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Did I break the law yesterday!!!!!

Panos1296

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Sheriff wrote:
Panos1296 wrote:
Check points are unconstitutional, period.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The courts disagree with you. You have no constitutional right totravel the public roadways with slick tires, a broken windshield, expired license plates or under the influence of drugs and/or alcohol.

Seeing as to how I might drink 6 beersa year, I also dislike the idea of having to stop at a roadblock and prove I have not been drinking while driving. I also hate having to stop and prove my tires are not slick, my license plates are currentand my windshield is not cracked, but it is necessary for the safety of other citizens on the road.
Yes,we must bethankful to have govt to protect us. LOL. Freedom isnt free, right? "Your papers, please! What is your business on our govt roads tonight?"

"Those willing to give up liberty for security deserve neither." -Benjamin Franklin


If I am stopped for slick tires or a broken windshield, so be it. The blanket stops of EVERY driver is unconstitutional because there is no probable cause, regardless of what some judges say. Half the laws we have in this country are unconstitional but govt doesnt give a toss. They are our rulers, remember? Free country? Not anymore.
 

no carry permit ?

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Dustin wrote:
Of cuorse all this changes if he ask me, and or if he asks to search my vehicle, which I would gladly say yes sir, you can search my vehicle, as soon as you provide a WARRANT !

I love how on Woldest Police Chases the Cops are so sneaky in getting people to let them search their ride, b/c they don't know that they can refuse/ Sad thing is they almost always find something, and people like us are rarely questioned and asked if they can search our vehicles.

Actually the Supreme court has ruled that the police can search your vehicle for "officer safety", they are limited to areas of your immediate control where you may have hidden a weapon. Under the front seats, unlocked console, and a unlocked glove box for example can be searched without a warrant during any traffic stop.

Yep, the Supreme court has pissed on the Constitution more than once. Wait till we see the Nazi bastards that Obama puts on the high court (should the little maggot get elected).

A lockable briefcase (preferably metal) on the passenger seat is great for a quick stash place. Locked luggage, containers etc. in a vehicle always require a warrant.

I use this however any lockable case will do.
 

Doug Huffman

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In SC a briefcase MAY get you in trouble. IIRC a lady's purse has been tested in court but not, to my knowledge, a 'briefcase'.

Gun carry is illegal in SC with some notable exceptions, like a CWPermitee, that do not include other-than-wearing/apparel.

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
[ ... ]
 

Caveman93

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PT111 wrote:
Yesterday as I was going home the traffic was backed up with a pile of blue lights flashing up ahead. I figured it was an accident. The I saw around the cars in front that it looked like most were being redirected around the accident onto a side street. As I got closer I noticed a sign that said Sheriff's Check Point.:shock: I placed my gun in my console which is legal in SC and decided to go ahead and get out my license and registration. When I finally got up to the check point I could see that all those cars that they had redirected were parked on the side street and looked like being wrttien a ticket.

I got up to the LEO and he asked for my license and registration. I handed it to him, he walked around behind, checked the license plate, handed my license back and registration back to me and said "Have a safe trip, Sir". The odd thing was this was being directed by the Sheriff's Department, I didn't see any Highway Patrolmen or City Police. I have a feeling that they were looking for more than drunk drivers or expired license.

Since I had my gun in my console and not on me I didn't show him my CWP like I am supposed to do. I also did not ask him if I was being detained. What else did I do wrong?
You did not break any laws. You only have to notify if theweapon is concealed in your vehicle or on your person. By placing the weapon in plain sight on your console or seat nullifies the right to notify. This is at least true in NC.
 

hp-hobo

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Caveman93 wrote:
You did not break any laws. You only have to notify if theweapon is concealed in your vehicle or on your person. By placing the weapon in plain sight on your console or seat nullifies the right to notify. This is at least true in NC.
But he would have certainly broken the law in South Carolina and been arrested if he followed your "advice". In the future I hope you'll re-think using information for one state to advise someone on a situation in another state. It's probably not the best idea. Sometimes the smartest and most helpfulthing you can say is nothing at all.
 
M

mdgary

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hp-hobo wrote:
Caveman93 wrote:
You did not break any laws. You only have to notify if theweapon is concealed in your vehicle or on your person. By placing the weapon in plain sight on your console or seat nullifies the right to notify. This is at least true in NC.
But he would have certainly broken the law in South Carolina and been arrested if he followed your "advice". In the future I hope you'll re-think using information for one state to advise someone on a situation in another state. It's probably not the best idea. Sometimes the smartest and most helpfulthing you can say is nothing at all.
+1 Absolutly the wrong advice
 

Caveman93

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mdgary wrote:
hp-hobo wrote:
Caveman93 wrote:
You did not break any laws. You only have to notify if theweapon is concealed in your vehicle or on your person. By placing the weapon in plain sight on your console or seat nullifies the right to notify. This is at least true in NC.
But he would have certainly broken the law in South Carolina and been arrested if he followed your "advice". In the future I hope you'll re-think using information for one state to advise someone on a situation in another state. It's probably not the best idea. Sometimes the smartest and most helpfulthing you can say is nothing at all.
+1 Absolutly the wrong advice
Ouch! Did I mention this was for North Carolina? Where did he break the law anyhow having it in his glove box?
 

PT111

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Caveman93 wrote:
mdgary wrote:
hp-hobo wrote:
Caveman93 wrote:
You did not break any laws. You only have to notify if theweapon is concealed in your vehicle or on your person. By placing the weapon in plain sight on your console or seat nullifies the right to notify. This is at least true in NC.
But he would have certainly broken the law in South Carolina and been arrested if he followed your "advice". In the future I hope you'll re-think using information for one state to advise someone on a situation in another state. It's probably not the best idea. Sometimes the smartest and most helpfulthing you can say is nothing at all.
+1 Absolutly the wrong advice
Ouch! Did I mention this was for North Carolina? Where did he break the law anyhow having it in his glove box?

The question was did I break the law by not notifying the LEO that I have a CWP. I know there was no law broken by having it in my console and if I had it on me I would have notified him of that.By having it in my console I was not "carrying" IMO and did not need to notify of a CWP as law requires.

The post about NC points out that we need more standardization of carry laws from state to state whether they be more like Vermont or not. This is alos one of the arguments for state control of gun-laws so that a person does not have to learn a new one while driving from one town to another.
 

hp-hobo

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PT111 wrote:
The question was did I break the law by not notifying the LEO that I have a CWP. I know there was no law broken by having it in my console and if I had it on me I would have notified him of that.By having it in my console I was not "carrying" IMO and did not need to notify of a CWP as law requires.

The post about NC points out that we need more standardization of carry laws from state to state whether they be more like Vermont or not. This is alos one of the arguments for state control of gun-laws so that a person does not have to learn a new one while driving from one town to another.
I understand and agree with your point comparing driving laws to carry laws. That being said, driving laws are not and never have been standardized across the US. Not all states allow right turns on red. On city streets without speed limit signs,some states use 25, some use 30and some use35 mph as the legal speed. Unmarked rural roads have various speed limits. Etc, etc, etc. There aremany more examples, these are just a few.

Now I understand that if you make a minor mistake while driving the cop will probably let you go when you explain you're from out of state. Worst case scenerio is that you'll get a ticket. And obviously a potential weapons offense would be much worse from a legal and financial standpoint. Butmy point is that the only laws that are 100 percent standardized across the board are federal laws... And I'm sure those are even flexible in some cases, and I know I don't want the feds making all the decisions for us.
 

PT111

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I don't want the feds making the laws either, just wish the states would get together on some things. One of the misunderstandings is that your drivers license is good in all states. This is an agreement by the states, not a federal mandate. The Commercial Drivers License is a Federal deal but not your regular license. Highway numbers like US #1 or US #301 is a state agreement rather than anything federal.

There are many minor differences between states as you say but the majority are the same. For instance all states require you to drive on the right side of the road and stop at stop sighns. Red lights which means stop are always the top light and green which meand go the bottom. I remember when that was not always the case. :shock: Concealed should mean concealed in every state and OC should not require no reound in the chamber in some states and not others. All states should have the same places off-limits and signs mean the same thing. In SC the no guns signs means you can be arrested but in other states the signs have no meaning.
 

springer7676

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In our training course the NRA instructor mentioned the question of when you should notify an LEO . His statement made sense at the time. After reading all the different opinions I am not sure. Here is what the instructor said:

SC does not have open carry. SC does allow a firearm to be carried in your glove box, trunk or other secured container. You do not have to have a permit to carry a firearm in this mode. You do not have to notify the LEO that you have a firearm in this mode of carry if stopped. You can notify but are not required too.

If you have a CWP and have the weapon concealed on your person when stopped, then you must notify the LEO that you have a CWP and are carrying a weapon concealed on your person.

There seems to be two different modes of carrying weapon legally in SC.

1. Concealed on your person with a SC CWP

2. Transporting a weapon in your car legally per SC law.
 

outhouseking

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Doug, a question. My wife and I both have CWP`s andwe`re both in the car in S.C. and I get pulled for whatever reason, would she have to show the officer her CWP too or just me as I`m the driver.
 

PT111

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outhouseking wrote:
Doug, a question. My wife and I both have CWP`s andwe`re both in the car in S.C. and I get pulled for whatever reason, would she have to show the officer her CWP too or just me as I`m the driver.
Only you unless for some reason she has to show her DL.


a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver’s license from a permit holder.
 

Doug Huffman

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Just so. From the URL cited above.

SECTION 23-31-215. Issuance of permits.

[ ... ]

(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
 

PT111

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AbNo wrote:
Possibly silly question, but do you need to have your permit if you're not carrying in SC?
Nothing that I know of that requires it if you aren't carrying other that it makes a good state issued ID card. it looks exactly like a drivers license except for the blue border at the top and the permit number. They use the exact same pictures and signatures.
 
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