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Thread: Dorchester County, SC

  1. #1
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    Question Dorchester County, SC

    All,

    I need assistance pronto!!!

    I moved from AZ about 7 months ago to here. Since then, I have purchsed a handgun and attended the CCW school as mandated by SLED. I also came from AZ with 7 year CCW permit there, with no incidents.

    However, I received a notice from SLED that my cwp permit was denied by the Sheriff of Dorchester county. Actually, it was his chief S. Richardson. I went down to his office to meet with him per our agreement. When I was there to meet with him he was unavailable and I met with his investigator for CCW permit consideration. I was advised he could not go into specifics as to why I was denied a permit but said I was declined. I showed him my FBI record (FOIA) and my CCW permit from AZ I was still declined. So I appealed to SLED within the time frame and they said they cannot issue a permit unless the Sheriff agrees. What a run around!!

    I have no felonies and 3 misdemeanors from the later 1980's. I also read in SC laws that the county sheriff of residence must give a recommandation and so far they will not give it to me. I have no basis to appeal to SLED unless this sheriff will permit it. I am not satisfied of this sheriff's decision so what are my options Attorney, NRA or local advocacy groups? Any help with be greatly appreciated.

    Many Thanks.

  2. #2
    Regular Member John Canuck's Avatar
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    I cannot offer any answers, but I do have a thought. When I took my sled course, both instructors were retired LEO's. It might be worth your time to talk to whoever taught your course to see if they might have some insight.

    I'd be interested in seeing the correspondence you received with your personal details redacted of course.

    Now here is something you actually can do. Help us all by supporting constitutional carry. It looks like you are in the southern third of the state. Care to organize a breakfast get-together down that way to get this support rolling?

  3. #3
    Activist Member carsontech's Avatar
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    You moved from a AZ to SC? WHY!? You don't have to answer that, I know some things you just have to do and have no control over. I moved here from AZ, as well, except it wasn't my choice, I was too young to have a say in where my family moved. Now that I'm older have a family of my own, we are trying to move out to AZ.

    Anyway, it appears a written statement of the reasons you were denied MUST be given to you.

    Either they denied to give the reasons in person because they have to type them up and mail them to you, or they are breaking the law.

    You stated that "I have no basis to appeal to SLED unless this sheriff will permit it."

    I do not see what you are referring to. You appeal to the the Chief of SLED within thirty days from the date the denial notice is received. The Chief of SLED will then make the decision, not the Sheriff.

    Check out the SC Code of Laws, Title 23, Chapter 31, ARTICLE 4:

    SECTION 23-31-215. Issuance of permits.

    ...

    (B) Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides or if the applicant is a qualified nonresident, where the applicant owns real property in this State. The sheriff within ten working days after notification by SLED, must submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit.

    (C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial.

    (D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.
    Last edited by carsontech; 09-26-2011 at 11:10 PM.

  4. #4
    Activist Member carsontech's Avatar
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    Also, if you could buy a gun from an FFL within the state of SC, essentially, you should NOT have had a problem with getting your CWP.

    You may find because of the "ding" you had in getting your CWP, you may have trouble buying a firearm from now on from an FFL here in SC. This is just me speculating, I can't give sources for anything I just typed out.

    You need to know why you were denied so you can know how to appeal. Like Canuck said, consult with your CWP instructor. I also recommend a lawer if it looks like you can't get anywhere.
    Last edited by carsontech; 09-26-2011 at 11:09 PM.

  5. #5
    Regular Member papa bear's Avatar
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    i work with a young man, seemed to have a good head on his shoulders, at the GRNC table this week end that lived in Charlotte, NC. he has done 4 tours in Iraq and Afghanistan. he came back to the states and became a DI. So, as a civilian he went to get his CC, and got dinged. it seems when he was doing his exit evaluation, he said they had asked him if he felt hopeless, he said no, but the person doing the evaluation accidentally (he believed) hit yes. he said it was a red flag for suicide. it took him a year and a half of appeals to get his CC. in NC the sheriff has the power (way too much) to deny a permit.
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

  6. #6
    Activist Member carsontech's Avatar
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    Quote Originally Posted by papa bear View Post
    it took him a year and a half of appeals to get his CC. in NC the sheriff has the power (way too much) to deny a permit.
    I agree, NC gives it's sheriffs too much power. Purchase permits, CHP, etc.

    Sometimes I just sit around and compare certain state's laws with SC laws and ask myself if I would rather live there than in SC. NC is a grey area for me, in that respect. Yes, NC is a Gold Star OC state and SC is not, but the purchase permit thing really turns me off to NC.

    When it comes down to it, I would rather be able to protect myself by being able to OC than live in a state, like SC, that is infringing on my right to BEAR arms (open carry).

    Sorry, I hijacked the thread a bit...
    Last edited by carsontech; 09-26-2011 at 11:56 PM.

  7. #7
    Activist Member carsontech's Avatar
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    Quote Originally Posted by John Canuck View Post
    Now here is something you actually can do. Help us all by supporting constitutional carry. It looks like you are in the southern third of the state. Care to organize a breakfast get-together down that way to get this support rolling?
    Yes, to the OP, consider supporting constitutional carry here in SC, as it should help put an end the the ridiculous permit problems.

  8. #8
    Regular Member John Canuck's Avatar
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    Quote Originally Posted by Jack Clarke View Post
    I need assistance pronto!!!
    Any update on this?

  9. #9
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    Dorchester County, SC

    No, nothing as of value.

    Anyone have suggestions (real ones)

    Thanks!!!!

  10. #10
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    reply

    I did appeal to SLED and 2nd time and they responded I could go before a type of Judge / Committe. However, it also states that the county sheriff must agree to my permit and so far he will not give me reasons either verbally or written. So going before the commoittee is a mute point cause it just goes right back to the sheriff.

    UGH!!!!!





    QUOTE=carsontech;1617560]You moved from a AZ to SC? WHY!? You don't have to answer that, I know some things you just have to do and have no control over. I moved here from AZ, as well, except it wasn't my choice, I was too young to have a say in where my family moved. Now that I'm older have a family of my own, we are trying to move out to AZ.

    Anyway, it appears a written statement of the reasons you were denied MUST be given to you.

    Either they denied to give the reasons in person because they have to type them up and mail them to you, or they are breaking the law.

    You stated that "I have no basis to appeal to SLED unless this sheriff will permit it."

    I do not see what you are referring to. You appeal to the the Chief of SLED within thirty days from the date the denial notice is received. The Chief of SLED will then make the decision, not the Sheriff.

    Check out the SC Code of Laws, Title 23, Chapter 31, ARTICLE 4:

    SECTION 23-31-215. Issuance of permits.

    ...

    (B) Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides or if the applicant is a qualified nonresident, where the applicant owns real property in this State. The sheriff within ten working days after notification by SLED, must submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit.

    (C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial.

    (D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.[/QUOTE]

  11. #11
    Regular Member John Canuck's Avatar
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    " The sheriff within ten working days after notification by SLED, must submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit."

    This seems pretty straightforward. According to the law already quoted, the sheriff either submits something in writting, or by default SLED must consider his silence a favorable recommendation. So, has SLED given you anything in writing, and if so, can we see it?

    Have you considered a FOIA request to both the sherrif and SLED?
    Last edited by John Canuck; 10-01-2011 at 08:56 PM.

  12. #12
    Activist Member carsontech's Avatar
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    Quote Originally Posted by Jack Clarke View Post
    No, nothing as of value.

    Anyone have suggestions (real ones)

    Thanks!!!!
    You've, pretty much, just read replies from the only 2 active SC member on opencarry.org, lol. I doubt any other will chime in, unless its time for their monthly visit to opencarry.org, as it's pretty much dead here in the SC sub-fourm.

    Have you been on the USACarry.com forum? They're mainly a concealed carry board that has a SC sub-forum, as well. It's FAR more active than the SC sub-forum here. I don't go there much do to their opposition to open carrying, but there is some good information that pops up from time to time. I suggest asking on there, if you haven't already.

    Also, try out palmettoshootersforum.com. That's a forum specifically created for SC firearms enthusiasts.

    You may find suggestions (real ones), on those forums, as they mostly consist of people who are on the "concealed carry is the only way" band wagon, and probably know more about it than us constitutional carry folk.

    Hopefully that will get you the information you seek. Let us know how it goes.
    Last edited by carsontech; 10-02-2011 at 02:29 PM.

  13. #13
    Activist Member carsontech's Avatar
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    My plan worked! You moved away though, so I guess my plan semi-worked. lol

    Quote Originally Posted by OC for ME View Post
    It is hunting season ya know. It's kind of hard to post here while at the same time sitting in a tree stand.
    Very true, I can't get signal on my fancy phone where I hunt.
    Last edited by carsontech; 10-04-2011 at 03:29 AM.

  14. #14
    Regular Member John Canuck's Avatar
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    I guess we won't be seeing the correspondence received by the OP. Oh well.

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