concealed carry, peaceable journey

nickey

nickey
i live in south carolina. as i understand the law (as ridiculous as it is) you must eiher have the weapon on you in a vehile or in the glovebox or other authorized place. Correct me if i'm wrong. Also can anyone explain to me what peaceable journey means and how isit used.?
 

As far as "peaceable journey", I think you might be referring to FOPA - Firearms Owners Protection Act? It is Federal law that states how you can transport your guns interstate - state to state - without having to worry about or comply with any of those states' laws concerning firearms possession/transportation. It would only apply when you travel away from your home state, and while traveling. Once you arrive at your destination, then you must comply with the state laws at the location where your destination is. You are only considered to be traveling when you make stops only for food/gas and reasonable rest. If you stop along the way for sight seeing/visiting relatives, whatever... then that is a destination and not a travel stop.

FOPA is here:
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Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

South Carolina weapons possession/transportation laws are here, but they are too complicated for me to even guess at an interpretation:
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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:

(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;

(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.
 
Since you are in SC it is fairly simple for a hadgun. Whether or not you have a CWP you can carry your gun in your gloebox, your console or in the trunk of your car. It can be loaded or empty, does not matter. If you don't have a trunk such as a SUV you can carry it behind the rearmost seat.

If you have a CWP you can carry it in those locations or on or about your person as long as it is concealed. For instance I often take mine a lay it on the seat beside me and cover it with a towel or my jacket.


Quick and dirty:
Peaceable Journey laws are for when you are traveling through several states. For instance you go from SC to VT. While traveliing through states that do not honor your permit or if you do not have a permit you can carry your gun in the trunk of your car even in states that normally do no allow you to carry a gun such as NJ. You must be legal at your starting pooint and your ending point. (SC and VT) There is some discussion about being able to stop in the intermediate states such as NJ even for gas or to spend the night but I do not know those details. If you are a SC resident and are traveling in SC, GA or NC then the peacable journey laws will not apply. Only those states that you travel through alonh your journey.
 
OK, Here's a question: We own property in SC (Liberty!) but live in NJ (Blecch!). Eventually we're planning to build and relocate, but for now we visit whenever we can. We're planning to come down in April. I understand I can get a Residents permit by dint of our owning property (haven't taken the course yet), but for now I'm limited to carrying in the car (Explorer has a latching center console -- legal, right? Loaded?). What do I do about having it in the hotel or rental home when we're inside? I guess if we rent I can do whatever I want while I'm inside in the evenings, but I'm concerned about the sidearm being in the car while we're inside a restaurant, for example. Opinions?
 
Your motel room or rental unit is no problem, treat it just like your home even with no permit. Even if you have a CWP if the restaurant sells alcohol you can't carry inside. The console does not have to have a latch/lock.
 
i have a sc cwp which has reciprocity with nc. then if i understand correcly, i leave sc with my weapon in the glove box. upon entering nc i remove it put it n my person. i am lega. am i correct?i
 
NC

NC is open carry and with a CHP you can conceal it however you want. If you have a SC permit why would you bother keeping it in the glovebox, just carry it.
 

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