SC CWP Question

[foots402]

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?

[DefensiveCarry.com]

[First Sgt]

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.

[SCfromNY]

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.

[test drive]

I am a SC cwp instructor. SCfromNY is correct.

[First Sgt]

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

[REVMAN]

..........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".

[tabraha]

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.

[foots402]

Thanks.

[DaxE]

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.

[First Sgt]

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

[cinsc]

"I have spoke with Bill Connor a number of times and he is 100% Pro-Gun"

Thanks Revman, I'll check him out.

[Jumper2501]

...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".

[test drive]

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.

[n3ss]

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.

[kelcarry]

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.