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Thread: Open carry rifle in SC

  1. #1
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    Open carry rifle in SC

    I can't find any information or statute that makes it illegal to open carry a rifle, at the very least from point to point. Points being places you are allowed to have one, like from one property to another that you own, or from your home/car to someone else's property who allows you to have a firearm.

    Can anyone else find anything in state law?

    My county/cities are not "digital" yet....

  2. #2
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    "Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in a locked container. In vehicles without a locked container, the unloaded firearm shall be in a locked box other than the glove compartment or console."

    Sounds like federal law is the crutch here? So no loaded or shoulder carry, it has to be in a case...

  3. #3
    Activist Member carsontech's Avatar
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    I can't find any state statute that comes right out and prohibits the carrying a "rifle" or "shotgun" openly. I do know that some cities and counties prohibits public display and banishment of firearms.

    See this link for an incomplete list of local ordinances:
    http://www.palmettoshootersforum.com...hp?f=42&t=2816

    You may want to take a look at some of these state statutes as well:


    In SECTION 23-31-520, "brandishment" is not defined. So, in a city or county statutorily prohibits the display of firearms, there is a possibility that one may charged with brandishing for openly carrying a long gun, even though SECTION 23-31-510 statutorily prohibits cities and counties to regulate the carrying of firearms.

    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.


    Also... even though the following statute has to do with hunting, the way it is written defines hunting as "possessing, carrying, or having readily accessible" certain firearms. This statute could mean that the carrying of certain long guns is illegal on a public road or railroad right-of-way, "if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way."

    Example:
    It is illegal to carry certain long guns on, or even possibly near, a public road adjacent to property you don't have permission to hunt on, like the grocery store.

    SECTION 50-11-760. Hunting from certain public roads and railroad rights-of-way prohibited; definitions; penalties. [SC ST SEC 50-11-760]

    (A) It is unlawful for a person to hunt from a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way.

    (B)(1) For purposes of this section, "hunting" includes:

    (a) taking deer by occupying stands for that purpose; or

    (b) possessing, carrying, or having readily accessible:

    (i) a loaded centerfire rifle; or

    (ii) a shotgun loaded with shot size larger than number four.

    (2) For purposes of this section, "loaded" means a weapon within which any ammunition is contained.

    (3) For purposes of this section, the terms "possessing", "carrying", and "having readily accessible" do not include a centerfire rifle or shotgun which is contained in a:

    (a) closed compartment;

    (b) closed vehicle trunk; or a

    (c) vehicle traveling on a public road.

    (C) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days.

    (D) In addition to any other penalties, the department must suspend the hunting privileges of a person convicted of violating this section for one year from the date of the conviction.

  4. #4
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    Quote Originally Posted by carsontech View Post
    In SECTION 23-31-520, "brandishment" is not defined.
    Also... even though the following statute has to do with hunting, the way it is written defines hunting as "possessing, carrying, or having readily accessible" certain firearms. This statute could mean that the carrying of certain long guns is illegal on a public road or railroad right-of-way, "if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way."

    Example:
    It is illegal to carry certain long guns on, or even possibly near, a public road adjacent to property you don't have permission to hunt on, like the grocery store.
    Brandishment may be a problem, but the lack of definition is problematic too. It defines "possessing, carrying, or having readily accessible" loaded firearms. This would be a rifle with clip removed.

    I really wish they would make laws legitimate and readable.

  5. #5
    Activist Member carsontech's Avatar
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    Oh, forgot this too:

    In the following statute, "present" is not defined. So, depending on how a LEO or judge interprets the term "present", one might be charged with, or charged and convicted of, "presenting" a firearm at someone, merely by openly carrying a long gun around someone else.

    SECTION 16-23-410. Pointing firearm at any person. [SC ST SEC 16-23-410]

    It is unlawful for a person to present or point at another person a loaded or unloaded firearm.

    A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances.

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    Quote Originally Posted by carsontech View Post
    Oh, forgot this too:

    In the following statute, "present" is not defined. So, depending on how a LEO or judge interprets the term "present", one might be charged with, or charged and convicted of, "presenting" a firearm at someone, merely by openly carrying a long gun around someone else.
    Thanks for that too! Those terms really should be defined... I mean, they define rifle in the code but never use it in any way.... weird.

  7. #7
    Activist Member carsontech's Avatar
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    The statutes were probably left ambiguous on purpose. Theory: SC politicians didn't want "lower class" people carrying firearms of any sort. So, they made it to where LEOs and judges could use their discretion, instead of following a strict, clear, statute.

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    Quote Originally Posted by carsontech View Post
    The statutes were probably left ambiguous on purpose. Theory: SC politicians didn't want "lower class" people carrying firearms of any sort. So, they made it to where LEOs and judges could use their discretion, instead of following a strict, clear, statute.
    Which is fine if you want to trust the judgement of LEO's and judges.

  9. #9
    Moderator / Administrator Grapeshot's Avatar
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    The transportation from one point to another has been answered.

    Long gun carry is off topic for OCDO.


    • (14) LONG GUN CARRY IS OFF-TOPIC: This web site is focused on the right to openly carry properly holstered handguns in daily American life. We do NOT promote the carry of long guns. Long guns are great! OCDO co-founders John & Mike and most of the members of this forum own at least one long gun - but due to urban area issues of muzzle control, lack of trigger guard coverage, and the fact that the long gun carry issue distracts from our main mission to promote the open carry of handguns in daily life, we will leave long gun carry activism in the capable hands of the future founders of web sites about long gun carry. Exception: This rule does NOT apply to discussions about long gun carry in jurisdictions such as California which ban handgun carry and thus require long gun carry as a matter of public policy.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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