Senate Passes SC Resturant Carry

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Thread: Senate Passes SC Resturant Carry

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    Distinguished Member Array REVMAN's Avatar
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    Senate Passes SC Resturant Carry

    Well we are one step closer to resturant carry here in SC. Senate voted 33-5 to allow it. Now the House.
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    Don't forget the Governor too. The House and Senate can pass it and he can veto it. Our former Governor did it twice. Over riding a veto is a difficult task to get done, not impossible, but difficult.
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    Ex Member Array Manderinobyebye's Avatar
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    I am glad they will.I think it will pass.I drink very little,but,i should be able to go in a place that serves alcohol.IF,i read it right,part of it said,you couldn't carry in a place that serves alcohol from 12:00 am-5:00 am, but will read the law carefully once it goes thru.I may have misread something..I dont think Gov Haley would veto it,she may but i doubt it.

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    Distinguished Member Array REVMAN's Avatar
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    I certainly dont think Gov Haley will veto it.......everything that I've heard from her has been pro gun. I feel pretty good about it this time around.
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    Member Array beni's Avatar
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    They had to put some really dumb provisions in the bill just to get it to pass the Senate. For example they amended the bill to include a time limit as to when a person can carry in the restaurant. I believe it was from 5 am to midnight. To me that seems dumb.

    They also upped the penalties if somebody were to mistakenly violate the provision to a fine of no more than 3k and no more than 5 years imprisonment (doesn't that make a person ineligible to own firearms per federal law?). And have their permit revoked for five years.

    So if I'm at a restaurant and I end up staying one minute past midnight I can go to jail for 5 years, pay a 3k fine, and lose my permit.

    Our state has elected some really dense people to the state Senate.

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    Oh yes, there are some real morons in public service everywhere, capable of screwing up any legislation. Some truly great people are serving too, but they seem to be the exception. Nothing is ever a sure thing in SC politics, so I am not celebrating yet. I have been advocating for this from the moment I heard of the bills existence. I will be extremely grateful if it passes. Constitutional carry next!

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    Here is the amended bill that was sent to the house as referenced from 2013-2014 Bill 308: Firearms - South Carolina Legislature Online

    TO AMEND SECTION 16-23-465 OF THE 1976 CODE, RELATING TO THE CARRYING OF A CONCEALED WEAPON IN A BUSINESS THAT SELLS ALCOHOL TO BE CONSUMED ON THE PREMISES, TO PERMIT THE POSSESSION OF A WEAPON UNLESS NOTICE OF A PROHIBITION IS PROVIDED BY THE BUSINESS, TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN A BUSINESS BY SOMEONE CARRYING A FIREARM, AND TO REDUCE THE PENALTIES FOR VIOLATIONS.

    Amend Title To Conform

    Be it enacted by the General Assembly of the State of South Carolina:

    SECTION 1. Section 16-23-465 of the 1976 Code is amended to read:

    "Section 16-23-465. (A) In addition to the penalties provided for by Sections 16-11-330, 16-11-620, and 16-23-460, 23-31-220, 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 three 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 for a period of five years.

    (B)(1) This section does not apply to a person carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23 between the hours of 5:00 a.m. and midnight; however, the person shall not consume alcoholic liquor, beer, or wine while carrying the concealable weapon on the business' premises and shall not enter and remain on any portion of the business' premises primarily devoted to the service and consumption of alcoholic liquor, beer, or wine. A person who violates this subitem may be charged with a violation of subsection (A).

    (2) A business owner or person in legal possession or control of a business may prohibit the carrying of concealable weapons into the business by posting a 'NO CONCEALABLE WEAPONS ALLOWED' sign in compliance with Section 23-31-235. A person who carries a concealable weapon into a business with a sign posted in compliance with Section 23-31-235 may be charged with a violation of subsection (A).

    (3) A business owner or person in legal possession or control of a business may request that a person carrying a concealable weapon leave the business' premises, or any portion of the premises, or request that a person carrying a concealable weapon remove the concealable weapon from the business' premises, or any portion of the premises. A person carrying a concealable weapon who refuses to leave a business' premises or portion of the premises when requested or refuses to remove the concealable weapon from a business' premises or portion of the premises when requested may be charged with a violation of subsection (A)."

    SECTION 2. This act takes effect upon approval by the Governor.
    They added the section about not remaining in an area where it is primarily devoted to the service and consumption of alcohol even though they already laid out that people cannot consume. That really says something about our senators as they don't believe that people who went through the trouble of obtaining a CWP know how to act responsibly.

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    If it becomes law, show NC how it's done.
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    Quote Originally Posted by REVMAN View Post
    Well we are one step closer to resturant carry here in SC. Senate voted 33-5 to allow it. Now the House.
    Congrats! I hope it passes without issues!
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    I'm thinking I would have rather had the "Silver Bullet" option that was proposed...

    Can't sit at a bar or bar "area"? You see the clarification already begins? In many cases, the bar Area is first come first served at many of these. And so now I am wondering if I can take advantage of that or not. Its always called "the bar" or "Bar area" and I don't know how it will be considered legally. I imagine one could argue its not "primarily" devoted to the consumption of alcohol but, then again, often the actual Bar itself is not either during dinner hour. Many people eat there at the bar if alone or just a couple. And many eat at those tables in the Bar area but many hang out and drink too. I dunno... A Silver Bullet was more clear.

    I am not as hung up on the Midnight to 5 am restriction. Nothing good ever happens after midnight anyway they say. But... I do play out and do sound for a band. When I do this, I am not in the bar area per say... and I am not drinking... but I am not done until all the equipment is packed up and out of there and its like often 3 am. So if I start setting up at say 6... come back and we start playing at 9... I have to go to my truck at midnight, turn into an unarmed pumpkin and return for the rest of the night. And stay unarmed whole loading on the streets? Yep... I do.

    I think I'm gonna just opt for them Silver Bullets.

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    Senior Member Array tmoore912's Avatar
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    Good luck!

    We had a hard time passing resturant carry in Ga. in 2008, but got it done. When there was no blood in the chicken wings for 2 years, in 2010 we removed the prohibition on consumption.
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    Lets hope the SC house can amend it.

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    I read on another web site that Gov. Haley said she would sign the bill. I know, this is the internet, however it came from a source I consider reliable. Any way you cut it, this is good news. Leaving a restaurant in the late evening can be very dangerous and this bill is only common sense. Even with the amendments it is a step in the right direction.
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    Good for SC! I just wish they would honor more out of state permits.
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    Member Array beni's Avatar
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    Quote Originally Posted by ANGLICO View Post
    Good for SC! I just wish they would honor more out of state permits.
    That is something I would really like to see happen. I really want SC to change from a reciprocity to recognition state. Doing that would benefit SC as well since that would open us up to more states recognizing our permit.

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