south carolina carry

[Guest looneeetunes]

hi guys and gals.. since summer hit i have been super busy (four kids keeping me runnin) and havent posted any, i have popped in from time to time, but thats about it.

i have a question, i ran a quick search but didnt find what i wanted. i am looking for state laws on concealed carry in south carolina. we are going to the beach in a couple of weeks. i found the state laws for north carolina, only part i was unclear on in north carolina was, is it an open, or concealed state. i will carry concealed but if the wind blows my shirt up will i still be legal?

on south carolina all i found was penalties for possesion without a permit ect. really main topics i want are prohibited places, open carry states or not. and also i dont know if it is urban legend or not (lol) but i have heard in south carolina you must wear your permit openly on your person. the rest of the laws will make good bed time reading also .

thanks in advance

[Pokey]

http://www.tngunowners.com/forums/showthread.php?t=8040

I hope this helps...Boomhower just did some MAJOR research on this issue...you probably could PM him if you needed some more info...

[Fallguy]

As I believed I mentioned in the above referenced thread... Handgunlaw.us is always a good site to check when traveling out of state.

[Guest GLOCKGUY]

As I believed I mentioned in the above referenced thread... Handgunlaw.us is always a good site to check when traveling out of state.

this is the link i use any time i go out of state and dont no the state im going to hand gun carry laws

[Guest nraforlife]

Isn't this some BS, got to check the laws of each frickin State to make sure you don't end up in trouble. Should be universal like traffic lights - red is stop, green is go and yellow is caution except in TN where it means floor it.

[Curiousgb]

I believe that would be an unintentional revealing of your weapon. And If I remember correct it is not illegal. But you don't want to bring that kind of scrutiny to yourself. Especially on the Beach. Lots of stupid people could cause you problems.

In SC you can have you weapon in your glove box or console loaded whether or not you have a permit.

[Guest Boomhower]

Here is what all I ran into....Hope this helps....and please read everything and determine for yourself. I may be wrong on a few things.

All of my comments will be in red and all of the state of SC’s laws will be in blue

Highlights

• SC does honor TN handgun permits
  
• SC is a concealed carry only state http://opencarry.org/images/opencarrymap.png
  
• You must notify an officer that you are licensed and armed if confronted.
  
• Can not carry in places that serve alcoholic beverages (just like TN).
  
• No carry onto any school property or publicly owned buildings (this is punishable by a felony charge).
  
• I don’t find anything that says you can not carry on the beach.
  

Here are all the place you “are not†allowed to carry by law…….

SECTION 23-31-215. Issuance of permits.

(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

(1) police, sheriff, or highway patrol station or any other law enforcement office or facility;

(2) detention facility, prison, or jail or any other correctional facility or office;

(3) courthouse or courtroom;

(4) polling place on election days;

(5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

(6) school or college athletic event not related to firearms;

(7) daycare facility or pre-school facility;

(8) place where the carrying of firearms is prohibited by federal law;

(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or

(10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.

A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.

I wonder what the resort’s rules are on the possession of firearms on their property? I’ll see if I can’t find out.

SECTION 23-31-225. Carrying concealed weapons into residences or dwellings.

No person who holds a permit issued pursuant to Article 4, Chapter 31, Title 23 may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

This would seem to be referring to vacationers.

SECTION 23-31-230. Carrying concealed weapons between automobile and accommodation.

Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.

Just like here in TN, per state laws, if a business is not properly posted…….

SECTION 23-31-235. Sign requirements.

(A) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.

( All signs must be posted at each entrance into a building where a concealable weapon permit holder is prohibited from carrying a concealable weapon and must be:

(1) clearly visible from outside the building;

(2) eight inches wide by twelve inches tall in size;

(3) contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black one-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

(4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty-five degree angle from the horizontal;

(5) a diameter of a circle; and

(6) placed not less than forty inches and not more than sixty inches from the bottom of the building's entrance door.

© If the premises where concealable weapons are prohibited does not have doors, then the signs contained in subsection (A) must be:

(1) thirty-six inches wide by forty-eight inches tall in size;

(2) contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black three- inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

(3) contain a black silhouette of a handgun inside a circle thirty-four inches in diameter with a diagonal line that is two inches wide and runs from the lower left to the upper right at a forty-five degree angle from the horizontal and must be a diameter of a circle whose circumference is two inches wide;

(4) placed not less than forty inches and not more than ninety-six inches above the ground;

(5) posted in sufficient quantities to be clearly visible from any point of entry onto the premises.

In the sections listed below, you can not discharge your firearm while drinking and you can not carry into an establishment that serves alcohol for on site consumption.

http://opencarry.org/images/restaurantcarrymap.png

SECTION 23-31-400. Definitions; unlawful use of firearm; violations.

(A) As used in this article:

(1) "Use a firearm" means to discharge a firearm.

(2) "Serious bodily injury" means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

( It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.

© A person who violates the provisions of subsection ( is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.

(D) This article does not apply to persons lawfully defending themselves or their property.

SECTION 23-31-410. Blood and urine testing.

(A) A person who uses a firearm within this State shall submit to a SLED-approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.

( If the arresting officer does not request a breath or urine test of the person arrested for an offense allegedly committed while the person was using a firearm while under the influence of alcohol or a controlled substance, the person may request the arresting officer to have a breath test made to determine the alcohol content of the person's blood or a urine test for the purpose of determining the presence of a controlled substance. The failure of the person who requests a breath or urine test to actually be so tested shall bar the prosecution of the person for using a firearm while under the influence of alcohol or a controlled substance.

© The provisions of Section 56-5-2950 relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of test information to the individual or the individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section.

(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a controlled substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(E) Information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for this information.

SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on-premises consumption.

In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.

In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked.

Sources:

• Title 16 – Chapter 23 - Article 1: Handguns http://www.scstatehouse.net/code/t16c023.htm
  

• Title 16 – Chapter 23 - Article 5: Miscellaneous Offenses http://www.scstatehouse.net/code/t16c023.htm
  

• http://www.handgunlaw.us/documents/USOffLimitsN-W.pdf
  

• http://www.handgunlaw.us/
  

• http://www.sled.sc.gov/SCStateGunLaws1.aspx?MenuID=CWP#6
  

[Guest looneeetunes]

thanks everyone and boom that was great. i found this site very helpful for north carolina. http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

[Fivestring63]

Interesting, I was looking through Handgunlaw.us and noticed South Carolina DOES NOT honor Georgia and Florida permits and vice versa. I would be interested to know the reason.

[Fallguy]

Interesting, I was looking through Handgunlaw.us and noticed South Carolina DOES NOT honor Georgia and Florida permits and vice versa. I would be interested to know the reason.

You may could write/e-mail the issuing authority in each state and ask why. I e-mailed the Attorney General's office in Washington and asked why the didn't honor TN permits and got a letter back from the explaining why. I can't remember know but it has something to do with the mental history requirements (or lack of proof) in TN.

[Sean]

thanks everyone and boom that was great. i found this site very helpful for north carolina. http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

Nice, Ive been lookin for more info.