October 7th, 2007 03:57 PM
SC CWP questions?
I am going to buy a pistol soon, and want to do the CWP class.... what do they look for to get one besides a background check? and I heard they check for tickets? whats that mean? how about your credit? do they check it? because my sucks really bad... I made some stupid mistakes when I was younger and in the Marines..
October 7th, 2007 05:09 PM
SLED checks a full criminal history. Tickets aren't that important, unless you have something related to weapons violations.
Credit = not checked.
Find a local instructor, and ask them all of your questions, since things may change.
It is an 8 hour class, and takes approx. 90 days to get a CWP. SO be patient.
CONCEALED WEAPON PERMITS
SECTION 23-31-205. Name.
This article may be cited as the "Law Abiding Citizens Self-Defense Act of 1996".
SECTION 23-31-210. Definitions.
As used in this article:
(1) "Resident" means an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders.
(2) "Qualified nonresident" means an individual who owns real property in South Carolina, but who resides in another state.
(3) "Picture identification" means:
(a) a valid South Carolina driver's license, or if the applicant is a qualified nonresident, a valid driver's license issued by the state in which the applicant resides; or
(b) an official photographic identification card issued by the Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State.
(4) "Proof of residence" means a person's current address on the original or certified copy of:
(a) a valid South Carolina driver's license;
(b) an official identification card issued by the Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State;
(c) a voter registration card; or
(d) another document that SLED may determine that fulfills this requirement.
(5) "Proof of training" means an original document or certified copy of the document supplied by an applicant that certifies that he is either:
(a) a person who, within three years before filing an application, has successfully completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. This education course must be a minimum of eight hours and must include, but is not limited to:
(i) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(ii) information on handgun use and safety;
(iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduces the possibility of accidental injury to a child; and
(iv) the actual firing of the handgun in the presence of the instructor;
(b) an instructor certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns;
(c) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns;
(d) an active duty police handgun instructor;
(e) a person who has a SLED-certified or approved competitive handgun shooting classification; or
(f) a member of the active or reserve military, or a member of the National Guard who has had handgun training in the previous three years.
SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item. For purposes of subitems (a) and (b), "proof of training" is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item.
(6) "Concealable weapon" means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.
(7) "Proof of ownership of real property" means a certified current document from the county assessor of the county in which the property is located verifying ownership of the real property. SLED must determine the appropriate document that fulfills this requirement.
SECTION 23-31-215. Issuance of permits.
(A) Notwithstanding any other provision of law, except subject to subsection (B) of this section, SLED must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon to a resident or qualified nonresident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:
(1) a completed application signed by the person;
(2) one current full face color photograph of the person, not smaller than one inch by one inch nor larger than three inches by five inches;
(3) proof of residence or if the person is a qualified nonresident, proof of ownership of real property in this State;
(4) proof of actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;
(5) proof of training;
(6) payment of a fifty-dollar application fee. This fee must be waived for disabled veterans and retired law enforcement officers; and
(7) a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant's fingerprints may not be taken. If all other qualifications are met, the Chief of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
(B) Upon submission of the items required by subsection (A) of this section, SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED must also conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides or if the applicant is a qualified nonresident, where the applicant owns real property in this State. The sheriff within ten working days after notification by SLED, must submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. The failure of the sheriff to submit a recommendation within the ten-day period constitutes a favorable recommendation for the issuance of the permit to the applicant. If the fingerprint review and background check are favorable, SLED must issue the permit.
(C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to defray the training course's operating costs. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial.
(D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.
(E) SLED must make permit application forms available to the public. A permit application form shall require an applicant to supply:
(1) name, including maiden name if applicable;
(2) date and place of birth;
(7) eye and hair color;
(8) current residence address, or if the applicant is a qualified nonresident, current residence address and where the applicant owns real property in this State; and
(9) all residence addresses for the three years preceding the application date.
(F) The permit application form shall require the applicant to certify that:
(1) he is not a person prohibited under state law from possessing a weapon;
(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon;
(3) he is a resident of this State, is military personnel on permanent change of station orders, or is a qualified nonresident; and
(4) all information contained in his application is true and correct to the best of his knowledge.
(G) Medical personnel, law enforcement agencies, organizations offering handgun education courses pursuant to Section 23-31-210(4)(a), and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit; provided, however, a weapons instructor must meet the requirements established in Section 23-31-210(4)(b), (c), (d), (e), or (f) in order to be exempt from liability under this subsection.
(H) A permit application must be submitted in person or by mail to SLED headquarters which shall verify the legibility and accuracy of the required documents.
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October 7th, 2007 05:10 PM
to my knowing they don't check credit
October 7th, 2007 05:11 PM
allright thanks...I should be good to go then:)
October 7th, 2007 06:13 PM
I am pretty sure they don't do any kind of credit check but if you have had more than 5 moving violations in the last five years you may be rejected. Also a DUI in the past 3 is cause for rejection. If you have a specific question call them and ask.
October 7th, 2007 07:03 PM
Make sure you can effectively shoot a handgun before CCH class. The class emphasizes shooting skills.
Signature? What signature.
October 7th, 2007 07:39 PM
Any significant legal issues are checked: i.e. restraining orders and etc. Driving records are checked also: frequency and type within the last 5 years.
What they are trying to find out is if you are a responsible citizen, with good judgement and clean history. A bad driving record in the last 5 years will most likely affect your application and result in denial. Past criminal acts beyond 5 years(including DUI) are considered.
October 7th, 2007 08:13 PM
SLED is sticking its nose into things, such as driving records, that aren't explicitly mentioned in the law as being factors. We need to get SLED and its anti-CWP bureaucrats out of the CWP issuing process, IMO. Until we do, SC isn't truly "shall issue", since SLED is exercising "discretion".
Originally Posted by Hubs
October 7th, 2007 09:18 PM
I haven't seen them abuse that... although I can understand you concern.
They do need to get out of the "Reciprocity agreement business" though. Since they don't seem interested in doing it.
I certainly do see some other states that use Local Authorities doing permits that have real serious problems with their issues. I have not really seen our SLED do a bad job of issuing permits so far. Is there an example I have not heard of?
October 7th, 2007 10:29 PM
My CWP instructor was telling us about one fellow that had a DUI conviction and was wanting to take the class byt worried about wasting his money. He called SLED and they told him that the time would expire in two months. He went on and took the class but wauted the two months to apply and recieved his CWP with no problems.
I agree with their laziness on reciprocity. Of course if SLED wasn't so stubborn about that then HR 3212 wouldn't have a chance of passage.
October 7th, 2007 10:56 PM
I don't want it to devolve to local agencies. Florida uses their Department of Agriculture, I believe. The SC Dept. of Natural Resources should be able to handle the issuance of CWPs, and it would fit a lot more closely with their mission than it does with SLED's--DNR handles fishing/hunting permits, and SLED is concerned with criminals. Which agency seems more capable of handling CWP issuance without bureaucratic bias creeping in?
That, and the law needs to remove all discretion--either you qualify based on the background check and the completion of the idiotic required course, or you don't. No subjectivity should be allowed.
Originally Posted by cphilip
October 9th, 2007 09:17 AM
Any SC folks out there available to answer a quick question? I will be traveling thru SC later this weekend from FL to NC for my brother's wedding. I know my FL concealed permit does not have reciprocity with SC, but is it still alright to have a loaded handgun in the console? (I don't plan to stop and visit, just passing thru) Any links to the appropriate statute would be greatly appreciated.
"...for all who draw the sword will die by the sword." Matthew 26:52
October 9th, 2007 10:18 AM
Yes, carry in the glove box or console is legal. The glove box does not have to be locked. If you don't have either then either the trunk or if a SUV behind the rearmost seat in a latched case. No permit is needed as long as you do this and it can be loaded. Public open carry ir pretty much prohibited in SC with or without a permit so keep it in the glove box or console.
October 10th, 2007 08:54 AM
"...for all who draw the sword will die by the sword." Matthew 26:52
October 10th, 2007 04:00 PM
Unless you have a SC permit, your gun has to be kept in console or glovebox unloaded. Ammo has to be separated, in other console or backseat and etc..
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