This is a discussion on SC CC Law question within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I need some clarification I have a SC CWP and was looking at the CCW laws and I know it states the ways to carry ...
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I need some clarification I have a SC CWP and was looking at the CCW laws and I know it states the ways to carry the gun in the car but I was wondering if I could legally have my weapon on me while driving or must I put on when I get to where I am going?
XD .45, Glock 23, SIG 229, Mossberg 590A, M&P 15 Rossi 641, RIA 1911
If You Want To Know The Mind Of A Man Listen To His Words
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It doesn't make sense that you would have to remove it.
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You can have it on or about your person as well as in the console or glove box. You do not have to remove it.
May I respectfully make a suggestion?
Many times individuals may understandably ask questions about carry in another state...seems reasonable to me!
But in your own state, you better become very familiar with all the laws that determine your carry habits...this is your responsibility...not having such knowledge could effect your future ability to CCW.
Find the SC carry laws ons-line and study them carefully.
Stay armed...know your own state CCW laws...stay safe!
"That I cannot do."
"Give this to, uh, Clemenza. I want reliable people, people who aren't going to be carried away. After all we're not murderers in spite of what this undertaker thinks."
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Certified Glock Armorer
NRA Life Member
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In SC there was a difference of interpretation about the method of carry for CWP holders. In SC you can carry in the glove box or console without a permit loaded or unloaded. The Sheriff of one county interpreted the law to mean that if you had a CWP you could no longer carry in the glove box or console and must carry on your person and arrested several people for that. This was in spite of an AG opinion stating that it did not matter.
The SC legislature in order to clear up the question passed a law stating that either way was OK if you have a CWP. I agree totally that you should know the laws of your own state and they should have been covered in the CWP class. However in this case there could be some confusion since even some LEO were confused about it. We also have some states where there is no training and many people are issued permits without their knowing any of the laws and are trying to learn after the are issued their permits.
One should know the laws but if you don't then you need to ask questions.
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I don't know about SC, but there are fine books about gun laws available for many states. In FL, we have one written by an attorney which is used by everyone from firearms instructors to law schools. I know most states also offer, at a bare minimum, a pamphlet on their gun laws (including CCW, etc.) You might call SLED and ask if they have any reading material available.
Worst case, if the law is unclear, contact the SC Attorney General's office (in writing) and ask for their interpretation.
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thanks for the clarification
XD .45, Glock 23, SIG 229, Mossberg 590A, M&P 15 Rossi 641, RIA 1911
If You Want To Know The Mind Of A Man Listen To His Words
Array
In SC, you may carry in your car in the following locations: glovebox, center console, locked container, or cargo area. A CWP gives you the added option of "On body" carry.
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Does not say locked container... it says "a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle." They are not separate things... and it does not mean locked either.Originally Posted by yourbestdefense
You will find the following definition of "Luggage Compartment". This is very import to look at when discussing this as to what they consider the Luggage compartment to be.
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.
The following was edited for brevity and includes only those applicable to this discussion of vehicles and in and out of places in various vehicles
(full version I will provide link at bottom to SLED site where it exists)
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:
(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;
(8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;
(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 driver’s license, registration, or proof of insurance;
(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee’s person and a location specified in item (9);
(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.
(16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.
South Carolina Law Enforcement Division
In addition there is this one other citation that involves moving a handgun around from car to glove box to room etc that is important to know... not just for CWP people but any person (as is some above)
SECTION 23-31-230. Carrying concealed weapons between automobile and accommodation.
Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
I agree wholeheartedly. I ,also, think if a question is asked about SC as in this case, it does no good to post what the rules are for another state.
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No one did...
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