South Carolina Law regarding handguns in VEHICLES?

South Carolina Law regarding handguns in VEHICLES?

This is a discussion on South Carolina Law regarding handguns in VEHICLES? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I will be driving from Pennsylvania to Florida this weekend. I have a PA concealed carry permit. I see most states i'm passing through have ...

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Thread: South Carolina Law regarding handguns in VEHICLES?

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    New Member Array TooMuchRum's Avatar
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    South Carolina Law regarding handguns in VEHICLES?

    I will be driving from Pennsylvania to Florida this weekend. I have a PA concealed carry permit. I see most states i'm passing through have reciprocal agreements with PA regarding concealed carry, except South Carolina. Not sure about S.C.'s laws pertaining to guns in vehicles.

    My question is: Even though I will NOT be CC'ing in S.C. (Just driving through), will I get in trouble if stopped for having my gun in my car? The gun is always in my glove box in the car, and IS loaded. I know it's a long shot, but you never know. If I get pulled over by some S.C. State Police officer who loves Obama or is a anti-gun nut, and decides to search my vehicle, can I get in trouble?

    Just curious. Thanks!
    tony1990 likes this.


  2. #2
    Member Array Vtxdpm's Avatar
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    South Carolina Law Enforcement Division

    SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

    It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
    ... (skipped 1 - 8)
    (9) a person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driverís license, registration, or proof of insurance;
    ... (skipped 10 - 16)

  3. #3
    Distinguished Member Array tcox4freedom's Avatar
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    Glove box or console should be fine. I'm not a lawyer. But, you can read up here: http://www.handgunlaw.us/states/southcarolina.pdf

    -

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    Member Array KLR2007's Avatar
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    They're very specific on where it can be but in the glove box will be fine, even if loaded.

    Only thing to add is that SC is a 'Must Inform' state.

    sre

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    New Member Array TooMuchRum's Avatar
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    Quote Originally Posted by KLR2007 View Post
    They're very specific on where it can be but in the glove box will be fine, even if loaded.

    Only thing to add is that SC is a 'Must Inform' state.

    sre
    Great, thanks to all for the info!

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    Member Array Strmwatch's Avatar
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    Quote Originally Posted by TooMuchRum View Post
    I will be driving from Pennsylvania to Florida this weekend. I have a PA concealed carry permit. I see most states i'm passing through have reciprocal agreements with PA regarding concealed carry, except South Carolina. Not sure about S.C.'s laws pertaining to guns in vehicles.

    My question is: Even though I will NOT be CC'ing in S.C. (Just driving through), will I get in trouble if stopped for having my gun in my car? The gun is always in my glove box in the car, and IS loaded. I know it's a long shot, but you never know. If I get pulled over by some S.C. State Police officer who loves Obama or is a anti-gun nut, and decides to search my vehicle, can I get in trouble?

    Just curious. Thanks!

    I sure hope you're bypassing Maryland in your drive down to Florida. If not...stop at the border, unload your firearm, secure it. MD has turned into a SERIOUS "Nazi Germany" state with regards to firearms.

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    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by KLR2007 View Post
    They're very specific on where it can be but in the glove box will be fine, even if loaded.

    Only thing to add is that SC is a 'Must Inform' state.

    sre
    Only for concealed carry with a permit. But it is a good point to make for others to know if they are here and concealed carrying with permit. It appears he will not be doing that. He will simply be transporting. Since he is saying his CWP is not recongized here he will not be concealed carrying and so therefore not required to 'inform". Obviously if stopped and he has to go into his glove box it might be a good idea to inform... but as you can see from above its not a violation to do so. Its not brandishing or some such.

    Keep in mind though that part about "unless specifically prohibited by law" part... that means schools and university's. Where only a Concealed Weapons permit may have them in the car. And so yours is not recognizes so don't visit any University's while your coming through. If you do then leave the gun in the hotel room or something in the lock box.

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    Distinguished Member Array phreddy's Avatar
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    Everybody had covered it well, except do not store your gun under your seat even in a locked container/safe.

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    Distinguished Member Array deadguy's Avatar
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    Quote Originally Posted by phreddy View Post
    Everybody had covered it well, except do not store your gun under your seat even in a locked container/safe.
    Please provide clarification. Although it isn't specifically mentioned in the law, it is a secured form of storage.

  10. #10
    VIP Member Array cphilip's Avatar
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    Although now specifically spelled out Deadguy, I think he is taking it from this part;

    or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle

    the use of the "and" there implies that the only place a "closed container with integral fastener" may be is in the luggage compartment. So really one could say not even in the back seat. Or under the Passenger seat. Or even ON the seat. I guess.... Its almost easy to not notice that "and" in there.

    I commonly carry a 1911 in a locked safe that is cable locked to my under seat braces in my Jeep. I guess I need to remember to notify if I am stopped in that vehicle. Because technically I am concealed carrying then I guess.

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    Distinguished Member Array deadguy's Avatar
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    Need to speak with my state Senator about that little "and".

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    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by deadguy View Post
    Need to speak with my state Senator about that little "and".
    Indeed! Sneaky isn't it?

  13. #13
    Distinguished Member Array phreddy's Avatar
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    Current Code
    SECTION 16-23-10. Definitions.

    10) "Luggage compartment" means the trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term "luggage compartment" refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term "luggage compartment" refers to the area behind, but not under, the rearmost seat. In a truck, the term " luggage compartment" refers to the area behind the rearmost seat, but not under the front seat.

    Pitts bill H3822 Would remove the language referring to seats in the above code and add the underlined section below

    SECTION 3. Section 16-23-20(9)(a) of the 1976 Code, as last amended by Act 28 of 2007, is further amended to read:

    "(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance. If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment; or"

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    Distinguished Member Array phreddy's Avatar
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    Quote Originally Posted by cphilip View Post
    Although now specifically spelled out Deadguy, I think he is taking it from this part;

    or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle

    the use of the "and" there implies that the only place a "closed container with integral fastener" may be is in the luggage compartment. So really one could say not even in the back seat. Or under the Passenger seat. Or even ON the seat. I guess.... Its almost easy to not notice that "and" in there.

    I commonly carry a 1911 in a locked safe that is cable locked to my under seat braces in my Jeep. I guess I need to remember to notify if I am stopped in that vehicle. Because technically I am concealed carrying then I guess.
    From my understanding, under current enforcement you cannot have a gun under your seat with or without a permit. I don't believe the law reads that way, there is a difference listed between type of vehicles. Rep. Pitts wants to clarify what exactly is and isn't allowed.

  15. #15
    VIP Member Array cphilip's Avatar
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    Its sure very Grey I have to admit. And clarifications sure is needed.

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