Concealed Carry in South Carolina Questions ????

This is a discussion on Concealed Carry in South Carolina Questions ???? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; If things go as plan, my daughter will start bootcamp in June and finish in August. With My wife's fear to fly, I might drive ...

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Thread: Concealed Carry in South Carolina Questions ????

  1. #1
    Senior Member Array mi2az's Avatar
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    Concealed Carry in South Carolina Questions ????

    If things go as plan, my daughter will start bootcamp in June and finish in August. With My wife's fear to fly, I might drive there from AZ.

    Is there anything I may need to be concern about CCW'ing
    in SC ?

    MY CCW in AZ is valid in SC. Are establishments that server alcohol off limits in CCW'ing ?

    I am sure Fort Jackson is off limits as well, am I correct on this ?
    "When the people fear the government you have tyranny...when the government fears the people you have liberty."

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  3. #2
    Senior Member Array XD in SC's Avatar
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    Quote Originally Posted by mi2az View Post
    If things go as plan, my daughter will start bootcamp in June and finish in August. With My wife's fear to fly, I might drive there from AZ.

    Is there anything I may need to be concern about CCW'ing
    in SC ?

    MY CCW in AZ is valid in SC. Are establishments that server alcohol off limits in CCW'ing ?

    I am sure Fort Jackson is off limits as well, am I correct on this ?
    Concerns, no...... if you follow the law there, you should be good here

    http://www.sled.sc.gov/SCStateGunLaw...x?MenuID=CWP#6


    Yes and yes
    Sean
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  4. #3
    Member Array Martial Archer's Avatar
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    Yes, CCW is prohibited in establishments serving alcohol.

    Here is a link to everything you need to know:

    South Carolina Law Enforcement Division
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    Member Array drs1457's Avatar
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    No open carry in SC either

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    Senior Member Array SCfromNY's Avatar
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    I do not want to drag this discussion out again but . . . There is an ongoing argrument about carry in a restaurant selling alcohol for consumption in SC. Go to the SLED website and try to find within the CWP rules the forbidden places to carry:

    (M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:
    (1) police, sheriff, or highway patrol station or any other law enforcement office or facility;
    (2) detention facility, prison, or jail or any other correctional facility or office;
    (3) courthouse or courtroom;
    (4) polling place on election days;
    (5) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
    (6) school or college athletic event not related to firearms;
    (7) daycare facility or pre-school facility;
    (8) place where the carrying of firearms is prohibited by federal law;
    (9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or
    (10) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.

    See anything about restaurants?

    There is a statute refering to a penalty for having a handgun in a restaurant selling alcohol during the commission of a crime. The most popular CWP class, filled 3X a week, teaches that it is OK but to stay out of real bars. The newest local county LEO has said the academy teaches that it is OK. Grassroots South Carolina has stopped their attempt to legislate this since according to their reading it is not needed.

    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. NOTICE the "UNLAWFULLY"

    All that said, should I be wrong my wife will post our address for donations to my legal fund.

    As a visitor I would not challange this.
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    Senior Member Array XD in SC's Avatar
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    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. NOTICE the "UNLAWFULLY"
    We have discussed this over and over, but UNTIL someone wants to test it and become the scapegoat, it's better to plan NOT to carry where alcohol is consumed.

    I agree with you as far as the way it is written, but...........

    Concealed means CONCEALED. Can't be seen means can't be complained about.
    Sean
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    Member Array Engine1's Avatar
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    This seems pretty cut and dry to me. It's illegal to carry in those places. Now, normally, no one will ever know you are carrying as long as you are carrying "properly". The problem is, aside from breaking the law, if you ever need to use your firearm in one of those places, you are going to lose your permit, pay a fine, and give the rest of us law abiding CCWers a bad rap. We pride ourselves on being law abiding citizens and we go through a lot to be able to carry our firearms. Why risk it by carrying into somewhere we aren't supposed to? Yes, it would be nice (and make sense) if our state allowed us to protect ourselves, no matter where we go, but right now, we don't have that privilege.


    SECTION 16-23-465.
    <snip>
    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.
    "The trouble with small furry animals in a corner is that, just occasionally, one of them's a mongoose." - Terry Pratchett, Witches Abroad

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    VIP Member Array SIGguy229's Avatar
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    Quote Originally Posted by Engine1 View Post
    This seems pretty cut and dry to me. It's illegal to carry in those places.
    If it were cut and dried, we wouldn't have this debate. The section you quoted was additional penalties if you commit a crime. To wit:

    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.
    SECTION 16-11-330. Robbery and attempted robbery while armed with deadly weapon

    SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.

    Article 1 of Chapter 23 of Title 16: describes the places listed that are prohibited
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    Senior Member Array SCfromNY's Avatar
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    I am sure everyone has their own take on this and I am not advocating that you break the law. If you want to be a law abiding resident who has a CWP where would you go for accurate information on the laws governing concealed carry?

    Internet Forums?
    Gun Store Training Classes?
    The SLED Website?

    I would go with SLED and on their website, and in their rules for CC, and their restrictions nothing is said about restaurants serving alcohol. I would welcome a rule like the 51% rule in a few states but since some feel we do not have the restiction there is no need to amend anything. Here is where a clarification, like the silly rule about carrying concealed in your car, would be useful. But then again it is like pointing out a sign that is not valid. Do we want to start this.

    Am I concerned about needing a handgun while eating at _________? No, but the dark parking lot to and from has always been reason for caution. I will shut up now remembering concealed means concealed.
    Registration: A prelude to Confiscation and Anarchy.

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    Member Array Geezer Glide's Avatar
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    Just curious, will anyone here admit to carrying inside a bar or a restaurant that serves alcohol?

    Concealed means concealed and if the need ever arose, it sure would be nice to have some protection with you and worry about legalities later.

  12. #11
    VIP Member Array cphilip's Avatar
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    Its quite evident that this form and place of carry is specifically NOT unlawful carry so how can an "additional Penalty" for unlawful carry apply?

    The section that is referred to as to "lawful carry" i.e. the list of prohibited places and the concealed carry permit section, are contained right in the section on Unlawful carry. The section right before this "additional penalty" begins. And they are exemptions to Unlawful carry. It couldn't be much clearer of they would not have put the statute to refer to as what is exempt right in there.

    You see, you must first be "unlawfully carrying" for it to even apply. And by its own admission, right there in the statute... your Lawful carrying.

    But be aware that the AG does not agree with this.

    So do what you think is right. Your to make up your own mind on this one. It is my opinion that it is not unlawful carry and yet I still disarm when I go to the local steak house, yet I don't drink either. That is my choice.

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    Member Array Hubs's Avatar
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    I have carried (in a Greek restaurant) that has a small bar within the confines of the place to pick up a to-go order. To-go orders are picked up in this small bar, but I am in/out within 5 minutes. Would seriously doubt that the bar side makes more money than the eating side(51% rule).

    Probably shouldn't but the eating part is MUCH larger in size than the bar.
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  14. #13
    Member Array Martial Archer's Avatar
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    Engine1 has it right.

    You'll not catch me carrying in an establishment that serves alcohol for consumption on premises.
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    Member Array hickatheart's Avatar
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    What about SCHP etc?

    Just curious if there is the same restriction for LEO in bars/churches etc. whilst off duty?

    H@H

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    Member Array yourbestdefense's Avatar
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    There is no restriction as to where LEO can carry in SC by law except a federal courthouse. Most County courthouses restrict LEO to carry when inside on personal business like family court. regarding bars, churches, etc., LEO can carry anywhere when off duty unless their dept. has a restriction in policy. My PD sensibly restricts us from carrying when drinking or taking meds that affect judgement/motor skills.
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