SC right to Carry reform bill introduced! - Page 3

SC right to Carry reform bill introduced!

This is a discussion on SC right to Carry reform bill introduced! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by phreddy SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or ...

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Thread: SC right to Carry reform bill introduced!

  1. #31
    Member Array Mr7point62's Avatar
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    Quote Originally Posted by phreddy View Post
    SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.



    (C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

    SECTION 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs.
    (A) A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.
    Which question where you refrencing?


  2. #32
    Distinguished Member Array phreddy's Avatar
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    Quote Originally Posted by Koontzy View Post
    Which question where you refrencing?


    Mikhail said that SC only has civil immunity in your home. I posted the code that show different.

  3. #33
    Distinguished Member Array tcox4freedom's Avatar
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    Quote Originally Posted by Koontzy View Post
    This one I can answer:) I live in Bamberg, which is Nikki Haley(our new govenors home town), and Me and my father in law are leaders of the SC Tea Party Coalition, which is a group of about 45-50 tea party groups throughout the state.... I have been in constant contact with Nikki personally, and she will sign this bill. If it doesnt make it to her desk, she said she will do something herself to get alot of the CWP laws changed. I have full respect in Haley and believe she is gonna be a awesome govenor for us CWP holders!
    Thanks Koontzy!
    I hadn't heard what the Governor thought.

  4. #34
    Member Array Mikhail's Avatar
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    Does SC have Immunity from Civil Liability laws.....
    Ok if your home gets broken into your good. If you get Carjacked your good. Your store being robbed your good. However, walking to your car or out abroad your not. I'm sorry I did not add the two other category's.

  5. #35
    Senior Member Array beni's Avatar
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    Quote Originally Posted by phreddy View Post
    SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.



    (C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

    SECTION 16-11-450. Immunity from criminal prosecution and civil actions; law enforcement officer exception; costs.
    (A) A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.

    Quote Originally Posted by Mikhail View Post
    Ok if your home gets broken into your good. If you get Carjacked your good. Your store being robbed your good. However, walking to your car or out abroad your not. I'm sorry I did not add the two other category's.
    See the bolded statement above covers somebody walking to their car and being out and about as those activities are not unlawful.

  6. #36
    Member Array Mr7point62's Avatar
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    Quote Originally Posted by Mikhail View Post
    Ok if your home gets broken into your good. If you get Carjacked your good. Your store being robbed your good. However, walking to your car or out abroad your not. I'm sorry I did not add the two other category's.
    As long as you are not in a place unlawfully, it covers you anywhere in the state, whether it is outside walmart, downtown columbia etc.. Also I believe SC has a law saying you can stand in for someone and protect them and not be charged, as long as they are in immediate danger?

  7. #37
    Distinguished Member Array Anubis's Avatar
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    Good to hear about South Carolina possibly recognizing all other CC permits. Recognition of CO permits in SC is the only requirement for CO to recognize SC permits of SC residents, by the way.

    Quote Originally Posted by redbeardsong View Post
    In Georgia, among other states, it's perfectly legal to drink while carrying. Fools will get themselves in trouble.
    Sounds like you may have seen reports of drunken gunfights in Georgia... I think most people who carry concealed weapons are not fools; a fool who likes to carry into a bar and get drunk likely would ignore any laws prohibiting the practice anyway.

    The whole "alcohol and guns don't mix" mantra, to me, is very similar to the arguments heard just before a state goes shall-issue. "Blood will flow in the streets. CCers will kill each other over parking spaces." In Colorado, for instance, carrying under the influence is a crime, but there are no other statutes prohibiting concealed carry in alcohol-serving venues---and I have never seen a report of a drunken CCer shooting up any bar in this state. (No, I have never frequented bars, before or after becoming a carrier of concealed pistols, and I never drink alcohol in public.)

  8. #38
    Member Array Mikhail's Avatar
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    Humm... Well call me a dufus... After reading I will admit I'm wrong but, why didn't the law makers rewrite 16-11-440 to inject 16-11-450? Is this new bill going to make more off shoot sections or make an iron clad doctrine we can fallow. Is this where contacting my local representative comes into play???

  9. #39
    Senior Member Array SCfromNY's Avatar
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    Well I certainly hope for passage but I believe the biggest obstacle will be honoring other states. S.L.E.D. is not fond of states that require no training.

    Now a smaller version of my usual rant. Whoever posted the alcohol provision missed an important word. Between convicted of and carrying there is the word UNLAWFULLY! So nowhere does it mention carry in establishments serving alcohol in the usual list of restrictions. That restriction comes from the codicil that "these restrictions do not incorporate any previous restriction which would still be valid. Therefore if the carrying in an establishment that serves alcohol is NOT initially listed then subsequently you can not be UNLAWFULLY carrying because there is not limit to this on your permit. A few years ago someone made the mistake of asking the Attorney general for his opinion and he said it means "no carry in places seving alcohol" You should not ask questions like that unless you know the answer.
    Registration: A prelude to Confiscation and Anarchy.

  10. #40
    Member Array Sejune's Avatar
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    This bill rocks, and I just emailed my senator to push for support!
    Sejune
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  11. #41
    Distinguished Member Array phreddy's Avatar
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    Quote Originally Posted by SCfromNY View Post
    Well I certainly hope for passage but I believe the biggest obstacle will be honoring other states. S.L.E.D. is not fond of states that require no training.
    Do you think SLED would actually lobby against the bill? I was always under the impression that SLED was only enforcing the current law as written.

  12. #42
    Distinguished Member Array tcox4freedom's Avatar
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    Quote Originally Posted by phreddy View Post
    Do you think SLED would actually lobby against the bill? I was always under the impression that SLED was only enforcing the current law as written.
    That's my understanding too.

    I'm familiar with a couple of the agents that do the background checks on applicants; and they are definitely PRO conceal carry. Although I have heard of the concerns mentioned, I think most SLED agents view some of the requirements as too restrictive.

  13. #43
    Member Array gigamortis's Avatar
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    The past few heads of SLED have been anti-gun. I'm not sure about the current head, though. Just like most other police forces and organizations, the general attitude among the troops is pro-carry.

    The problem is the typical candidate that gets "appointed" to the head spots of these law organizations is statistically anti-carry. Hopefully, some progress gets made to get SC to reciprocate with a lot of other states since Haley is now Governor.

  14. #44
    Member Array sliponby's Avatar
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    Just went to Rep. Pitts web site and sent off email urging the passage of this legislation. I have AL resident and FL non-resdent CCP and neither is honored by S.C. That alone keeps me from visiting and spending my money in places like Charleston (dying to go there) and Myrtle Beach. Appeal to their pocketbooks and results are more likely to go our way.
    "We Dare Defend Our Rights", Alabama State Motto...

  15. #45
    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by phreddy View Post
    Do you think SLED would actually lobby against the bill? I was always under the impression that SLED was only enforcing the current law as written.
    Someone from them was certainly against it last time it came around. It remains to be seen if that remains the situation. But they clearly were vocal against it last time. They won a concession but have failed to really live up to it.

    Lets get something done this year!!!! I am excited.

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