Virginian683
Regular Member
imported post
I am not a lawyer and the following does not constitute legal advice. Use at your own risk.
Since VA doesn't have reciprocity with SC, I was pursuing SC law looking for loopholes that would allow carrying a gun (openly or concealed).
(EDIT: Since writing this SC and VA have concluded a reciprocity agreement.)
SC law prohibits carrying a "handgun" in public.
Here is the legal definition of a handgun in South Carolina:
"SECTION 16-23-10. Definitions.
When used in this article:
(1) "Handgun" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges."
"SECTION 16-23-20. Unlawful carrying of handgun" goes on to prohibit carrying of a handgun openly or concealed without a permit.
But if one were to carry, say, a Model 1851 Navy Revolver, that would not be illegal under this statute because the 1851 Navy does not fire fixed cartridges, and is therefore not a handgun.
No, that doesn't make any logical sense...but most gun laws never do -- and in this case it works out to the citizen's advantage.
However, although a cap n' ball revolver is not legally a handgun in SC, it is considered a "weapon" under the following definition:
"SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.
(1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death."
Which section goes on to prohibit carrying a weapon concealed:
"SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.
Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor..."
To be on the safe side we'll ignore the discrepancy between the definition of a pistol as a weapon and the ban on carrying a deadly weapon without defining what "deadly" means. I guess most people would consider a pistol a deadly weapon.
This chapter goes on to prohibit carry of a "weapon" (which as we see, includes pistols) in places that serve alcohol and a number of other places.
But it says nothing against carrying a weapon unconcealed in public generally.
So in general, it would appear as long as your gun does not fire fixed cartridges, you are good to open carry in South Carolina. Heck according to the wording of this statute,("curiosity or collector's item") if your gun is on the ATF's C&R list, an argument can be made that it is not legally a handgun. That would open up A LOT of modern guns for carry (CZ 83s, 1911s, P38s, HI-Powers, etc.)
But what appears certain is that under SC law, guns like the 1851 Navy or 1860 Army or replicas thereof, are explicitly not considered handguns. They might not offer the best firepower on the planet, but anything that throws out a .36 or .44 caliber lead ball is not a joke.
Unfortunately I won't be visiting SC anytime soon but if any brave resident wants to test it, there are the statutes.
All quotes came from: http://www.scstatehouse.net/code/t16c023.htm
I am not a lawyer and the following does not constitute legal advice. Use at your own risk.
Since VA doesn't have reciprocity with SC, I was pursuing SC law looking for loopholes that would allow carrying a gun (openly or concealed).
(EDIT: Since writing this SC and VA have concluded a reciprocity agreement.)
SC law prohibits carrying a "handgun" in public.
Here is the legal definition of a handgun in South Carolina:
"SECTION 16-23-10. Definitions.
When used in this article:
(1) "Handgun" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges."
"SECTION 16-23-20. Unlawful carrying of handgun" goes on to prohibit carrying of a handgun openly or concealed without a permit.
But if one were to carry, say, a Model 1851 Navy Revolver, that would not be illegal under this statute because the 1851 Navy does not fire fixed cartridges, and is therefore not a handgun.
No, that doesn't make any logical sense...but most gun laws never do -- and in this case it works out to the citizen's advantage.
However, although a cap n' ball revolver is not legally a handgun in SC, it is considered a "weapon" under the following definition:
"SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.
(1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death."
Which section goes on to prohibit carrying a weapon concealed:
"SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.
Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor..."
To be on the safe side we'll ignore the discrepancy between the definition of a pistol as a weapon and the ban on carrying a deadly weapon without defining what "deadly" means. I guess most people would consider a pistol a deadly weapon.
This chapter goes on to prohibit carry of a "weapon" (which as we see, includes pistols) in places that serve alcohol and a number of other places.
But it says nothing against carrying a weapon unconcealed in public generally.
So in general, it would appear as long as your gun does not fire fixed cartridges, you are good to open carry in South Carolina. Heck according to the wording of this statute,("curiosity or collector's item") if your gun is on the ATF's C&R list, an argument can be made that it is not legally a handgun. That would open up A LOT of modern guns for carry (CZ 83s, 1911s, P38s, HI-Powers, etc.)
But what appears certain is that under SC law, guns like the 1851 Navy or 1860 Army or replicas thereof, are explicitly not considered handguns. They might not offer the best firepower on the planet, but anything that throws out a .36 or .44 caliber lead ball is not a joke.
Unfortunately I won't be visiting SC anytime soon but if any brave resident wants to test it, there are the statutes.
All quotes came from: http://www.scstatehouse.net/code/t16c023.htm