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S.C. Code of Laws

outhouseking

Regular Member
Joined
Sep 18, 2007
Messages
16
Location
, ,
In the Code under carring a gun in a car it says, "(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

(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;".
Can anyone explain to me what, "or about his person" means.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Generally speaking, it means attached to your body (via holster, tucked into your belt or waistband, in your pocket (pants, coat/jacket, or shirt) or "within your wingspan" -- without getting up from where you are, you can stretch your arm and touch it. This includes needing to twist your body or raise slightly from a sitting position.

Your best bet for understanding exactly how the term is "defined" is to review case law. If you are not familiar with doing legal research you can go to the law library at your county courthouse and ask the clerk for some assistance/training, or contact the law library at a nearby law school. Access to Nexis/Lexis (a legal search engine) really helps but is not mandatory. Once you get the basics down, start learning to "Shepardize" cases - Shepard's is another search engine that sorts out the laws that apply to a particular scenario.

You have now completed about half of the first year of law school.

stay safe.
 

hp-hobo

Regular Member
Joined
Jun 24, 2008
Messages
399
Location
Manchester State Forest, SC
"On or about his person", in South Carolina legalese, means either on your person (obviously) or in something that you would carry on or with your body such as a fanny pack, a briefcase or purse and it would have to be in close proximity to you in the vehicle such as on the passenger seat or floor. Certainly within easy reach.

The problem with the "within your wingspan" definition is that a gun on the seat next to you covered only by a towel (for example) would be within reach and out of sight but not on or about your person.

For a genuinely better place to get your question answered, visit and join http://groups.yahoo.com/group/scfirearms/ .
 

outhouseking

Regular Member
Joined
Sep 18, 2007
Messages
16
Location
, ,
"On or about his person", in South Carolina legalese, means either on your person (obviously) or in something that you would carry on or with your body such as a fanny pack, a briefcase or purse and it would have to be in close proximity to you in the vehicle such as on the passenger seat or floor. Certainly within easy reach.

The problem with the "within your wingspan" definition is that a gun on the seat next to you covered only by a towel (for example) would be within reach and out of sight but not on or about your person.

For a genuinely better place to get your question answered, visit and join http://groups.yahoo.com/group/scfirearms/ .

Thanks, I`ll check it out.
 
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