SC question on informing LEOs.

SC question on informing LEOs.

This is a discussion on SC question on informing LEOs. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; From time to time I like to shoot the bull with cops. Asking things like how has crime been locally, do you like what you ...

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Thread: SC question on informing LEOs.

  1. #1
    Member Array Mikhail's Avatar
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    SC question on informing LEOs.

    From time to time I like to shoot the bull with cops. Asking things like how has crime been locally, do you like what you carry, and such. Most enjoy talking to a person thats not a scumbag. However, now that I have my ccw are the rules changed???


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    VIP Member Array oakchas's Avatar
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    a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver's license from a permit holder.
    I am not a lawyer, I do not play one on TV. I read that to say if he asks you for identification, you have to inform him... but not until he asks for ID.

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    Member Array mrjam2jab's Avatar
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    ID's self as LEO AND requests ID from you.

    So a routine "how's the weather" type conversation does not fall into the Must Inform category

    SECTION 23-31-215

    (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driverís license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.

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    VIP Member Array oakchas's Avatar
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    Quote Originally Posted by mrjam2jab View Post
    ID's self as LEO AND requests ID from you.

    So a routine "how's the weather" type conversation does not fall into the Must Inform category
    I'm assuming since the OP is having conversations with LEO about the weather, cost of donuts, whatever... He already knows they're LEOS... although technically, I suppost the LEO would HAVE to say "I am a LEO (not playing one on TV), may I see some ID?"

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    Member Array Geezer Glide's Avatar
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    If they ask for ID, you are required to notify that you have a CWP, even if you are not carrying at the time.

    As far as BS-ing with a LEO, it's a don't ask, don't tell situation.

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    New Member Array Gamecocks1's Avatar
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    I don't know where y'all are but the occasions for BS-ing with cops are becoming scarce, what with gang initiations occurring in 5 points and all... Couldn't believe there was a drive-by down there while all the "mildly mature" college party animals were out. Kinda reinforces my whole "avoidance" theory. If you're not looking to get into trouble, avoid places with drunks, hoodlums, and gangsters at 3am. 1+1=2.

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    Member Array Jumper2501's Avatar
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    Quote Originally Posted by Geezer Glide View Post
    If they ask for ID, you are required to notify that you have a CWP, even if you are not carrying at the time.
    Maybe it's me, but the statute doesn't read that way.

    (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driverís license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.
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    Member Array mrjam2jab's Avatar
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    Quote Originally Posted by Geezer Glide View Post
    If they ask for ID, you are required to notify that you have a CWP, even if you are not carrying at the time.
    Incorrect.

    SECTION 23-31-215

    (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driverís license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.

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    I didn't stay at a Holiday Inn Express last night, but it's not that difficult of a question. Sounds like if they don't ask, don't tell.
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    Distinguished Member Array REVMAN's Avatar
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    I would say if you are aproached for identity purposes by a LEO then of course you must show but just normal chit chat I'd say no. May want to ask somewhere else though to be sure if you're around LEOs alot.
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    VIP Member Array First Sgt's Avatar
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    Guys, it's really pretty simple...If a LEO asks for your ID, then that means he is asking in an OFFICIAL capacity, and at that time in SC it is MANDATORY to inform when carrying...if you are not carrying, for various and sundry reasons, it ok to even leave your permit at home...If you just speak to, or are spoken to by a LEO ( in the Huddle House, Wally World, etc), that is NOT AN OFFICIAL CAPACITY encounter, he hasn't asked you for ID, therefore you DO NOT have to inform. 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.

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    Member Array Vtxdpm's Avatar
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    According to a book I have on SC Gun Laws ( THE Book on South Carolina Gun Laws ), the posters above are correct in saying that if you aren't carrying, you have no duty to inform.

    Additionally, if you have a firearm in the closed console or closed glovebox of your vehicle (for which a permit is NOT required in SC), you are not "carrying" and have no duty to inform in that situation.

    (If you are specifically asked if you have a firearm in the vehicle, that is a different situation. Of course they advise that you do not lie about it.)

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    Member Array Mikhail's Avatar
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    Thanks for the replys! I think thats it's better to know now them to find out later.

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    VIP Member Array SIGguy229's Avatar
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    Quote Originally Posted by Geezer Glide View Post
    If they ask for ID, you are required to notify that you have a CWP, even if you are not carrying at the time.
    Why? If you're not carrying, you have nothing to disclose?

    Should you tell him you have kitchen knives at home also??

    I still don't know why people think they have to disclose more than what the law says (IF you are in a "must inform LEO" state). It's almost like people want to tell LEOs "I have a gun too!!"...
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    Member Array H8SPVMT's Avatar
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    Quote Originally Posted by SIGguy229 View Post
    Why? If you're not carrying, you have nothing to disclose?

    Should you tell him you have kitchen knives at home also??

    I still don't know why people think they have to disclose more than what the law says (IF you are in a "must inform LEO" state). It's almost like people want to tell LEOs "I have a gun too!!"...
    All too true I believe, especially with new permit holders and wanting to share their secret, I think.

    Casual discussions with LEO's does not require disclosure. Only during an investigation will a LEO ask for ID I believe and that is when you'll have to cough up the CWP and ONLY if you're carrying at the time.

    If you're not carrying and are asked for ID, the CWP can stay put in the wallet here in SC.
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