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Thread: legal open carry in SC?

  1. #1
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    legal open carry in SC?

    Section 23-31-215 (o)
    A permit issued pursuant to this article is not required of this person: (1) specified in Section 16-23-20, items (1) through (5)

    Section 16-23-20 unlawful carrying of handgun, exceptions
    (4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot

    Sooooooo, if I have my fishing license on me and I am fishing off the Battery in downtown Charleston on a Sunday afternoon while sporting my Glock on my hip......no problem???

  2. #2
    Regular Member hp-hobo's Avatar
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    Quote Originally Posted by topcat View Post
    Section 23-31-215 (o)
    A permit issued pursuant to this article is not required of this person: (1) specified in Section 16-23-20, items (1) through (5)

    Section 16-23-20 unlawful carrying of handgun, exceptions
    (4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot

    Sooooooo, if I have my fishing license on me and I am fishing off the Battery in downtown Charleston on a Sunday afternoon while sporting my Glock on my hip......no problem???
    Technically, yes. Out in the sticks where I live it's done all the time with no issues. That being said, I'm thinking it would be a different story in Charleston. I can see loads of MWAG calls and the cops who respond not knowing the law, which would cause someone a bunch of grief.

    That being said, if you'd ever like to go fishing in Charleston and OC while doing so, let me know. I haven't been fishing in years.
    "The only thing that stops a bad guy with a gun, is a good guy with a gun."

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    Charleston does have a city ordinance sec.22-5 (g) which says 'no person shall possess any firearm in or upon a park'. I think the battery area is considered a park. But I assume the state preemption law 23-31-510 would nullify that city ordinance. I just might contact the city attorney and the police dept. to get some feedback on their interpretation of the law and what their reaction might be to someone OC while fishing on the battery. I did this kind of 'preemptive' research before with another police dept. with amazing results. They were wrong on their view of the law concerning carry in parks here in GA and once I quoted the state law they actually had their AG send an email out to all the precinct captains to re-train the officers.

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    Quote Originally Posted by topcat View Post
    Charleston does have a city ordinance sec.22-5 (g) which says 'no person shall possess any firearm in or upon a park'. I think the battery area is considered a park. But I assume the state preemption law 23-31-510 would nullify that city ordinance. I just might contact the city attorney and the police dept. to get some feedback on their interpretation of the law and what their reaction might be to someone OC while fishing on the battery. I did this kind of 'preemptive' research before with another police dept. with amazing results. They were wrong on their view of the law concerning carry in parks here in GA and once I quoted the state law they actually had their AG send an email out to all the precinct captains to re-train the officers.
    Absolutely correct. State preemption DOES trump that city ordinance. My town has an ordinance that prohibits Taxi Drivers from having ANY type of on person weapon. They tried to get me to comply, but didn't push it because I have a CWP. And all these posters that talk about those cops who "don't know the law"? Load of hog waller. They KNOW it, they just don't all LIKE it, and will try to buffalow you into giving up your rights. As for OC in SC, I am losing hope. We just can't seem to get those SC people who live here AND agree with OC to actually CALL or WRITE. For som e reason, some of our people only want OC in SC here on the forums I guess. They want it, but not bad enough to actually DO anything to get it. C'mon!! Local call to your State Reps!! How hard is that???

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    Armyman For the past 3 years I have benn trying to get people to do just that. I have e mailed not only my own senator and rep(mikeFair and Dwight Loftis) but every member of the house and senate. Of those that replied only 2 were agst open carry and or restaurant carry.Come on writ em now and when the session starts.

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