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How to legally OC a pistol in SC

Virginian683

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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.) :cool:

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
 

Lame Wolf

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

Lame Wolf
 

340mopar

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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
 

Lame Wolf

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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.
 

rmodel65

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

Lame Wolf

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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.
 

340mopar

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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.
 

rdinatal

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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
 

Lame Wolf

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

Dutch Uncle

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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. :lol:
 

Thundar

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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?
 
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