional-looking. They would probably fit in most large revolver holsters. When loaded with a max charge of Triple-7 and a 177 gr. soft lead round ball, they surely would be capable of some serious social work.

    Another approach would be to wear a historically correct Confederate uniform and a black leather flap holster with a full-size C&B revolver. Doubt that would be a problem in SC. Hell, you'd probably be saluted down there.

  16. #16
    Regular Member
    Join Date
    Mar 2008
    Location
    Greer, South Carolina, USA
    Posts
    100

    Post imported post

    I would salute you ... lol

    Get yourself a slim jim western style holster and go the post war cowboy route....

  17. #17
    Regular Member Thundar's Avatar
    Join Date
    Sep 2007
    Location
    Newport News, Virginia, USA
    Posts
    4,961

    Post imported post

    What does curiosity mean? Would it be any firearm classified as a curio or relic for which the US issues a n FFL collectors license to procure in interstate trade?

    Would my 1911 or Cz82 qualify?
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

  18. #18
    Regular Member
    Join Date
    Mar 2008
    Location
    Greer, South Carolina, USA
    Posts
    100

    Post imported post

    I would say in laymans terms ... a unique or one of a kind a belt buckle derigger, or keychain .22 but I may be all wet ...

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •