SC Road Check

SC Road Check

This is a discussion on SC Road Check within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Do you need to show your driver license & gun permit when going through a road check or being pulled over by police if you ...

Results 1 to 15 of 15

Thread: SC Road Check

  1. #1
    Member Array foots402's Avatar
    Join Date
    Nov 2009
    Location
    Aiken SC
    Posts
    343

    Question SC Road Check

    Do you need to show your driver license & gun permit when going through a road check or being pulled over by police if you are the passenger when carring concealed?


  2. #2
    VIP Member Array cphilip's Avatar
    Join Date
    Oct 2006
    Location
    South Carolina
    Posts
    2,187
    If you are asked to Identify yourself you do then.

    (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver’s license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.

    Note the "AND" between (1) and (2)... so it must be both. He ID's himself as a LEO AND requests ID... from the Permit Holder. If he addresses the driver only then both do not apply UNTIL he address and asks for ID from the Passenger. If he says "do you have some ID?" to the passenger, then yea. Even if he says something like "and who are you?" then it is likely it is now applicable and would be wise to think about producing an ID and Permit.

  3. #3
    Member Array Jumper2501's Avatar
    Join Date
    Feb 2009
    Location
    Columbia, SC
    Posts
    434
    Quote Originally Posted by cphilip View Post
    If you are asked to Identify yourself you do then.

    (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driverís license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.

    Note the "AND" between (1) and (2)... so it must be both. He ID's himself as a LEO AND requests ID... from the Permit Holder. If he addresses the driver only then both do not apply UNTIL he address and asks for ID from the Passenger. If he says "do you have some ID?" to the passenger, then yea. Even if he says something like "and who are you?" then it is likely it is now applicable and would be wise to think about producing an ID and Permit.
    Good post. Too often, people respond to this type of question with "I think" or "IMO".
    NRA member
    GrassRoots GunRights SC member
    Walther PPS .40 / KelTec P3AT

  4. #4
    Ex Member Array NavyLT's Avatar
    Join Date
    Sep 2008
    Location
    Washington State
    Posts
    471
    IMO, I think that was a very clear, concise and accurate response.

  5. #5
    Senior Member Array rmodel65's Avatar
    Join Date
    May 2008
    Location
    my house
    Posts
    934
    SC has a duty to inform only if your licensed correct?
    S&W M&P40/M&P9c OC rigs
    S&W 640-1 or Sig P238 as a CC rig
    proud www.georgiacarry.org member
    Second Amendment Foundation Life member

  6. #6
    VIP Member Array cphilip's Avatar
    Join Date
    Oct 2006
    Location
    South Carolina
    Posts
    2,187
    When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform

    If licensed and not carrying... no duty to inform

    If licensed and carrying... duty to inform.

    If not licensed and concealed carrying... your in deep do do.

    However if a gun is legally stowed in the car, according to the following, there is no duty to inform. But common sense might lead you to inform before actively opening that area to retrieve information.

    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:

    (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;

  7. #7
    VIP Member
    Array shooterX's Avatar
    Join Date
    Apr 2009
    Location
    South Carolina
    Posts
    2,848
    Quote Originally Posted by cphilip View Post
    When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform

    If licensed and not carrying... no duty to inform

    If licensed and carrying... duty to inform.

    If not licensed and concealed carrying... your in deep do do.
    +1

  8. #8
    Member Array threeLegDog's Avatar
    Join Date
    Dec 2008
    Location
    Northwest
    Posts
    50
    What's a "road check"? A Fourth Amendment violation?
    Anthony

    Current EDC: Glock 23

  9. #9
    Senior Member Array rmodel65's Avatar
    Join Date
    May 2008
    Location
    my house
    Posts
    934
    yes road blocks are 4th amendment violations
    S&W M&P40/M&P9c OC rigs
    S&W 640-1 or Sig P238 as a CC rig
    proud www.georgiacarry.org member
    Second Amendment Foundation Life member

  10. #10
    Distinguished Member Array REVMAN's Avatar
    Join Date
    Mar 2009
    Location
    South Carolina
    Posts
    1,915
    Quote Originally Posted by threeLegDog View Post
    What's a "road check"? A Fourth Amendment violation?
    I'm certainly not trying to start anything here and I understand where you are coming from, but as I've stated before in other post, if a "road check" stops an idiot from driving and drinking, I'm for it. I had a very close friend killed by a drunk driver. If this drunk driver had been stopped at a road check on that day, my friend would probably still be alive. Just my feelings.
    Always put Jesus first in your life.
    NRA (Lifetime Member)
    U.S. Navy Vet.

  11. #11
    Senior Member Array Keltyke's Avatar
    Join Date
    Jun 2009
    Location
    Spartanburg, SC
    Posts
    785
    SC has a duty to inform only if your licensed correct?
    You can NOT carry concealed in SC unless you possess a CWP. There is NO open carry in SC.
    If you are asked for identification, you must present your permit as well, and it would be a good idea to tell the officer you are armed and where it is concealed.

    REVMAN, I'm with you. I'm suspicious of anyone who doesn't want to go through a road block. What'cha got to hide? Lots of drunk and doped drivers are caught that way, and even the occasional felon.

  12. #12
    VIP Member Array cphilip's Avatar
    Join Date
    Oct 2006
    Location
    South Carolina
    Posts
    2,187
    A fellow I know coming back from the beach saw a sign near Columbia that said "Slow Down Drug check point ahead". He was carrying a little pot with him so he got off at the next exit past the sign... and at the top of the ramp.... there was the Drug Check point. Dogs and all... Anyone who got off after seeing the sign was checked.

    Busted....

    Clever eh?

  13. #13
    Senior Member Array rmodel65's Avatar
    Join Date
    May 2008
    Location
    my house
    Posts
    934
    Quote Originally Posted by Keltyke View Post
    You can NOT carry concealed in SC unless you possess a CWP. There is NO open carry in SC.
    If you are asked for identification, you must present your permit as well, and it would be a good idea to tell the officer you are armed and where it is concealed.

    REVMAN, I'm with you. I'm suspicious of anyone who doesn't want to go through a road block. What'cha got to hide? Lots of drunk and doped drivers are caught that way, and even the occasional felon.

    i dont go thru road blocks and i dont do any drugs nor do i drink..... it is a 4th amendment violation

    jefferson said it best......


    I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it.

    * Thomas Jefferson, to Archibald Stewart (23 December 1791)
    S&W M&P40/M&P9c OC rigs
    S&W 640-1 or Sig P238 as a CC rig
    proud www.georgiacarry.org member
    Second Amendment Foundation Life member

  14. #14
    Member Array Leopard125's Avatar
    Join Date
    Oct 2008
    Location
    New Mexico USA
    Posts
    204
    If you have your CHL and are carrying maybe you should already know the laws,
    Try handgunlaw link on this site.
    It might just save you some trouble down the road.

  15. #15
    VIP Member Array dukalmighty's Avatar
    Join Date
    Feb 2008
    Location
    texas
    Posts
    15,179
    Years ago in Western Kansas during Pheasant season they posted a sign on I 70 game check ahead,just before an off ramp,every body that took the ramp was checked and was over limit
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Similar Threads

  1. Yeah lady, you might want to put that road rage in check.
    By fastk9dad in forum Off Topic & Humor Discussion
    Replies: 12
    Last Post: January 6th, 2011, 04:47 PM
  2. SC Road Check
    By foots402 in forum Concealed Carry Issues & Discussions
    Replies: 14
    Last Post: December 23rd, 2009, 07:27 AM
  3. Antifreeze-check, wiper blades-check, ammo?
    By BuckeyeEric in forum Defensive Ammunition & Ballistics
    Replies: 7
    Last Post: October 6th, 2009, 05:29 PM
  4. What do you check before and after? (I now do magazine seat check)
    By stgdz in forum Concealed Carry Issues & Discussions
    Replies: 20
    Last Post: November 7th, 2007, 01:31 AM
  5. How does the NICS check differ from the Check to get your Handgun Permit?
    By IndianaJones in forum Concealed Carry Issues & Discussions
    Replies: 7
    Last Post: September 18th, 2006, 08:33 PM

Search tags for this page

aiken sc. current roadchecks

,
are road checks legal sc
,
current road blocks aiken,sc
,
greenville county road checks
,
greenville road checks
,
posting road checks
,
road checks conceal carry
,

road checks in sc

,

road checks south carolina

,

sc road checks

,
show concealed carry through a road check
,
south carolina police officer requests identification
Click on a term to search for related topics.