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Has anyone carried antique handguns openly in South Carolina? It is legal.

ccwinstructor

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While researching the history of the ban on open carry in South Carolina, (it appears to have been enacted in 1962) it became clear the open or concealed carry of antique or curio handguns, loaded, would generally be legal in the state.

Has anyone attempted to do this or actually done it?

There are many antique or collectible handguns which are perfectly usable for self defense. Consider the French 1873 11 mm or the Webley revolvers pre-1898, or the Colt single-actions. Presumably all the pistols on the curio and relic list, as well as all antiques under federal law, and all pistols which can be shown to be "collectors items" would be exempt. The law reads thus:
South Carolina code Section 16-23-10 definitions


(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.

The ATF curio and relic list would seem to meet the "generally recognized" requirement. Here are a few handguns on the curio and relic list:
System Colt Model 1927, Astra 400 model 1921, some Browning High Power pistols, many commemorative model pistols, Colt Officers Model .38, 1904-1930, all CZ-52 pistols. All CZ 50 pistols, all P-38 pistols made before 1947. Commemorative H&R model 999. Most High Standard competition target pistols, including the Model B. Russian and East German 9mm Makarov pistols. All Polish Model 64 pistols in 9x18. Many Ruger single actions. All Russian Nagant manufactured by the Tula Arsenal.
All Savage Model 1907, 1915, and 1917 pistols. Many Smith & Wesson models of specific types.

I am surprised no one has organized an open carry of antiques march in South Carolina, to show the stupidity of the law.

I live in Arizona, so it is a bit out of my way.
 

solus

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A search of SC statutes...I am unable to find any statutory prohibition of OPEN CARRY of firearms>

per: https://www.scstatehouse.gov/code/t... must,constables commissioned by the Governor.

Title 16 - Crimes and Offenses
CHAPTER 23
Offenses Involving Weapons
ARTICLE 1
Handguns
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.

ARTICLE 3
Machine Guns, Sawed-off Shotguns and Rifles
SECTION 16-23-210. Definitions.
When used in this article:

(f) "Antique firearm" means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

SECTION 23-31-1050. Definitions for Sections 23-31-1030 and 23-31-1040.
As used in Section 23-31-1030 and Section 23-31-1040:

(2) "Antique firearm" means:
(a) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; and
(b) a replica of a firearm described in subitem (a) if such replica:
(i) is not designed or redesigned for using rimfire or conventional centerfire-fixed ammunition; or
(ii) uses rimfire or conventional centerfire-fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
 

solus

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COLUMBIA, S.C. — The South Carolina House has given key approval to a bill allowing gun owners to openly carry a firearm without a permit.

The Constitutional Carry Act of 2021 passed 69 to 47 Wednesday.

Bill cited here:
 

ccwinstructor

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SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

------------------------------------------
There are numerous exceptions to the general ban on the carry of handguns, concealed or not (open carry).
 

Doug_Nightmare

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While researching the history of the ban on open carry in South Carolina, (it appears to have been enacted in 1962) it became clear the open or concealed carry of antique or curio handguns, loaded, would generally be legal in the state.

I am surprised no one has organized an open carry of antiques march in South Carolina, to show the stupidity of the law.
October 24, 2020:

GRASSROOTS GUNRIGHTS SC IS RESTARTING AFTER 9 YEAR HIATUS

Mark and Patty McCloskey tell Why we NEED GrassRoots SC Now!

What GrassRoots was in the past we can be again, with the help of concerned gun owners in SC.
October 24, 2020:

VOLUNTEERS NEEDED​

To get GrassRoots going again, we need people to help ...

Contact GrassRoots

http://scfirearms.org/. pres@scfirearms.org

The history. If one will read through the archived issues of The Defender, one may find the reason for the hiatus and my personal animus for the NRA.


I don’t know if this list of officers is still effective. Ed Kelleher was a wonderful charismatic leader. Rob Butler I count as good friend.

 
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solus

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October 24, 2020:

GRASSROOTS GUNRIGHTS SC IS RESTARTING AFTER 9 YEAR HIATUS

Mark and Patty McCloskey tell Why we NEED GrassRoots SC Now!

What GrassRoots was in the past we can be again, with the help of concerned gun owners in SC.
October 24, 2020:

VOLUNTEERS NEEDED​

To get GrassRoots going again, we need people to help ...

Contact GrassRoots

http://scfirearms.org/. pres@scfirearms.org

The history. If one will read through the archived issues of The Defender, one may find the reason for the hiatus and my personal animus for the NRA.


I don’t know if this list of officers is still effective. Ed Kelleher was a wonderful charismatic leader. Rob Butler I count as good friend.

1. Ah a propaganda video from the nefarious St. Louis MO couple w/no public commentary, has absolutely no connection whatsoever w/any grassroots needed organization!

2. Your blast from the past showing the SC gov signing the touted and highly sought after CONCEAL CARRY legislation show the good SC citizens were improperly led down the red brick road by special interest grassroots entities without any perspective of alternatives to SD carry for the State's citizens!

3. Review scfirearms.org website...please tell the august ocdo membership dougie what are their organizational OPEN CARRY Goals/Aspirations AND how they intend to facilitate any of these real/perceived OC issues for the good citizens of SC?

finally...no website activity whatsoever...i mean really even the site's copy right is outdated!

bottom line...still, per janet jackson's infamous song...what have they done for the citizenry lately?
 

Doug_Nightmare

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How did SC get the authority to regulate open carry when their constitution denies them that authority?
Apparently the South Carolina Constitution Annotated is no longer publicly available. As I recall, Article I Section 26 was annotated to the effect that the infringements had met all constitutional challenges and were not infringements. It has been years since I studied to help write the 1996 Law Abiding Citizens Self-Defense Act. One must trace the history of acts to understand them. In SC special interest groups write the proposed statutes / bills.
 

color of law

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§ 20. Right to keep and bear arms; armies; military power subordinate to civil authority; how soldiers quartered.
A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. As, in times of peace, armies are dangerous to liberty, they shall not be maintained without the consent of the General Assembly. The military power of the State shall always be held in subordination to the civil authority and be governed by it. No soldier shall in time of peace be quartered in any house without the consent of the owner nor in time of war but in the manner prescribed by law. (1970 (56) 2684; 1971 (57) 315.)

Editor's Note The present provisions of this section are identical to former § 26 of Article I as it existed prior to the 1971 revision. For similar provisions in Constitution of 1868, see Const 1868, Art I, §§ 28, 29.
Const 1868, Art I, § 28th. Every citizen has a right ta keep and bear arms in defence (sic) of himself and the State, and this right shall never be questioned.

Different wording, but having the same meaning.
 
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solus

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Apparently the South Carolina Constitution Annotated is no longer publicly available. As I recall, Article I Section 26 was annotated to the effect that the infringements had met all constitutional challenges and were not infringements. It has been years since I studied to help write the 1996 Law Abiding Citizens Self-Defense Act. One must trace the history of acts to understand them. In SC special interest groups write the proposed statutes / bills.
Dougie, that premise has worked so well in other states ~ NOT!

and yet you bemoan the inactivity of SC grassroots organization...

CCW Instructor...see you need to raise Lazarus to get the special interest going so they can further inhibit the SC citizen's firearm right(s)...
 

solus

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That “premise” got South Carolina its first legal regular gun carry in our 1996 Law Abiding Citizens Self-Defense Act. And I bemoan nothing except your stupidity, Dog Boy.
roflmao...

ya like TX's open carry fiasco where Lonestar citizens have to have a CPL to open carry as well allow TX LE's to demand ID from the OC'g TX citizen!

oh and dougie your self-proclaimed exemplary assistance pushed the mentality of overseer Licensing for SC citizens to only conceal carry!
 

Griz

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That “premise” got South Carolina its first legal regular gun carry in our 1996 Law Abiding Citizens Self-Defense Act. And I bemoan nothing except your stupidity, Dog Boy.
is there a story, reader digest version would be appreciated, how you got your own personal stalker on this site?
 

solus

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Doug Huffman

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Yeah, but it is too long to tell.
Griz, et al, per his own admissions above...
dougie, or franky, or other aliases, by his own self proclamation, has hobnob'd with or is friends with or communicates with illustrious famous and with the infamous citizens; as well as claims he has pushed critical firearm policy in various regions - - all without collaboration.

prime example, even in this thread dougie brags "It has been years since I studied to help write the 1996 Law Abiding Citizens Self-Defense Act." He help wrote?

he [and his aliases] were banned off the site as he bragged [threatened numerous times] to moderators they wouldn't be able to keep him off the site.

Doug Huffman's latest attack on OCDO


dougie was allowed back on but it seems his new member name & material allegedly completely and unexpectedly disappeared from the site similar to the infamous gutshot who was re-born as gutshot II [who signs in to visit the site almost daily]

finally, dougie's postings are posted without context or scrambled hyperbole of unknown meaning or completely misleading and inaccurate, - - prime example in this thread regarding SC grassroots org is resurrected--website doesn't reflect this fact so when it is pointed out dougie references yet another SC advocate site which appears is even more a scam then SC grassroots...
 
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Griz

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Doug, Solus, thanks for your input.

I've learned vast amounts of information from this website, and tried to contribute in my limited way. Shouldn't be surprised when points of contention arise, but hate to see it detract from such excellent content.

My apologies for the thread's sidebar.
 
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