Clarification for People w/o CCW - car and on others property

[clintj]

I have no CCW and have looked around and read the laws and this is what I understand to be my rights and just want some clarification before I pick up my first handgun tomorrow (XD 45 4") until I get my CCW and something a little smaller for concealed carry.

This is what I understand to be legal for me so please tell me anywhere I am wrong!
1. I can carry loaded in my glove box, center console, or trunk (even without a locking mechanism on glovebox?)

2. I can carry concealed on my own property and to and from my vehicle.

This is one thing I am not quite clear on.

Just reread the law and I am probably wrong here:
3. Can I carry concealed on another persons property where I have explicit permission from the owner to carry concealed (ie in my girlfriends house or at work).

Thanks in advance!

 

[Tucker's Mom]

I have no CCW and have looked around and read the laws and this is what I understand to be my rights and just want some clarification before I pick up my first handgun tomorrow (XD 45 4") until I get my CCW and something a little smaller for concealed carry.

This is what I understand to be legal for me so please tell me anywhere I am wrong!
1. I can carry loaded in my glove box, center console, or trunk (even without a locking mechanism on glovebox?)

As far as I know you can't carry in the glove box and centre console. Trunk I am not sure...

2. I can carry concealed on my own property and to and from my vehicle.

You do not have to carry conceal on your own property especially if you have a fence around your property. Outside the front of your house, just be careful of someone calling the police about "Man with a gun" call.

This is one thing I am not quite clear on.

Just reread the law and I am probably wrong here:
3. Can I carry concealed on another persons property where I have explicit permission from the owner to carry concealed (ie in my girlfriends house or at work).

Thanks in advance!

On another person's property with permission, I am sure you can...at your work, even if you are allowed, I think you should have your CCW permit first before being able to do so...

On all the cases above, it will be safer for you to wait a bit and get your CCW permit first before you can do what you need and want to do to carry your weapon anywhere. And while you are waiting to get your permit, it is safer to keep your nose clean of any altercation with the law. Keep your head down. If you really want to be able to carry legally -- it's better to just confine yourself to carry inside your own house....and property if it is fenced around. This is my take on this...but then I live here in Missouri where we have a strong castle doctrine..

 

[redboneshadow]

Depends on which state you are in. There are sites that will tell you exactly what is legal concerning where you are at.

 

[Red Hat]

Since this is the South Carolina forum SC laws applies. clintj, you are correct in all aspects of you assumptions. On you own property you can carry open or concealed. On #3 you can carry open or concealed at work if given permission by the owner.

Depends on which state you are in. There are sites that will tell you exactly what is legal concerning where you are at.

USA Carry is one of those sites. There are sticky's at the top of each state forum that has links to each states law.

 

[melloyello]

Red Hat is right for us in SC.

Need a clarification for case number 2, "I can carry concealed on my own property and to and from my vehicle."
You can carry concealed or open to and from your vehicle while it is on your property or on a property where the owner has given you permission to carry. You cannot carry concealed or open when the vehicle is not on mentioned property, ie: parking lot, car parked on street in front of house, etc. Most malls and business complex parking areas are common areas and not under the control of the companies leasing the real properties.

 

[Double Ought]

[...On #3 you can carry open or concealed at work if given permission by the owner...

Looks like they changed this one, yet again.

S.C. Code 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:

(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;

...You cannot carry concealed or open when the vehicle is not on mentioned property, ie: parking lot, car parked on street in front of house, etc....

Just curious what your reference is for this statement. Case law? Another section? Section 16-23-20(15) doesn't seem to list any limitations other than between your vehicle and another legal location. Not a rhetorical question or being a smart A. Sincerely interested.

S.C. Code 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:

(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.

 

[clintj]

Thanks guys!

Since this is the South Carolina forum SC laws applies. clintj, you are correct in all aspects of you assumptions. On you own property you can carry open or concealed. On #3 you can carry open or concealed at work if given permission by the owner.


USA Carry is one of those sites. There are sticky's at the top of each state forum that has links to each states law.

I read that but just wanted to make sure!

 

[clintj]

On #3 I really am not planning to carry at work, but the castle doctrine says:

(A) It is the intent of the General Assembly to codify the common law Castle Doctrine which recognizes that a person's home is his castle and to extend the doctrine to include an occupied vehicle and the person's place of business.

Also since I sometimes stay the night at said girlfriends house does it not then become my domicile just like a hotel (I read somewhere the castle doctrine would extend to a hotel if I were staying there)

Thanks again!

 

[blume357@]

Yes, you are right you can carry concealed from your girlfriends house to your vehicle ... where you can then store it in any of the places you mentioned.

There could be an argument (or problem) depending on where you actually park. I think it would be unreasonable to assume you could legally carry concealed or open if you parked say 5 or 10 blocks away... but on her property or on the street in front of her property might be okay. Example is if you are staying in a hotel or motel... you can legally carry from your parked vehicle to your room.

And as mentioned... you can carry concealed or open on any private property with the owner / manager of the properties permission.

You can carry at your place of work if you have permission of who ever is in charge of your work, your boss, management, or you if you work for yourself.

 

[CapGun]

While on the subject...In the state of Pennsylvania where open carry is legal. If you open carry and get into your car while you OC you are now considered "concealed carry"
therefore you need a CCP or you are breaking the law. Maybe this applies in other states that allow open carry. Just a heads up. You avoid a lot problems lie this if you have your CCP.

 

[melloyello]

Looks like they changed this one, yet again.

S.C. Code Section 16-23-20. Unlawful carrying of handgun; exceptions.

Just curious what your reference is for this statement. Case law? Another section? Section 16-23-20(15) doesn't seem to list any limitations other than between your vehicle and another legal location. Not a rhetorical question or being a smart A. Sincerely interested.

S.C. Code 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:

(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.

Section (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;"

I guess I was seen concealing to my truck and police cited clause. Example given: business and home owners don't have have control over parking lots and public streets, even the ones in front their business or your house.

I guess one of my neighbors didn't like me openly carrying then concealing before I got into my truck when it was parked on the street. Not showing off but I hunt and target shoot as much as I can. Probably the same ones that called the police when I set off fireworks on Vietnamese New Years.

Fortunately, I produced my permit and the dropped the issue after he called in everything.

 

[melloyello]

Looks like they changed this one, yet again.

S.C. Code 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:

(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;

I think section "(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;" trumps a individual that is not an employee or business owner to carry on the property given permission from the owner. Section 8 did not limit to residences so it could apply to all real property they have legal control like private hunting land, farms and businesses.....OR at least it could be argued:yu:

 

[Red Hat]

While on the subject...In the state of Pennsylvania where open carry is legal. If you open carry and get into your car while you OC you are now considered "concealed carry"
therefore you need a CCP or you are breaking the law. Maybe this applies in other states that allow open carry. Just a heads up. You avoid a lot problems lie this if you have your CCP.

We don't have that problem in SC. OC is illegal...