SC CWP Question

SC CWP Question

This is a discussion on SC CWP Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Where does it says in SC gun law that a CWP holder can't carry concealed into restaurants that sell alcohol? For example Applebees. I look ...

Page 1 of 2 12 LastLast
Results 1 to 15 of 16

Thread: SC CWP Question

  1. #1
    Member Array foots402's Avatar
    Join Date
    Nov 2009
    Location
    Aiken SC
    Posts
    343

    Question SC CWP Question

    Where does it says in SC gun law that a CWP holder can't carry concealed into restaurants that sell alcohol? For example Applebees. I look but I do not see it?
    SC-CWP
    AZ-CWP
    I rather be safe then sorry.
    It's better to have it when you need it then need it and dont have it.


  2. #2
    VIP Member Array First Sgt's Avatar
    Join Date
    Oct 2008
    Location
    Florence, SC
    Posts
    7,969
    Try looking here:

    http://www.handgunlaw.us/states/southcarolina.pdf

    or try this:

    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.
    Sometimes in life you have to stand your ground. It's a hard lesson to learn and even most adults don't get it, but in the end only I can be responsible for my life. If faced with any type of adversity, only I can overcome it. Waiting for someone else to take responsibility is a long fruitless wait.

  3. #3
    Senior Member Array SCfromNY's Avatar
    Join Date
    Jun 2006
    Location
    South Carolina
    Posts
    1,062
    My favorite subject but I will keep it short. The list of prohibited places on any website including SLED does not show restaurants selling alcohol. The law states "ADDITIONAL PENALTY FOR UNLAWFULLY . . . " If it not restricted how can it be unlawful so it should only apply to non permit holders.

    Unfortunately our current AG reflected on this and said that "in his opinion" it was meant to restrict carry in restaurants selling alcohol. Please keep in mind that this Ag wants to be Governor.
    Registration: A prelude to Confiscation and Anarchy.

  4. #4
    Member Array test drive's Avatar
    Join Date
    Nov 2007
    Location
    SC
    Posts
    57
    I am a SC cwp instructor. SCfromNY is correct.

  5. #5
    VIP Member Array First Sgt's Avatar
    Join Date
    Oct 2008
    Location
    Florence, SC
    Posts
    7,969
    I tend to agree with the previous posts, as we have our CCW and therefore we are lawful to carry a gun. However there has yet to be a test case. I guess you can definitely play the semantics game on this one...I encourage those that wish to play, feel free to be a "test case". I truly understand strong convictions. Feel free to exercise your rights and test those convictions. JMO
    Sometimes in life you have to stand your ground. It's a hard lesson to learn and even most adults don't get it, but in the end only I can be responsible for my life. If faced with any type of adversity, only I can overcome it. Waiting for someone else to take responsibility is a long fruitless wait.

  6. #6
    Distinguished Member Array REVMAN's Avatar
    Join Date
    Mar 2009
    Location
    South Carolina
    Posts
    1,915
    Quote Originally Posted by SCfromNY View Post
    ..........Unfortunately our current AG reflected on this and said that "in his opinion" it was meant to restrict carry in restaurants selling alcohol. Please keep in mind that this Ag wants to be Governor.
    You're right about the Governor race but as for LT. Gov, I have spoke with Bill Connor a number of times and he is 100% Pro-Gun and for openning all locations for CWP holders. He is a proud CWP holder and is very much against the limit of places we can carry. He told me he would do everything he can to work to open up these locations for CWP holders in SC to carry. As he said, "One cc at Virgina Tec probably would have saved many lives".
    Always put Jesus first in your life.
    NRA (Lifetime Member)
    U.S. Navy Vet.

  7. #7
    Member Array tabraha's Avatar
    Join Date
    Jun 2006
    Location
    S.C.
    Posts
    222
    Quote Originally Posted by REVMAN View Post
    You're right about the Governor race but as for LT. Gov, I have spoke with Bill Connor a number of times and he is 100% Pro-Gun and for openning all locations for CWP holders. He is a proud CWP holder and is very much against the limit of places we can carry. He told me he would do everything he can to work to open up these locations for CWP holders in SC to carry. As he said, "One cc at Virgina Tec probably would have saved many lives".
    Glad to hear the "whats what" on where the candidates stand this early on. I hadn't seen much insight on either the AG or LtGv's views on this until this point.
    ______________________
    Tad A.

  8. #8
    Member Array foots402's Avatar
    Join Date
    Nov 2009
    Location
    Aiken SC
    Posts
    343
    Thanks.
    SC-CWP
    AZ-CWP
    I rather be safe then sorry.
    It's better to have it when you need it then need it and dont have it.

  9. #9
    New Member Array DaxE's Avatar
    Join Date
    Sep 2008
    Location
    South Carolina
    Posts
    14
    I have another question along the same lines. A friend of mine who is a CWP holder asked me where in the state law does it state that you can not carry and consume alcohol.

    Well I thought this to be a silly question until I started looking for it and I can not find it. All I see is where it states you can not "Use a Firearm" under the influence, and gives a definition of use as discharging.

    Just a curios question.

  10. #10
    VIP Member Array First Sgt's Avatar
    Join Date
    Oct 2008
    Location
    Florence, SC
    Posts
    7,969
    Under South Carolina Code of Laws Chapter 23-31-400(B), it is unlawful to use a firearm if you are under the influence of alcohol or a controlled substance. Violations are a misdemeanor and may be punished with a fine of up to $2,000 or imprisonment for up to 2 years or both. There is an exception if you are required to use the firearm lawfully in self defense.

    If you are shooting and someone thinks you are drunk, the observers can call the police. If the investigating officer arrives and has a reasonable suspicion that you have been using drugs or drinking too much, you will be given a blood test or urine test or both to determine if you are in fact under the influence. If you refuse to submit to the test, that fact can and will be used against you in the criminal proceeding. However, while the results of any blood or urine test will be used in a criminal prosecution for using the firearms under the influence, the results cannot be used in a criminal prosecution for possession of the controlled substance.

    If you are arrested for using a firearm while under the influence but the arresting officer does not request a blood or urine test, you can request such testing. If you know you have not consumed alcohol or used drugs, it is a good idea to get tested right there. If you do request the testing and the officer refuses to give you the tests, you cannot be prosecuted.

    If used at trial, the results of the blood or urine test used at trial create legal presumptions. If the test reveals that you have .05% or less alcohol in your blood, it is presumed that you were not under the influence of alcohol at the time of the test. If the test reveals that there is greater than .05% but less than .08% alcohol in your blood, no inference is created either way (under or not under the influence). Finally, if the test reveals that you had a .08% or greater alcohol in your blood, a presumption is created that you were under the influence at the time of the test.

    These presumptions are only a starting point. It is still possible to show by other evidence that you were under the influence even though you had .05% or less blood alcohol level. The jury can consider other evidence like slurred speech or stumbling. There are also field sobriety tests which might indicate intoxication. It is also possible to have .08% or greater blood alcohol level and not be found under the influence. A jury decides if you were under the influence or not but you should never put yourself in that position.

    This statute should not cause you to hesitate before using a gun in self defense just because you had been consuming alcohol or were required to use prescription drugs. It is basically designed to prevent the purposeful use of firearms under the influence of alcohol or drugs for reasons other than self defense. There are certainly circumstances that could arise where a person is drinking alcohol or under the influence of controlled substances and is confronted with a deadly threat that requires the defensive use of deadly force.

    The above information is straight out of South Carolina Gun Law by Stephen Fulton Shaw, Esq., Ph.D., James Patrick Kelley, Esq., and Sergeant G. Curtis Moore, Jr....

    My own personal take...I will NOT drink while carrying...PERIOD...JMO
    Last edited by First Sgt; April 24th, 2010 at 12:27 PM.
    Sometimes in life you have to stand your ground. It's a hard lesson to learn and even most adults don't get it, but in the end only I can be responsible for my life. If faced with any type of adversity, only I can overcome it. Waiting for someone else to take responsibility is a long fruitless wait.

  11. #11
    Member Array cinsc's Avatar
    Join Date
    Dec 2009
    Location
    Charleston, SC
    Posts
    209
    "I have spoke with Bill Connor a number of times and he is 100% Pro-Gun"

    Thanks Revman, I'll check him out.

  12. #12
    Member Array Jumper2501's Avatar
    Join Date
    Feb 2009
    Location
    Columbia, SC
    Posts
    434
    Quote Originally Posted by First Sgt View Post
    ...I encourage those that wish to play, feel free to be a "test case". I truly understand strong convictions. Feel free to exercise your rights and test those convictions. JMO
    Yeah, I think a lot of us are waiting for the "test case".
    NRA member
    GrassRoots GunRights SC member
    Walther PPS .40 / KelTec P3AT

  13. #13
    Member Array test drive's Avatar
    Join Date
    Nov 2007
    Location
    SC
    Posts
    57
    first sgt is correct. to cary a firearm while under the influence (not smart)does not break the law, to use it does. to use a firearm by sc def. is to discharge a firearm.

  14. #14
    Member Array n3ss's Avatar
    Join Date
    Dec 2008
    Location
    SC
    Posts
    210
    my SC CWP instructor said not to carry into restaurants etc that sell alcohol. I imagine that a judge's interpretation of the law will override yours/what the law actually says.

  15. #15
    Distinguished Member Array kelcarry's Avatar
    Join Date
    Nov 2009
    Location
    charleston, SC
    Posts
    1,921
    Hey n3ss: Of course your last comment illustrates the idiocy of the wording in the law. As said by test and Sgt. the law should only relate to being under the influence and nothing more. Unfortunately, our esteemed legislatures, at whatever level--state, federal--know what is best for the rest of us--ya know the schmoes who actually live and work and maybe have better brains in their heads and a better sense of responsibility than them.

Page 1 of 2 12 LastLast

Sponsored Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Question from a previous question
    By NCConcealed in forum Defensive Carry Guns
    Replies: 11
    Last Post: July 5th, 2009, 12:15 AM
  2. Application question..question
    By ripntear in forum Concealed Carry Issues & Discussions
    Replies: 13
    Last Post: September 3rd, 2008, 07:23 PM

Search tags for this page

cwp sc test questions
,
cwp test
,

cwp test questions

,
cwp test south carolina
,
sc cwp practice questions
,

sc cwp practice test

,
sc cwp sample questions
,
sc cwp sample test questions
,

sc cwp test

,

sc cwp test questions

,
south carolina cwp test
,

south carolina cwp test questions

Click on a term to search for related topics.