Well i wonder if SC will pass this. - Page 2

Well i wonder if SC will pass this.

This is a discussion on Well i wonder if SC will pass this. within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by kelcarry Hey phreddy: I understand the "no alcohol" rule for implementation of an allowance for CC in restaurants but I also feel ...

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Thread: Well i wonder if SC will pass this.

  1. #16
    Distinguished Member Array phreddy's Avatar
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    Quote Originally Posted by kelcarry View Post
    Hey phreddy: I understand the "no alcohol" rule for implementation of an allowance for CC in restaurants but I also feel that that one beer or glass of wine with the meal would be nice although I do appreciate the ease with which it could be abused. It would seem that the one beer or one wine could still be violated by many---if god forbid something did happen "on the way back to your car" 1) you would not even appear to be intoxicated in any way and 2) at what level of blood alcohol would it have been considered to have been from a drink at home 2 hours or so before, or that one beer or wine at the restaurant? There still has to be a requirement for blood alcohol, if this should enter into an investigation of an incident.

    I need to clarify my post. I would prefer the law to be similar to dui, but I would accept a law that allowed carry in restaurants with no drinking allowed as a step forward. I do not like the current ban in restaurants at all. I expect the loudest opposition to this bill will be about drunks shooting up bars, so the no drinking might be part of a compromise to push it forward.


  2. #17
    Senior Member Array SCfromNY's Avatar
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    My favorite subject to which I will add a few comments.

    First about "passing" the bill. It needs to be re-submitted. If you check on the "Grassroots" website they keep you apprised of where bills stand and this one is resting. You also need to keep in mind that our "overworked" legislature is in session only from January to June.

    For those of you who did not understand the reference to the attorney general there is a significant portion of people who believe it is NOT illegal to carry in restaurants that serve alcohol. Check on all websites INCLUDING SLED for "places you can not carry" and you will NOT find restaurants serving alcohol there. There is a law stating additional punitive actions for illegally carrying a handgun into a business serving alcohol. That makes a VERY gray area for those with a permit.

    Let's just hope like the silly concealed weapon in a car fiasco that they can solve it this year.
    Registration: A prelude to Confiscation and Anarchy.

  3. #18
    Distinguished Member Array phreddy's Avatar
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    As far as the Attorney General goes, we just need to find a guinea pig who will volunteer to test the law in court. I haven't heard anybody willing to do that yet.

  4. #19
    VIP Member Array cphilip's Avatar
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    The problem with that is... How exactly would you get arrested for it? You would almost have to do something illegal to even get noticed to then be charged with that "additional penalty" and then how would that be a challenge? Its not likely anyone minding their own business, properly permitted and concealed, acting orderly and polite, not intoxicated and not openly carrying would be arrested at all. It will likely never occur a situation for a arrest simply for that charge alone. It isn't even a stand alone charge.

  5. #20
    Distinguished Member Array phreddy's Avatar
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    Well, then we should all just write to Mr. McMaster and get his opinion.

  6. #21
    Distinguished Member Array phreddy's Avatar
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    Here is the state code that mentions business that sell alcohol for consumption:

    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.

    The issue here is that nowhere in SC state codes does it say that it is illegal to conceal carry in such an establishment. It seesm to me a person would have to violate another law such as discharging a firearm while intoxicated to to subject to the above code. Reading it this way, it would not be smart to drink while carrying concealed.
    Right now, I don't have the confidence in my legal opinion to chance carrying in a restaurant that serves alcohol.

  7. #22
    Distinguished Member Array phreddy's Avatar
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    Quote Originally Posted by cinsc View Post
    "Right now, it is illegal for anyone to carry a gun into a restaurant unless carrying the weapon is related to their jobs. "

    This is actually untrue; it is legal to carry in restaurants UNLESS they serve alcohol.

    '"It's just a recipe for disaster and you start Elmer Fudden' it boom, boom bring me my food, naw that's not a good thing," Jay Morgan, a gun owner said.'

    I would consider the source of this quote. These media types play pretty loose and free with facts. Even if it's accurate, they can always find some silly person to say the thing they want to print.
    The last sentence has been removed form the news story.

  8. #23
    Member Array cinsc's Avatar
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    "Right now, I don't have the confidence in my legal opinion to chance carrying in a restaurant that serves alcohol."

    Ditto. Is there a lawyer in the house?

  9. #24
    Distinguished Member Array kelcarry's Avatar
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    Hey phreddy: I agree that probably a compromise is necessary although, once again nanny government knows better than you and I and they of course know that we little people cannot take care of ourselves and will kill each other because of a couple of beers. Personally, I do not like the idea of walking down a street at 10pm with my wife and not having protection---if the restaurant's location is such that there is a potential problem that I can perceive I may find it necessary to have some form of protection with me.

  10. #25
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    Quote Originally Posted by cphilip View Post
    If you could simply get the Attorney General to admit he is wrong you could simply avoid having to pass this legislation...
    ^^^^^^^^^^^^YEP^^^^^^^^^^^

    Its amazing what one rational thinking AG can get done


    Okay, I pulled the pin. Now what? Hey! Where are ya going?
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  11. #26
    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by phreddy View Post
    Well, then we should all just write to Mr. McMaster and get his opinion.
    Phreddy, the last time he was written, last year I believe, he responded with the same old explanation of the intent of the legislature. A scanned copy of that is on an earlier thread you will find by searching "South Carolina Alochol". No real need to to ask again. Its been done many times. Otherwise no one would even think that "additional penalty...." section means anything other than how a normal person would read it.

    And many feel that its better off like it is and to be left alone. Some people believe it is better the way it is now.

  12. #27
    Distinguished Member Array phreddy's Avatar
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    Quote Originally Posted by cphilip View Post
    Phreddy, the last time he was written, last year I believe, he responded with the same old explanation of the intent of the legislature. A scanned copy of that is on an earlier thread you will find by searching "South Carolina Alochol". No real need to to ask again. Its been done many times. Otherwise no one would even think that "additional penalty...." section means anything other than how a normal person would read it.

    And many feel that its better off like it is and to be left alone. Some people believe it is better the way it is now.
    I think you might be right. If our legislature gets involved they most likely will screw it up royally. Also, Mr. McMaster will be gone as AG soon and I hope he does not succeed as governor.

  13. #28
    VIP Member Array cphilip's Avatar
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    If he does we are in trouble. We have, even though a flake in many other ways, the best Gun friendly, carry friendly governor we have ever had. In fact he said that he almost vetoed the Concealed Carry law due to the fact that he felt there should be no reason for a person to have to be permitted to carry. It should be a personal choice. Now... his "hiking trips" aside, is the kind of governor you hope to see. I don't think McMaster is even close to that.

  14. #29
    Distinguished Member Array phreddy's Avatar
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    Niiki Halley is at least talking the talk. I need to investigate her voting record more detailed, but she sounds promising in regards to the 2nd amendment and concealed cary.
    Issues

  15. #30
    Distinguished Member Array kelcarry's Avatar
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    Hey Y'all: McMaster may be the AG but everything he has been doing over the last period of time makes him out as your typical politician--he will say anything and do anything that he and his handlers feel will get him the votes. Personally I am tired of these hypocrites but it gets more difficult each year as this country produces fewer real patriots who genuinely want to serve the electorate and many more hypocrites who want to serve their money masters. For all his faults and screwy life, Sanford stuck to his core beliefs on government and I felt a genuine connect with his constituents--his problem was he did not understand the art of accomodation with others and their views. He was, as a Congressman and as Governor, essentially a "do-nothing" and was always at odds with everyone who did not agree with him.

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