Did I break the law yesterday!!!!!

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?

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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?

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In NC you must notify.

PT, this is a thread from the NC sub-forum that may answer your questions/concerns.

http://opencarry.mywowbb.com/forum41/15462.html

Also: http://www.handgunlaw.us/documents/USOffLimitsN-W.pdf

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Looks like you only HAVE to offer CWP with DL if carrying on person. I think as a courtesy, I personallywould have presented, even if my weapon was in my center console, and also advised the LEO at time of presentation that I have a weapon in my console. That's just me.

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A check point for no reason? When did this become Nazi Germany? I can see a DUI check pointbecause it has a clearpurpose,and they don't ask "to see your papers," or do anything but check for intoxication. Sounds like they were the ones breaking the law.

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Per SC Law: ) 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.



Looks like you only HAVE to offer CWP with DL if carrying on person. I think as a courtesy, I personallywould have presented, even if my weapon was in my center console, and also advised the LEO at time of presentation that I have a weapon in my console. That's just me.

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SECTION 23-31-210. Definitions.

As used in this article:
[ ...]
(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.

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(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.

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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.

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http://www.scstatehouse.net/code/t23c031.htm


[align=center]ARTICLE 4.[/align]

[align=center]CONCEALED WEAPON PERMITS[/align]SECTION 23-31-205. Name.
This article may be cited as the "Law Abiding Citizens Self-Defense Act of 1996".

SECTION 23-31-210. Definitions.

As used in this article:
[ ...]
(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.

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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.

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The next previous poster is not correct.

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Does ( when carrying a concealable weapon ) specify on your person, or in your posession ?

whats the wording contained in article 4 of chapter 2 of title 23 ?

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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.

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