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SC - Carrying in a place that serves alcohol

A

AllAmerican

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Its time to step up and call the legislators. The session is about to begin. We all know about the open carry bill thats being introduced. Many of us are of the mind that it wont pass but there are other things we can get done this year. Rest. carry is one thing we should be able to get done. Picking up our kids at school is another.

Im ready to make the effort.
 
D

dan-da-man

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would it be possible to post the names and email addresses of our elected officials per the districts that they repesent, so that we can contact these people about OC and carrying in restaurants, etc....???? :what:
 
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dan-da-man

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should have made this statement before sending the last one.... here in Easley, my State Senator is Larry Martin (great guy) and my State Rep is Rex Rice, he never answered any of my emails, so i can't tell you if he's a 2nd Amendment supporter or not. so if any of you live in this area, contact them. :celebrate
 
B

BRobb19

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PT111 wrote:
Can someone point a different section of the code that says you can't carry in a place that server alcohol if you have a permit.

"a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor"
Click to expand...

16-23-460 says it doesn't apply if you have a CWP.
16-11-330 is about robbery. Where is the section that says you can't carry in a restaurant that sells alcohol with a CWP or am I interpreting this wrong?
Click to expand...

I'm not sure why you even started this thread, or why there has been so much debate following. In the very statute that you yourself copied & posted it clearly states that carrying a firearm into a place that sells alcohol for consumption is a misdemeanor.

[I erased the the rest of everything that you posted so you'd be able to read it easily.]

Have a nice day.
 
A

AllAmerican

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I have been assured by GRGRSC tthat a bill will be introduced this year to take care of the rest. carry issue and also the pesky school thing.

So yes, it will be time to call the legislators, join GRGRSC and more.
 
P

PT111

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, South Carolina, USA
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BRobb19 wrote:
PT111 wrote:
Can someone point a different section of the code that says you can't carry in a place that server alcohol if you have a permit.

"a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor"
Click to expand...

16-23-460 says it doesn't apply if you have a CWP.
16-11-330 is about robbery. Where is the section that says you can't carry in a restaurant that sells alcohol with a CWP or am I interpreting this wrong?
Click to expand...

I'm not sure why you even started this thread, or why there has been so much debate following. In the very statute that you yourself copied & posted it clearly states that carrying a firearm into a place that sells alcohol for consumption is a misdemeanor.

[I erased the the rest of everything that you posted so you'd be able to read it easily.]

Have a nice day.
Click to expand...
Evidently you haven't readthe lawscompletely. Not only are some LEO's being told that it is not enforceable and both Chief Stewart of SLED and Sen. Richardson have questioned the AG on this, once in 2001 and once in 2008. In both cases the AG never said that it was against the law as written but rather as the intention of the State Legislature to make it illegal.
 
B

BRobb19

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k well, be that as it may, it doesnt really matter what mister stewart or mister richardson may have said in an interview or courtroom or anywhere else.

the law is what it is, and it will remain so until it is re-written differently.

does it kind of suck?

Yes it does.
 
W.E.G.

W.E.G.

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Just to be clear, are we at least in agreement that a person with a valid carry permit MAY carry a concealed handgun into an establishment which serves alcohol, provided that there are no properly-posted signs stating any prohibition as to firearms?

I understand that this thread has drifted toward the question of the applicability when the "blue law" is in effect. I won't be testing that area of the law.

I just want to be sure I'm in the clear with concealed carry at Joe's Bar and Restaurant, provided that Joe hasn't posted a NO-GUNS sign.

Is it safe?
 
W.E.G.

W.E.G.

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The very end of SECTION 23-31-215 at http://www.scstatehouse.gov/code/t23c031.htm
clarifies that a carry permit is no good under the following circumstances:

10-11-320
Carrying or discharging firearm on grounds of the capitol

16-23-420
Carrying or displaying firearms in public buildings or areas adjacent thereto
(schools and public brandishing)

16-23-430
Carrying weapons on school property

16-23-465
Additional penalty for UNLAWFULLY carrying at alcohol establishment
(this appears to address the situation where carry/possession is forbidden by statement of the person in charge of the property, or by proper signage)

44-23-1080
Patients and prisoners denied access

44-52-165
Patients receiving alcohol and drug addiction services prohibited

50-9-830
citation to non-existent section in Fish, Game and Watercraft portion of the code

51-3-145
State Forests - Exception for holders of Concealed Weapons Permits
 
P

PT111

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, South Carolina, USA
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W.E.G. wrote:
2007 and 2008 South Carolina Attorney General's opinions online at http://www.scattorneygeneral.org/opinions/index.html
I find nothing there germane to this topic by searching the terms "alcohol" or "firearm."
Click to expand...

It is AG opinion 564590 from 2001 on the Westlaw archive site.

2001 WL 564590 (S.C.A.G.)

I have a copy of it but no way to link it as it is too large to upload on here (11.9Mb) and I don't have a server to upload it to. It is a pdf file and for some reason I can't C&P this one.

Theopinion was just copied toSen. Hayes on Feb, 28, 2008, not a new opinion.

If you have acces to Westlaw you can look it up.
 
3

340mopar

Regular Member
Joined
Mar 24, 2008
Messages
100
Location
Greer, South Carolina, USA
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Hey you want to liven it up ... do you realise the only way a "Security Guard" has a right to carry a gun is with a CWP .... and they have to abide by the same laws we do....



meaning a bar, restaurant, etc can not hire armed security.... unless they hire off duty cops,



this new proposed bill would change that as I see it... for us as CPW's ... hmmm
 
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