SC public gathering law?

This is a discussion on SC public gathering law? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; OK so I ride up to Ladson yesterday to the "gun and KNIFE show", with 3 LEO. We stand in the line and wait to ...

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Thread: SC public gathering law?

  1. #1
    Senior Member Array XD in SC's Avatar
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    SC public gathering law?

    OK so I ride up to Ladson yesterday to the "gun and KNIFE show", with 3 LEO.

    We stand in the line and wait to enter. While doing so, one of them asks "do you know why CWP holders can't carry weapons into the gun shows?"

    I said I can carry upto the door, and then unload and have it zip tied through the barrel and I'm good. Which is exactly what has happened in the past.

    He says, "no, SC has a public gathering law that prohibits you from carrying at public gatherings"

    I said no I don't think that's how it's written, and we enter and have a good time looking at the show. I wasn't carrying anyway.

    FYI, the XDm were flying off the shelves for some reason. I don't know why, being the prices I saw were $600+. No deal as far as I am concerned.

    Anyway, since none of us found anything worth taking home, we decide to run to a shop about 30 minutes the other direction from home. So we get there and 1 of them buys an original 60's Ruger Blackhawk 8". Something about not being able to be carried fully loaded, because if you bump it, it WILL go off. Not modified by Ruger to correct the problem.

    Back to the story, while leaving the gun shop, he asks the owner, who just finished with a CWP class (literally) the same question about CWP and gun shows. The owner states, a CWP holder cannot carry in gun shows because it is a public gathering. I didn't comment, and after a few minutes we left.

    I have not found a public gathering law on SLED's website. I have found a public buildings and grounds law. It does not state gatherings.

    SECTION 16-23-420. Carrying or displaying firearms in public buildings or areas adjacent thereto.

    (A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post secondary institution, or in any publicly-owned building, without the express permission of the authorities in charge of the premises or property.
    Who knows what the SC definition of a publicly owned building is? And according to what I read, not just public grounds, there must be a building there also.

    Someone correct me if I am wrong , but I now have an LEO and a CWP instructor telling me it's public gatherings. Which means none of us could meet up to have a BS session in a park.... Also do we have to assume that since it DOES not state CWP is allowed in public buildings, that we ARE NOT.

    Off to church, and some play this afternoon, so I won't be able to answer questions or respond until late this afternoon. I guess I can't carry today either.......
    Sean
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  3. #2
    Member Array Jumper2501's Avatar
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    I sure don't have the no-BS answer. I'm interested in seeing what others have to say.

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    New Member Array RPinSC's Avatar
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    From what I've read and what my CWP instruction said, there is no public gathering law in SC. Someone asked about gun shows at the class I took, and his opinion was while it wouldn't be illegal, it would be a hassle if you got caught because you'd likely be arrested and likely have to show in court that there is nothing in the law prohibiting it.

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    VIP Member Array ccw9mm's Avatar
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    There is this ...

    SC Title 16, Chapter 17, Article 530: Public disorderly conduct. [SC ST SEC 16-17-530]

    Any person who shall (a) be found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducting himself in a disorderly or boisterous manner, (b) use obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church or (c) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharge any gun, pistol or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.
    ie, as used in SC v McGowan, 2001.

    The statute seems to require intoxication or gross public display, though it exempts just cause (ie, self-defense). It doesn't seem to generally disallow weapons at public gatherings, though. Otherwise, a search of the SC web sites for the legislature and criminal code doesn't show any other references that I can find. Though, of course, that doesn't mean they don't exist elsewhere.
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    Member Array Sejune's Avatar
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    That is the first I have heard of that...I have been through the regs a ton, but I can't find anything. I wasn't told anything about that in my CWP course either.
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  7. #6
    Member Array Vtxdpm's Avatar
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    From the SLED website,

    I see no mention of public gatherings being off-limits and was not included when I took my course. I know that our neighbor, GA does have such a law - I'm no lawyer, but looks like they're mistaken. Scary situation if that's the case.

    I also looked up the additional provisions referenced at the bottom and saw nothing on public gatherings.

    All available here: South Carolina Law Enforcement Division

    ---------------------------

    (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.
    A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

    Nothing contained herein may be construed to alter or affect the provisions of Sections 10 11 320, 16 23 420, 16 23 430, 16 23 465, 44 23 1080, 44 52 165, 50 9 830, and 51 3 145.


    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.

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    VIP Member Array cphilip's Avatar
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    I think the loud mouth in line is wrong. I don't know of any such prohibition of carry at "public gatherings".

    However the Greenville SC show is always held at the convention center and is not a public building anymore but it is specifically posted no carry in accordance with the proper posted warning signs. They seem to have chosen to post.

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    Quote Originally Posted by RPinSC View Post
    Someone asked about gun shows at the class I took, and his opinion was while it wouldn't be illegal, it would be a hassle if you got caught because you'd likely be arrested and likely have to show in court that there is nothing in the law prohibiting it.
    He's probably correct--"innocent until proven guilty" turned inside out....
    If the public are bound to yield obedience to laws to which they cannot give their approbation, they are slaves to those who make such laws and enforce them.--Samuel Adams as Candidus, Boston Gazette 20 Jan. 1772

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    Senior Member Array rmodel65's Avatar
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    maybe they are both from GA :P we have a public gathering law, that was meant to disarm black men. http://www.georgiacarry.org/cms/wp-c...a-gun-laws.pdf
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    VIP Member Array AllAmerican's Avatar
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    I think its just common sense and courtesy. They can just have a building with hundreds of folks carrying I guess and they think it would be wrong to allow the CWP holders this license.

    I think it just a safety issue. I know of no pblic gathering law.
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    Member Array akhimark's Avatar
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    Quote Originally Posted by AllAmerican View Post
    I think its just common sense and courtesy. They can just have a building with hundreds of folks carrying I guess and they think it would be wrong to allow the CWP holders this license.

    I think it just a safety issue. I know of no pblic gathering law.
    I agree. Some gun people like to show and compare their guns. Distractions are everywhere at a gun show and someone may forget the status of their gun and ruin it for everyone.

  13. #12
    Senior Member Array XD in SC's Avatar
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    Don't we have a CWP instructor on here??? I am very serious about this one. I want to know the correct answer. The "loud mouth" in line was an active LEO. I need to be able to prove one way or the other.

    I will try to call SLED tomorrow if time allows....
    Sean
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    VIP Member Array cphilip's Avatar
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    Well was the Gunshow in Ladson in a "Public Building"?

    If not then he is wrong about the reason. If I had a dollar for every LEO that was unfamiliar with the CCW laws I would be only a bit richer. Some know it well and some don't. They are only human. But if it was in a Public Building then he would be right.

    Its not the universal thing about "Gun Show" its the type of building and its ownership and then the fact that SC has a legal posting law as well.

    Our particular gun show is not in a public building however the People that own the building and run the building decided to post it.

    XD, I don't know of any law that specifically bars concealed carry with permit at gun shows in SC. As is how he seemed to have put it. Maybe you can ask him to cite you the exact reference and see if he was just jumping to a conclusion or something.

  15. #14
    Senior Member Array SCfromNY's Avatar
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    I have been to the Myrtle Beach Gun show the last 3 years. You can not carry loaded, they hold your magazine, and put a zip tie through the gun. BTW the convention center is posted but not correctly.

    Two years ago a LEO on TV said that it was not legal to carry in state parks, something that was changed 4 years ago.

    In any job you study your priorities. I am sure CWPs are not at the top of the list.
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  16. #15
    VIP Member Array AllAmerican's Avatar
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    How about you contact Grass Roots Gun Rights?

    They know everything about everything....
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