Car carry in SC and "must inform"

This is a discussion on Car carry in SC and "must inform" within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Any LEOs from SC out there ? The way SC law reads, the law applies to "permit holders". So here's my question: I do not ...

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Thread: Car carry in SC and "must inform"

  1. #1
    Member Array merlin82plus's Avatar
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    Car carry in SC and "must inform"

    Any LEOs from SC out there ?
    The way SC law reads, the law applies to "permit holders". So here's my question: I do not hold an SC carry permit, but I have a loaded handgun in the console of my vehicle. This is legal in SC. I get pulled over while traveling through. Does SC law REQUIRE me to inform the officer ? (Let's set aside the fact that it might be wise to do so... I want to know if it's REQUIRED by the law) The SC law is copied below:
    Section 23-31-215. Issuance of Permits.
    (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 driver’s 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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    Senior Member Array dV8r's Avatar
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    Not from SC, but the "must inform" referrs to informing of the CPL not a gun.
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    Senior Member Array WoodLark's Avatar
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    If the officer asks, "do you have any weapons in the vehicle"`, then I believe you are required to answer truthfully. If he/she does not ask, I don't believe you are obligated to volunteer the information.
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    Member Array Martial Archer's Avatar
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    Quote Originally Posted by WoodLark View Post
    If the officer asks, "do you have any weapons in the vehicle"`, then I believe you are required to answer truthfully. If he/she does not ask, I don't believe you are obligated to volunteer the information.
    To the best of my understanding, this is the correct answer.
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    VIP Member Array tkruf's Avatar
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    Both of the Carolina's are "Must Inform" states. If pulled over in a traffic stop "and you are carrying", you must inform the office (without him even asking) that you have a permit and that you are carrying.
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    Member Array mandalitten's Avatar
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    Quote Originally Posted by tkruf View Post
    Both of the Carolina's are "Must Inform" states. If pulled over in a traffic stop "and you are carrying", you must inform the office (without him even asking) that you have a permit and that you are carrying.
    He doesn't have a permit, but he can still carry the firearm legally in his vehicle. The statute he is referring to at the AP only refers to permit holders. It sounds like your vehicle is an extension to your home in SC since you don't need a permit while you are in your vehicle. There might be other statutes that requires you to inform the officer that you are carrying
    You will have to look up the statutes to what you are required to answer if he asks you if you have a gun with you. My guess is that if there is no probable cause that a crime has been committed, you do not have to answer, but again this is something you need to check up on. In RI they are only required to ask for license and registration, but I don't know what the rest of the states require. If you say No when you actually have a firearm with you you could probably be charged with something.
    If you should get pulled over and asked that question, or any other question, I would ask him if you are required by law to answer.

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    Member Array jp3276's Avatar
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    If the gun is not on you you do not have to inform. By the SC statute the firearm has to be in a container that closes with an integral fastener, i.e. glove box, center console, etc. If he does not ask you do not have to inform. Before I got my SC CWP i kept my firearm in the glove box and my registration and insurance card on the visor. That way if I got pulled over it was easier for everyone. I did not have to go through all the drama of letting an officer know that I had a firearm sitting on top of my insurance and registration.
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    Member Array test drive's Avatar
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    Quote Originally Posted by jp3276 View Post
    If the gun is not on you you do not have to inform. By the SC statute the firearm has to be in a container that closes with an integral fastener, i.e. glove box, center console, etc. If he does not ask you do not have to inform. Before I got my SC CWP i kept my firearm in the glove box and my registration and insurance card on the visor. That way if I got pulled over it was easier for everyone. I did not have to go through all the drama of letting an officer know that I had a firearm sitting on top of my insurance and registration.
    I am a S.C. CWP instructor. the above info is correct. remember, gun can be loaded and the compartment must close but does not have to be locked.

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    VIP Member Array rammerjammer's Avatar
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    I would inform an officer in any state regardless of state statute. Its a courtesy I believe an officer should be given.

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    Distinguished Member Array tcox4freedom's Avatar
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    Quote Originally Posted by tkruf View Post
    Both of the Carolina's are "Must Inform" states. If pulled over in a traffic stop "and you are carrying", you must inform the office (without him even asking) that you have a permit and that you are carrying.
    WRONG!

    You do NOT have to inform in SC unless asked for id. Then if you are a CWP holder, you must give them your permit and tell them you are armed. (Only "IF" you are CC'ing)

    If your firearm is locked up and stowed away in a legal manner, or you are NOT CC'ing, you are NOT required by law to inform. (UNLESS, the LEO asks if there are any weapons in the car.)

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    Member Array foots402's Avatar
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    Quote Originally Posted by merlin82plus View Post
    Any LEOs from SC out there ?
    The way SC law reads, the law applies to "permit holders". So here's my question: I do not hold an SC carry permit, but I have a loaded handgun in the console of my vehicle. This is legal in SC. I get pulled over while traveling through. Does SC law REQUIRE me to inform the officer ? (Let's set aside the fact that it might be wise to do so... I want to know if it's REQUIRED by the law) The SC law is copied below:
    Section 23-31-215. Issuance of Permits.
    (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 driver’s 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.
    The answer is no! But if you get stop an your information is in the same place where you have your gun then yes or if they ask. Be wise always let any law inforcement know that you have a gun in the vehicle.
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    Distinguished Member Array 4my son's Avatar
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    Quote Originally Posted by rammerjammer View Post
    I would inform an officer in any state regardless of state statute. Its a courtesy I believe an officer should be given.
    +1
    Here in VA, if an officer runs my license, he is alerted to my status as a CCW holder. I feel it's courtesy and also shows that I'm not trying to hide anything.

    I have had three interactions with LEO, all went well, two took my gun and gave it back when all was done, and the third didn't take it, but asked in a pleasant manner, "what ya carrying?". All three thanked me for being upfront. One still wrote me a ticket though.

    Just my $.02

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    Distinguished Member Array kelcarry's Avatar
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    I think we all agree on requirements of CCWP holders. You must inform, period, end of story. I think there have been some knowledgeable replies that indicate if you are not CCWP , you must have loaded or unloaded firearm in a closed compartment in car and do not have to inform unless specifically asked by LEO (which should not even come up unless you really are suspected of more than a traffic light etal). IMO, if I were not a CCWP holder and had a firearm in my car, I would inform, even though I am not required. I agree wholeheartedly with rammer, common courtesy and nothing to do with constitution.

  15. #14
    Member Array Vtxdpm's Avatar
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    SC code quoted in an earlier post "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 driver’s license from a permit holder." (emphasis mine).

    As others have mentioned (if you are not prohibited by state or federal law from possessing a weapon), carrying in the glove-box or console is fine and you do not need to inform.

    Even further, a CWP holder who has his firearm in the glove-box or console is not carrying "...pursuant to Article 4 of Chapter 31 of Title 23" and therefore he also does not have to inform.

    Duty to inform only applies "when carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23".

    That being said, I have informed under both circumstances and have had great interactions and firearm discussions with SC officers. I'm sure there are some bad apples, but for the most part these officers love living in a "Free State" just as much as we do and want it to stay this way.

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