South Carolina Open Carry?

This is a discussion on South Carolina Open Carry? within the Open Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Hey y'all: Sorry if this is a rehash of a question but can someone tell me if there are any rules on open carry in ...

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Thread: South Carolina Open Carry?

  1. #1
    Distinguished Member Array kelcarry's Avatar
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    South Carolina Open Carry?

    Hey y'all: Sorry if this is a rehash of a question but can someone tell me if there are any rules on open carry in South Carolina. I think CC has been covered rather well as to do's and don't but I cannot seem to find anything specific that discusses open carry--loaded or unloaded. I do find exclusions for transport of unloaded firearms but that is all I can find. Thank you in advance and sorry for any rehash

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  3. #2
    Distinguished Member Array kelcarry's Avatar
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    Just found a petition to the Legislature that is asking for an open carry law and states that SC is one of a few states that DOES NOT permit open carry. I believe that is still the case--if I am wrong kindly correct me--otherwise--sorry for the thread intrusion.

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    New Member Array Prairie Dog's Avatar
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    Open carry in SC is by law enforcement only. There are some exceptions as stated in the SC gun laws. One of my favorites is this one: (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. Here's the link where I found that. South Carolina Law Enforcement Division

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    Senior Member Array rmodel65's Avatar
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    my question is OCing a Black Powder gun legal in SC since under SC law it is exempt from the laws???????????????????????????????????????
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    Member Array Jim Macklin's Avatar
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    Quote Originally Posted by Prairie Dog View Post
    Open carry in SC is by law enforcement only. There are some exceptions as stated in the SC gun laws. One of my favorites is this one: (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. Here's the link where I found that. South Carolina Law Enforcement Division
    Quote Originally Posted by rmodel65 View Post
    my question is OCing a Black Powder gun legal in SC since under SC law it is exempt from the laws???????????????????????????????????????
    The Feds don't consider a muzzleloading cap and ball handgun to be a "firearm" under the GCA'68 and as such a 4473 and other restrictions do not apply to purchase. State law may or may not regulate purchase.
    Carrying, it is a gun and in every state will be treated as a loaded gun.

    Kansas law allows "licensed hunter s and fishermen to carry concealed" [KSA 21-4201] and since you can possess a handgun at 18 there is a loophole of three years when a kid could carry without a CCH but he has to carry a fishing rod and buy a fishing license.
    The People Think the Constitution Protects Their Rights;
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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Jim Macklin View Post
    The Feds don't consider a muzzleloading cap and ball handgun to be a "firearm" under the GCA'68 and as such a 4473 and other restrictions do not apply to purchase. State law may or may not regulate purchase.
    Carrying, it is a gun and in every state will be treated as a loaded gun.

    Kansas law allows "licensed hunter s and fishermen to carry concealed" [KSA 21-4201] and since you can possess a handgun at 18 there is a loophole of three years when a kid could carry without a CCH but he has to carry a fishing rod and buy a fishing license.







    BP is specifically exempt from the laws pertaining to pistols in SC



    heres an easily carried pole
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    Member Array Jim Macklin's Avatar
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    Quote Originally Posted by rmodel65 View Post
    [/B]






    BP is specifically exempt from the laws pertaining to pistols in SC



    heres an easily carried pole
    To quote from the NRA-ILA pamphlet...

    ANTIQUES & REPLICAS
    The statutory definition of a pistol does not include any firearm generally recognized or classified as an antique, curiosity, or collector’s item, or any that does not fire fixed cartridges. It is the policy of the state to use federal Bureau of Alcohol, Tobacco and Firearms guidelines on classifying antiques, curios, collector’s items, or handguns not firing fixed cartridges. Such firearms are exempt from state purchase requirements mentioned above, but law enforcement authorities do not consider antiques exempt from the limitations on carrying.

    But also in same PDF file NRA-ILA ::

    It is unlawful to carry about the person a handgun concealed or unconcealed except as follows:
    • Law enforcement officers and prison guards while they are on duty.
    • Members of the armed forces, reserve forces, National Guard, or State Militia, when on duty.
    • Members of organizations authorized by law to buy or receive firearms from the United States or South Carolina, or regularly enrolled members of target shooting or firearms collecting clubs while these members are at or going to or from their places of target practice or their shows and exhibits.
    • Licensed hunters or fishermen while engaged in hunting or fishing or going to or from their places of hunting or fishing.
    • Persons while possessing, using, or carrying a handgun in the usual or ordinary course of their business involving firearms.
    • Authorized military or civil organizations and their members while parading or going to and from the places of their respective organizations.
    • Any person in his home, or upon his real property, or fixed place of business.
    • Any person in a vehicle where the handgun is secured in a closed glove compartment, closed console or closed trunk. The handgun may be loaded.
    • Any person carrying an unloaded handgun in a secure wrapper from the place of purchase to his home, fixed place of business or while moving.
    The People Think the Constitution Protects Their Rights;
    Government See IT as an Obstacle to be Over-come.

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    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Jim Macklin View Post
    To quote from the NRA-ILA pamphlet...

    ANTIQUES & REPLICAS
    The statutory definition of a pistol does not include any firearm generally recognized or classified as an antique, curiosity, or collector’s item, or any that does not fire fixed cartridges. It is the policy of the state to use federal Bureau of Alcohol, Tobacco and Firearms guidelines on classifying antiques, curios, collector’s items, or handguns not firing fixed cartridges. Such firearms are exempt from state purchase requirements mentioned above, but law enforcement authorities do not consider antiques exempt from the limitations on carrying.

    But also in same PDF file NRA-ILA ::

    It is unlawful to carry about the person a handgun concealed or unconcealed except as follows:
    • Law enforcement officers and prison guards while they are on duty.
    • Members of the armed forces, reserve forces, National Guard, or State Militia, when on duty.
    • Members of organizations authorized by law to buy or receive firearms from the United States or South Carolina, or regularly enrolled members of target shooting or firearms collecting clubs while these members are at or going to or from their places of target practice or their shows and exhibits.
    • Licensed hunters or fishermen while engaged in hunting or fishing or going to or from their places of hunting or fishing.
    • Persons while possessing, using, or carrying a handgun in the usual or ordinary course of their business involving firearms.
    • Authorized military or civil organizations and their members while parading or going to and from the places of their respective organizations.
    • Any person in his home, or upon his real property, or fixed place of business.
    • Any person in a vehicle where the handgun is secured in a closed glove compartment, closed console or closed trunk. The handgun may be loaded.
    • Any person carrying an unloaded handgun in a secure wrapper from the place of purchase to his home, fixed place of business or while moving.


    what your not getting is that the BP gun is itself exempt from laws for carrying on a permit....
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    Member Array Jim Macklin's Avatar
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    Quote Originally Posted by rmodel65 View Post
    what your not getting is that the BP gun is itself exempt from laws for carrying on a permit....
    You missed this..
    Such firearms are exempt from state purchase requirements mentioned above, but law enforcement authorities do not consider antiques exempt from the limitations on carrying.
    The People Think the Constitution Protects Their Rights;
    Government See IT as an Obstacle to be Over-come.

  11. #10
    Senior Member Array rmodel65's Avatar
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    HANDGUNS

    SECTION 16-23-10. Definitions.

    When used in this article:

    (1) “Handgun” means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector’s item, or any that does not fire fixed cartridges.

    (2) “Dealer” means any person engaged in the business of selling firearms at retail or any person who is a pawnbroker.

    (3) “Crime of violence” means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.

    (4) “Fugitive from justice” means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.

    (5) “Subversive organization” means any group, committee, club, league, society, association, or combination of individuals the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure, or overthrow of the government of the United States or any state or political subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing.

    (6) “Conviction”‘ as used herein shall include pleas of guilty, pleas of nolo contendere, and forfeiture of bail.

    (7) “Division” means the State Law Enforcement Division.

    (8) “Purchase” or “sell” means to knowingly buy, offer to buy, receive, lease, rent, barter, exchange, pawn or accept in pawn.

    (9) “Person” means any individual, corporation, company, association, firm, partnership, society, or joint stock company.

    (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.

    carrying of a handgun but black powder isnt a handgun\/ /\
    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:

    (1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor’s constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;

    (2) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;

    (3) members, or their invited guests, of organizations authorized by law to purchase or receive firearms from the United States or this State or regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits;

    (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;

    (5) a person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;

    (6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States;

    (7) members of authorized military or civil organizations while parading or when going to and from the places of meeting of their respective organizations;

    (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;

    (10) a person carrying a handgun unloaded and in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving one’s residence or changing or moving one’s fixed place of business;

    (11) a prison guard while engaged in his official duties;

    (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);

    (13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;

    (14) a person engaged in firearms related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);

    (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.
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