Conceal Carry Question

[Merlin1274]

It was a topic of Debate at dinner the other day among a few of us CWP Holders.

The question is. If you are going to work and have a brief case or a laptop carry bag that doubles as both and you decide to carry your handgun inside.
Once you enter your vehicle is it legal to leave it in the bag or brief case or do you have to put it concealed on you or in the Glovebox, Center Console or trunk.
This is for CWP holders. I always remove it and place it on my person. But if you forget and leave in the bag are you then breaking the law? I told them they could not leave it in a brief case or carry bag of any sort unless it was in the trunk or further place in vehicle away from the driver.

Also did they pass a law where if you had to exit your vehicle and go into an establishment that does not allow carry that you could leave your CC under the front seat? Nothing on SLED site mentions any of this.

Thanks for your input into this.

 

[SGB]

Link Removed

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:


(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);[/b]

Looks legal to me.

 

[Merlin1274]

I am refering to riding around in your vehicle with it in your brief case or Laptop Bag/Carry Bag.

 

[stingray2100]

ok so the law indicated that the firearm needs to be concealed, it does not give you a specific method of concealment.

You can have it on your person or off your person...as long it is not in plin site, you should not have an issue with anyone.

 

[MartyB]

I don't see how it could be illegal since a women can carry in a purse. In SC concealed only applies on your person. Not hidden in your vehicle. But there is a provision for purse carry. I'll have to look it up because I can't remember the wording right now.

 

[FN1910]

In addition to post #2 the following is part of the SC Law.

(9) a person in a vehicle if the handgun is:

(a) 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; or

(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;

The concealed on or ABOUT would include the briefcase in my opinion as long as it is closed. I have not seen the AG opinion but understand that he says that a ladies purse is part of normal wear of clothing and a man's brief case would be the same if normally carried.

IANAL nor do I want to be one and my opinions are worth exactly what you have paid for them.

 

[kelcarry]

In addition to post #2 the following is part of the SC Law.



The concealed on or ABOUT would include the briefcase in my opinion as long as it is closed. I have not seen the AG opinion but understand that he says that a ladies purse is part of normal wear of clothing and a man's brief case would be the same if normally carried.

IANAL nor do I want to be one and my opinions are worth exactly what you have paid for them.

Personally, I believe that the intent of the "concealed on or About" is strictly referring to a person who has a CCWP and the rules of CC apply in the car. It is the one way you "can have your cake and eat it too". If you enter your car CC and have a valid CCWP, you are 100% within the law. the only question is what is considered CC other than IWB or OWB. A woman having the firearm in a purse, IMO, is considered CC--likewise, a man having it CC in some interestingly designed attache case is considered CC. When you get in car, and place your purse down or your attache down, you are still legally CC. If you do not have a CCWP, things get more difficult. My take is that the gun can still be loaded but it must be in a closed area of car such as the glove compartment, trunk etal. It does not mean you can have it under a newspaper in the seat next to you or under your seat or under your tush or in the purse or attache case mentioned above---that is a CC standard and you do not have a CCWP.

 

[apvbguy]

It was a topic of Debate at dinner the other day among a few of us CWP Holders.

The question is. If you are going to work and have a brief case or a laptop carry bag that doubles as both and you decide to carry your handgun inside.
Once you enter your vehicle is it legal to leave it in the bag or brief case or do you have to put it concealed on you or in the Glovebox, Center Console or trunk.
This is for CWP holders. I always remove it and place it on my person. But if you forget and leave in the bag are you then breaking the law? I told them they could not leave it in a brief case or carry bag of any sort unless it was in the trunk or further place in vehicle away from the driver.

Also did they pass a law where if you had to exit your vehicle and go into an establishment that does not allow carry that you could leave your CC under the front seat? Nothing on SLED site mentions any of this.

Thanks for your input into this.

it all depends on what state you live in

 

[kelcarry]

it all depends on what state you live in

Last I looked, I connected to this subject under a South Carolina discussion thread, thus it all depends on what South Carolina CC laws are all about. Would still like to see a comment verifying my comments in Reply#7. When you read the Code of Laws you easily get hung up on wishy washy wording that sometimes just does not give you the exact answer you want. My take, which is begging for at least a reply from members, is that a firearm (loaded or unloaded) must be in separate locked area of car if you are not CC--period/end of story. If you are CC, that same firearm (loaded or unloaded) can be on you per standard CC, or in your optional CC carrying method (purse or attache case) but it cannot just be lying in car in a hidden manner. I do believe that in SC. loaded or unloaded are treated the same--it is more about CC or not CC.

 

[hp-hobo]

Last I looked, I connected to this subject under a South Carolina discussion thread, thus it all depends on what South Carolina CC laws are all about. Would still like to see a comment verifying my comments in Reply#7. When you read the Code of Laws you easily get hung up on wishy washy wording that sometimes just does not give you the exact answer you want. My take, which is begging for at least a reply from members, is that a firearm (loaded or unloaded) must be in separate locked area of car if you are not CC--period/end of story. If you are CC, that same firearm (loaded or unloaded) can be on you per standard CC, or in your optional CC carrying method (purse or attache case) but it cannot just be lying in car in a hidden manner. I do believe that in SC. loaded or unloaded are treated the same--it is more about CC or not CC.

You have obviously never read anything regarding car carry in South Carolina. Or perhaps you have and then add words to suit your own purposes. Please cite the exact section and paragraph that states or even implies that "a firearm (loaded or unloaded) must be in separate locked area of car if you are not CC".

Making things up as they go along is for the anti-gun crowd. It is incumbent upon us to have all of the facts, all of the time. You have failed that test.

 

[kelcarry]

You have obviously never read anything regarding car carry in South Carolina. Or perhaps you have and then add words to suit your own purposes. Please cite the exact section and paragraph that states or even implies that "a firearm (loaded or unloaded) must be in separate locked area of car if you are not CC".

Making things up as they go along is for the anti-gun crowd. It is incumbent upon us to have all of the facts, all of the time. You have failed that test.

For heaven's sake hp, I am asking for clarification was not stating the gospel according to me. I find the Code to be confusing and not inclusive on the specifics of firearms in cars. I wanted an answer not a pile of yada yada.

 

[hp-hobo]

For heaven's sake hp, I am asking for clarification was not stating the gospel according to me. I find the Code to be confusing and not inclusive on the specifics of firearms in cars. I wanted an answer not a pile of yada yada.

Okay, I'll play your silly game. Since you won't respond to my clear request to cite the information you posted, can you at least tell us if you've bothered to read the law as it relates to carry in vehicles?

 

[kelcarry]

Okay, I'll play your silly game. Since you won't respond to my clear request to cite the information you posted, can you at least tell us if you've bothered to read the law as it relates to carry in vehicles?

I just told you in my last email that I do not understand the law as it relates SPECIFICALLY to my question. All I am asking is for an answer to my question and/or verification that my understanding is correct or incorrect. My silly game? Are you kidding me? All I did was ask a question--answer it/don't answer it but stop this ridiculous exchange or useless verbage.

 

[melloyello]

Link Removed

Looks legal to me.

SGB already answered the question but here is the full legal verbiage...
(9) a person in a vehicle if the handgun is:

(a) 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; or

(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;


I guess the question you are really asking is if the laptop bag/briefcase is about your person...
IMO, A laptop bag, brief case, attache, pocket book, diaper bag, handbag, purse, sachel, fanny pack, etc are all considered part of the person.
They are designed to be carried and with the person at all times either on or about them.
There are also Federal and Commercial guidelines that consider these items part of the person's "uniform" or "outfit", a personal item.
They are considered not luggage or baggage.

I was going to reference FAA guidelines on what is a personal item, but I could not find the press release - sorry :-(

 

[category4]

It can be left in the case as long as the case is readily accessible to you (about your person), or if the case is closed with an integral fastener (zipper, clasp, latch, etc) and in the luggage compartment. This is assuming you have a carry permit. If not then the case must be in the luggage compartment.

 

[hp-hobo]

It can be left in the case as long as the case is readily accessible to you (about your person), or if the case is closed with an integral fastener (zipper, clasp, latch, etc) and in the luggage compartment. This is assuming you have a carry permit. If not then the case must be in the luggage compartment.

Incorrect information...

 

[FN1910]

Since the entire opinion is too long to post here is the conclusion of the SC Attorney General on the question. It is from an opinion dated April 19, 1999.

CONCLUSION

In conclusion, based upon the same interpretation given by the Court in the Barwick case, it is my opinion that a person with a Concealed Weapons Permit may carry a concealed weapon on his or her person as authorized by the Law Abiding Citizens Self Defense Act of 1996 in an automobile. In other words,
16 23 20 (9) of the pistol law does not require the CWP permittee to keep such concealable weapon in the trunk, glove compartment or console of an automobile. The CWP statute permits the carrying of the weapon on the person by such means as a shoulder holster, but he or she may also carry such concealable weapon in a handbag or briefcase while in the automobile as well. See Op. Atty. Gen., October 9, 1998 (copy enclosed). However, if a person does not have a CWP permit issued pursuant to the Law Abiding tizens Self Defense Act of 1996, and no other exception contained in 16 23 20 is applicable, he or she may only carry a pistol in an automobile as specified in 16 23 20 (9) as discussed herein.

This letter is an informal opinion only. It has been written by a designated Assistant Deputy Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion.