Results 1 to 14 of 14

Thread: Carry in Restaurants

  1. #1
    Regular Member dmatting's Avatar
    Join Date
    May 2011
    Location
    Durham, NC
    Posts
    443

    Carry in Restaurants

    I live in NC and have my NC CHP - which South Carolina recognizes. My family and I will be in Myrtle Beach this coming weekend. I am bringing my gun and will likely be CCing with a big old Hawaiian type shirt to cover her up. I understand that while in the vehicle I have to stow the gun in the glovebox - which is fine - I'm usually the passenger cuz my wife typically drives. I just want to have a nice break down at the beach while still being able to protect my family if necessary. So, I went to handgunlaw.us and printed out the pdf for South Carolina and have read through it.

    My biggest question/concern is with carry in restaurants. It appears from what I have read in this forum that it is completely verboten. The pdf from handgunlaw.us is somewhat confusing, though, and I would really appreciate some clarification. The pdf says that carry there is not permitted - but then goes on to say that it is - as long as you are not in the bar area. I don't find that helpful at all - too ambiguous.

    So - I would obviously like to carry while we eat (not that I can do that here in NC - but I would still like too!). Right now I am leaning toward being on the "safe" side of the law (which may not be the physically safe side) and leaving the gun in the glove box.

    Can any of you experienced South Carolinians help to clear this up? I suspect that it will be "don't carry". THANKS!!!

  2. #2
    Regular Member dmatting's Avatar
    Join Date
    May 2011
    Location
    Durham, NC
    Posts
    443
    hmmm .... I ust read the handgunlaw.us pdf for North Carolina. They have the same exact verbiage about carrying in the restaurant but not being in the bar area - which I know is total crap in NC. So now I am pretty sure that it is total crap in SC. Unless anyone can say otherwise, it looks like I'm going to have to leave my pistol in the glove box...

  3. #3
    Activist Member carsontech's Avatar
    Join Date
    Apr 2011
    Location
    Anderson, SC
    Posts
    531
    Quote Originally Posted by dmatting View Post
    I live in NC and have my NC CHP - which South Carolina recognizes. My family and I will be in Myrtle Beach this coming weekend. I am bringing my gun and will likely be CCing with a big old Hawaiian type shirt to cover her up. I understand that while in the vehicle I have to stow the gun in the glovebox
    You don't have to keep your gun in the glove box if you have a firearm permit that is recognized here in SC, you can wear your firearm while in the car. If you didn't have a recognized permit, then one of your options would be to place the firearm in the glovebox.


    Quote Originally Posted by dmatting View Post
    hmmm .... I ust read the handgunlaw.us pdf for North Carolina. They have the same exact verbiage about carrying in the restaurant but not being in the bar area - which I know is total crap in NC. So now I am pretty sure that it is total crap in SC. Unless anyone can say otherwise, it looks like I'm going to have to leave my pistol in the glove box...
    You're correct, handgunlaws.us is total crap. In SC you can't carry in ANY business that sells alcohol for the purpose of consumption on it's premises. It's very frustrating that no one is allowed to protect themselves or their family, legally, if they want to go out to eat. That leaves only a few places to really be able eat: buffets, fast food, waffle house, huddle house, and Cracker Barrel (Cracker Barrel is on my family's no-no list, as they banned Open Carry, nationwide, in there stores).

    If I were from another state, I would NOT spend any of my money in SC.
    Last edited by carsontech; 08-09-2011 at 10:14 PM.

  4. #4
    Regular Member dmatting's Avatar
    Join Date
    May 2011
    Location
    Durham, NC
    Posts
    443
    Thanks for the reply. We still have never been to the outer banks and we have lived in NC for closing on 20 years - perhaps we will try that soon instead of myrtle.
    Quote Originally Posted by carsontech View Post
    ... and Cracker Barrel (Cracker Barrel is on my family's no-no list, as they banned Open Carry, nationwide, in there stores)...
    I've eaten at Cracker Barrel in Smithfield, NC with gun on hip and didn't have any problems at all.

  5. #5
    Activist Member carsontech's Avatar
    Join Date
    Apr 2011
    Location
    Anderson, SC
    Posts
    531
    Check these threads out about Cracker Barrel:

    http://forum.opencarry.org/forums/sh...ers-(Per-VCDL)

    Especially this post in that thread:
    http://forum.opencarry.org/forums/sh...=1#post1492277

    http://forum.opencarry.org/forums/showthread.php?92726-Told-not-to-carry-again-in-his-store...&

    http://forum.opencarry.org/forums/sh...racker-barrell

    You may not have problems in certain Cracker Barrels, as some stores may not even know about the CORPORATE policy that began at the begging of this year, which banned open carry, but not concealed carry in the restaurants. Though, it is only a matter of time until all of their managers are educated about the policy it.

    Giving money to Cracker Barrel is only letting corporate know that banning OC is ok. Even though a certain Cracker Barrel restaurant may not know about the policy yet, and is allowing open carry, the money from the customers that open carry in that particular store is still ending up at corporate. Corporate sees the money, not knowing it came from a customer that was open carrying (because they don't know that the manager doesn't know about the OC ban, or that the manager isn't enforcing the ban), and think they're not losing business.

    Then they might try to ban CC at there stores, because they feel they don't want to take a risk with people coming in there with guns, and since they didn't see too much loss of business when they banned OC, they project they wont lose much business when they ban CC.

    So, spending any money at Cracker Barrel is giving money to a corporation that wants to infringe on the 2nd amendment rights of every citizen in the united states.
    Last edited by carsontech; 08-10-2011 at 12:40 PM.

  6. #6
    Regular Member
    Join Date
    Nov 2009
    Location
    , ,
    Posts
    63
    Any legislation pening for this session? we need to write our reps and senators

  7. #7
    Herr Heckler Koch
    Guest
    http://www.scstatehouse.gov/subjectsearch.php
    Session 119 - (2011-2012) WEAPONS
    1. S 0203 General Bill, Summary: Concealed weapons
    2. S 0249 General Bill, Summary: S.C. Firearms Freedom Act
    3. S 0265 General Bill, Summary: Firearm
    4. S 0618 General Bill, Summary: Firearm used in the commission of an alleged murder
    5. H 3116 General Bill, Summary: Handguns
    6. H 3127 General Bill, Summary: Pardons
    7. H 3140 General Bill, Summary: Weapons
    8. H 3161 General Bill, Summary: Handguns
    9. H 3292 General Bill, Summary: Handguns
    10. H 3398 General Bill, Summary: Firearm theft
    11. H 3405 General Bill, Summary: Public official
    12. H 3559 General Bill, Summary: Motor vehicles
    13. H 3639 General Bill, Summary: Concealed weapon permits
    14. H 3664 General Bill, Summary: Storing of ammunition/firearms
    15. H 3766 General Bill, Summary: Discharging a firearm into a dwelling
    16. H 3769 General Bill, Summary: Jayden's Law
    17. H 3882 General Bill, Summary: Fraudulent firearms and Ammunition purchase
    18. H 4494 General Bill, Summary: Purchase of rifles or shotguns in contiguous

  8. #8
    Regular Member
    Join Date
    Nov 2009
    Location
    , ,
    Posts
    63
    jUST wondering does 3292 allow open carry? [I] saw no mention of it.If yall feel its a good bill lets start now and contact our senators and reps.Go for it folks!!!!

  9. #9
    Herr Heckler Koch
    Guest
    Quote Originally Posted by dadpharm View Post
    jUST wondering does 3292 allow open carry? [I] saw no mention of it.If yall feel its a good bill lets start now and contact our senators and reps.Go for it folks!!!!
    http://www.scstatehouse.gov/sess119_...ills/3292.docx
    • A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
    • BY ADDING SECTION 16-23-510 SO AS TO PROVIDE A LIST OF LOCATIONS WHERE CERTAIN PERSONS ARE PROHIBITED FROM CARRYING A HANDGUN;
    • BY ADDING ARTICLE 9 TO CHAPTER 31, TITLE 23 SO AS TO PROVIDE THAT CERTAIN PERSONS MAY NOT PROHIBIT AN INDIVIDUAL FROM TRANSPORTING OR STORING LEGALLY-POSSESSED FIREARMS OR AMMUNITION IN THE INDIVIDUAL'S PRIVATELY-OWNED MOTOR VEHICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS ARTICLE;
    • TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF HANDGUNS, SO AS TO REVISE THE CIRCUMSTANCES THAT CONSTITUTE THE UNLAWFUL CARRYING OF A HANDGUN;
    • TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO THE POSSESSION OF A FIREARM ON SCHOOL PROPERTY, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON CAN CARRY A FIREARM ON SCHOOL PROPERTY;
    • TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH A PERSON MAY CARRY A WEAPON ON SCHOOL PROPERTY;
    • TO AMEND SECTION 16-23-460, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A DEADLY WEAPON, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH IT IS UNLAWFUL TO CARRY A DEADLY WEAPON;
    • TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO ADDITIONAL PENALTIES FOR CARRYING A FIREARM ONTO THE PREMISE OF A BUSINESS THAT SELLS ALCOHOLIC BEVERAGES, SO AS TO REVISE THE PENALTIES AND THE CIRCUMSTANCES UPON WHICH THEY MUST BE IMPOSED;
    • TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERMIT HOLDER TO HAVE HIS IDENTIFICATION CARD IN HIS POSSESSION WHENEVER HE CARRIES A CONCEALABLE WEAPON AND INFORM A LAW ENFORCEMENT OFFICER THAT HE IS A PERMIT HOLDER UNDER CERTAIN CIRCUMSTANCES,
    • TO REVISE THE LOCATIONS UPON WHICH IT IS LAWFUL TO CARRY A CONCEALABLE WEAPON WITH AND WITHOUT A PERMIT,
    • AND TO REVISE THE CIRCUMSTANCES UPON WHICH A VALID OUT-OF-STATE PERMIT TO CARRY A CONCEALABLE WEAPON MUST BE HONORED;
    • AND TO AMEND SECTIONS 23-31-220 AND 23-31-225, RELATING TO THE CARRYING OF CONCEALABLE WEAPONS UPON THE PREMISES OF A BUSINESS OR A RESIDENCE, SO AS TO REVISE THE CIRCUMSTANCES UPON WHICH IT IS LAWFUL TO CARRY A CONCEALABLE WEAPON ON THESE PREMISES.
    “Section 16-23-20. It is unlawful for anyone to carry about the person any handgun, whether concealed or not, with the intent to use it unlawfully against another person. The intent to use a handgun unlawfully against another person shall not be inferred from the mere possession, carrying, or concealment of a loaded or unloaded handgun.”
    Last edited by Herr Heckler Koch; 01-07-2012 at 11:26 PM.

  10. #10
    Activist Member carsontech's Avatar
    Join Date
    Apr 2011
    Location
    Anderson, SC
    Posts
    531
    Don't forget about the Local Regulations section of the SC Code of Law, especially Section 23-31-520. Basically, without a definition of brandishing, or case law about it, cities and counties could look at open carrying as brandishing:

    LOCAL REGULATIONS

    SECTION 23-31-510. Prohibition against regulation of certain matters.

    No governing body of any county, municipality, or other political subdivision in this State may enact or promulgate any regulation or ordinance which regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things.

    SECTION 23-31-520. Power to regulate public use of firearms; confiscation of firearms or ammunition.

    This article does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters. This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest.
    Some cities and counties have ordinances that make carrying a handgun, concealed or not, a crime. The only reason carrying concealed is not a crime in those cities and counties is because of section 23-31-510 the in SC Code of Laws.

    If H.3293 was passed, or a similar bill, without modification to Section 23-31-520. Then I'm sure the legality of open carrying firearms would depend on what county or city you are in and what the Judges definition of brandishing is.

    So, as I said, we need to see about getting Section 23-31-520 amended, like adding a definition for brandishing to make it clear that wearing a holstered firearm is not considered brandishing.

    If your're curious about local ordinances related to firearms in a specific city or county in SC, please see the following thread on Palmetto Shooters Forum:

    http://www.palmettoshootersforum.com...hp?f=42&t=2816

    Please com join some of us at Starbucks for discussion on this and other things, details can be seen in this thread:

    http://forum.opencarry.org/forums/sh...akfast-1-21-11

  11. #11
    Herr Heckler Koch
    Guest

    Cite the cities, counties and ordinances

    Quote Originally Posted by carsontech View Post
    Some cities and counties have ordinances that make carrying a handgun, concealed or not, a crime.
    Cite the cities, counties and ordinances that make carrying a handgun, concealed or not, a crime.

    Activists need to know to take action. Thank you.

  12. #12
    Activist Member carsontech's Avatar
    Join Date
    Apr 2011
    Location
    Anderson, SC
    Posts
    531
    Good thing I don't have much to do this morning, lol. This might take a while as I go through the ordinances posted on Palmetto Shooters Forum, then remember what the source was for the codes. I have the sources saved in my favorites, but it took 2 or 3 sources to get most of what you see in that thread on the Palmetto Shooters Forum.

    I think I will post what you requested in here, then make a whole new thread with all the SC local ordinances.

  13. #13
    Herr Heckler Koch
    Guest
    I doubt your local shooters forum has a rule to legal citations.

    http://forum.opencarry.org/forums/misc.php?do=showrules
    Quote Originally Posted by (5) CITE TO AUTHORITY:
    If you state a rule of law, it is incumbent upon you to try to cite, as best you can, to authority. Citing to authority, using links when available,is what makes OCDO so successful. An authority is a published source of law that can back your claim up - statute, ordinance, court case, newspaper article covering a legal issue, etc.
    I can instantly cite my State Statutes on guns, my County Ordinances and my town Ordinances, all because of the practice gained here on OCDO. I am familiar enough with SC Statutes that I can find them quickly enough, for my training with/through Grass Roots Gun Rights South Carolina that was put down by the Loonie Ed.
    Last edited by Herr Heckler Koch; 01-08-2012 at 10:48 AM.

  14. #14

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •