S.C. Restaurant Carry Question

This is a discussion on S.C. Restaurant Carry Question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; So I know (pending current legislation efforts) concealed carry in a restaurant that serves alcohol is prohibited. My question is, I own a pest control ...

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Thread: S.C. Restaurant Carry Question

  1. #1
    New Member Array spottailfisher's Avatar
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    S.C. Restaurant Carry Question

    So I know (pending current legislation efforts) concealed carry in a restaurant that serves alcohol is prohibited. My question is, I own a pest control company and want to know if its legal to carry into one of these restaurants when I am performing my job and the establishment is not open for business? I have many places like this that I treat and the staff is cleaning, preparing, etc and not serving anyone food or drinks and the doors are locked until they open to the public. Thoughts?

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  3. #2
    Distinguished Member Array Exacto's Avatar
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    If the law as written does not have these exceptions written into it, I would say no. The law is very technical and will be interpreted exactly the way it is written.
    Let your plans be dark and impenetrable as night, and when you move, fall like a thunder bolt...... Sun Tzu.

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    Member Array jblitz's Avatar
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    Interesting question and one I would like to know the answer to as well. Probably would be best to get an answer from a lawyer rather than the internet.

    On another note, welcome to the forum from another that loves fishing for spot tails

    The gun must be for the really big pests...
    I Shoot Birds With A Canon.

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    Member Array drblitch's Avatar
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    There is a bill in the Senate that failed to pass today that would allow carry in restaurants but will have to wait until Jan 2014 as this session ended today without the passage of S308.

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    Member Array jblitz's Avatar
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    Quote Originally Posted by drblitch View Post
    There is a bill in the Senate that failed to pass today that would allow carry in restaurants but will have to wait until Jan 2014 as this session ended today without the passage of S308.
    Hopefully there will be time to vote some of those clowns out of office before the next vote or at least send a stern warning...
    I Shoot Birds With A Canon.

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    Member Array SiVisPacem's Avatar
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    That session yesterday was an absolute farce.
    blitzburgh likes this.

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    Member Array Warrior23's Avatar
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    Here is the section from SLED's website on state gun laws.

    "SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on premises consumption.

    In addition to the penalties provided for by Sections 16 11 330 and 16 23 460 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 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."

    It doesn't specify any exemptions so I would say you can't legally carry into those places even if they are closed and not selling alcohol.

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    Member Array Warrior23's Avatar
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    Bummer on the Senate not passing the bill. I thought it has already passed and was waiting for the Governor's signature. I guess we have to wait another year.

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    Senior Member Array SCfromNY's Avatar
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    On another forum there was a minute by minute update on this bill. It is hard to comprehend that there are so many really dumb people in office. I believe there are antis that used time consuming discussions and admendment proposals to effectively kill the bill so they and their like thinkers would not have to vote no.
    Registration: A prelude to Confiscation and Anarchy.

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    VIP Member Array First Sgt's Avatar
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    To the OP's question, the answer is an emphatic "NO"...

    In response to the discussion on the SC Bill, the Democrats effectively blocked the vote because they were upset that an amendment to the bill, that would have prevented CC from Midnight forward, was not included.
    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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    Based on the current interpretation of the law, no. There are no exceptions.

    There are quite a few people who believe that the ban is unenforcable. Due to the way the law was written, there is no prohibition of carrying concealed in a place that seves alcohol on premises. The law merely adds penalties if you break other sections of the law (16 11 330 and 16 23 460 ).
    SECTION 16-11-330. Robbery and attempted robbery while armed with deadly weapon.

    (A) A person who commits robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned for a mandatory minimum term of not less than ten years or more than thirty years, no part of which may be suspended or probation granted. A person convicted under this subsection is not eligible for parole until the person has served at least seven years of the sentence.

    (B) A person who commits attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, or while alleging, either by action or words, he was armed while using a representation of a deadly weapon or any object which a person present during the commission of the robbery reasonably believed to be a deadly weapon, is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.
    SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.

    (A) A person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality, the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days.

    (B) The provisions of this section do not apply to:

    (1) A person carrying a concealed weapon upon his own premises or pursuant to and in compliance with Article 4, Chapter 31 of Title 23; or

    (2) peace officers in the actual discharge of their duties.

    (C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a crime
    I tend to believe that agrument. However, Charlie Condon, when he was attorney general, issued an opinion that it was indeed illegal to carry concealed in such an establishment. We have not had a decent test case and I do not intend to be one.

  13. #12
    Distinguished Member Array GlassWolf's Avatar
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    The clock ran out on S308 restaurant carry for this year's congressional term. This is a two year term, and S308 will be picked up again in January for further debate.
    I am free because I know that I alone am morally responsible for everything I do. I am free, no matter what rules surround me. If I find them tolerable, I tolerate them; if I find them too obnoxious, I break them. I am free because I know that I alone am morally responsible for everything I do.

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    Here is a very good legal analysis of the topic:

    Report SELF-DEFENSE AT NICE RESTAURANTS

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