Does CWP cover knives...

[cha2ga]

of over 2 inches in blade length? From what I understand only blades of 2in and less are considered legal in SC. Will my CWP allow me to carry a knife larger that that legally? Where can I carry? Can I carry an assisted opener? How about an auto-opener?

 

[bbarton713]

The typical disclaimer...I am not a lawyer!

The short answer is yes it does but you have to do some reading and cross-referencing in the SC law in order to see that it is legal. A knife with a blade length over two inches is considered a weapon. However, if you are licensed to carry a concealed weapon you are ok. After all, it is a concealed weapon permit not a concealed handgun permit, an important distinction. The only real requirement would probably be that it not be over 12 inches in length since that's the limit on handguns.

There is nothing in the law that limits the type of knife as in auto-opening. The only real defining factor is that if it is under 2 inches in blade length it isn't even considered a weapon.

If you don't have a CWP you can openly carry a handgun and have a machete slung across your back as long as you're on your own property.

Some terms. You may see things in the Gun Law section of the SLED website that states: Article 4, Chapter 31 of Title 23: Link Removed

Title 23 - Law Enforcement and Public Safety
Chapter 31 - Firearms
Article 4 - Concealed Weapon Permits

The first section we look at is:

SECTION 16-23-405. Definition of “weapon”; confiscation and disposition of weapons used in commission or in furtherance of crime.

(1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, ‘weapon’ means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death.

SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.

Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.

 

[Red Hat]

The answer is no. You CWP doesn't cover knives. A SC CWP only covers firearms.

SECTION 23-31-210. Definitions.

(6) “Concealable weapon” means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property.

However the 2" blade limit was removed from the law 6/25/2008, Why they drag their feet posting changes on their web site is anyone's guess.

Link Removed

“We have a law,” AKTI lobbyist Palmer Freeman announced late in the day on Wednesday, June 25,
2008.

AKTI’s bill S968 cleared its final hurdle when both houses of the South Carolina legislature voted to
overturn the veto of Governor Mark Sanford. A 2/3 majority vote of members present in both houses was
required for the override.

Since the bill originated in the Senate, the 34 Senators present (of 46 total) started the process. They
voted 33-1 to override the veto. Two hours later, 105 Representatives present (of 124 total) registered
their collective voice with a 93-12 vote to overturn the veto.

The bill becomes law virtually immediately. Here are the pertinent amended sections:
Section 16-23-405 of the 1976 Code is amended to read: … 'weapon' means firearm (rifle, shotgun,
pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal
pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.
(Removes the phrase … “knives with blades longer than two inches”.)
Section 16-23-460 of the 1976 Code is amended to read: …
(C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal
knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a
crime." (AKTI added “knives” to this list to reinforce removing the knife reference in 16-23-405.)
The governor’s veto, as he explained in his veto letter, was not prompted by the knife provision of the bill
that now makes it legal to carry a knife with a blade longer than two inches in South Carolina. The
governor expressed concern that a last-minute firearms carry amendment for lawmakers and state
employees was a demonstration of “self-interest” on their part. He saw his veto as another way to send
a message that he didn’t like the $6 million expenditure on statehouse security equipment that was
already nearly completed.

 

[cha2ga]

so what length knife can you carry now?

where can you carry knives?

can you use auto openers (or is that covered under Federal Law)

 

[Red Hat]

Nothing give a maximum length now. I carry a Kershaw Tactical Blur K1670TBLKST that has spring assist. I've never had anyone question it. It looks like some SC cities have their own laws on knives. http://www.handgunlaw.us/documents/USKnife.pdf
I've always heard auto openers/switchblades are legal to own but illegal to carry unless you have a medical reason to need it. In others words one arm, however I haven't found anything confirming this.

 

[cha2ga]

That's a nice knife. I wished they made it without the serrated edge or maybe I just need to understand why/how to use a serrated edge. I really like tanto blades and Kershaw is tough to beat for the money. Benchmade costs more, but I think it is just marketing as I don't see them as superior.

 

[Red Hat]

I love tanto tips and I only want knives with serrated blades. Serrated blades stay sharper longer than a standard edge. They actually self sharpen to an extent. They work great on cord, leather and plastics because of the sawing action.

 

[FN1910]

Thanks to Red Hat for that notice about the change in knife law. That one had slipped by me. As for a knife being covered by the CWP law I could make some snide comments but I refrain. The CWP in SC only covers those items in the definition by law and nothing else. That is a handgun less than 12 inches long. SC code provides where it is legal to carry a handgun without a CWP. These places include your property, pivate property where you have permission, your real place of business if you are the owner, in a motel room where you have paid rent, while you are hunting or fishing, and other defined places. Please note that in all of these places it does not say either OPENLY or CONCEALED, LOADED or UNLOADED. A CWP does not effect any of these laws. If you have permission to carry without a CWP then it does not make a difference and it only covers handguns. Do not get the handgun, longgun and other weapon laws confused.

A CWP makes it legal for you to carry a handgun concealed by normal wear of clothing in anywhere in SC that is not restricted by the laws covering the CWP. None of the laws covering guns cover knives, blackjacks or bombs. In SC it is called a Concealed Weapons Permit but I refer you back to the definition of a Concealed Weapon.

 

[jlh2003]

On this note, I attended a advanced carry & concelament class this weekend with BELT Training near St george and this topic came up.....SLED does NOT update their website when new statues are updated or changed do not rely on their website for accurate info go to the SC Code of Laws website for the most updated info Link Removed

ALso the two inch restriction does still exist if you are on school property only....I do believe....read for your self if needed

 

[Red Hat]

Thanks for the link but that link doesn't work because of the word 'CODE' in it is capitalized. This one works. Link Removed

 

[bbarton713]

Thanks for the clarification about the knife laws!

 

[cha2ga]

SECTION 16-23-430. Carrying weapon on school property; concealed weapons.

(A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.

This is from the SC Code of Laws link posted by Redhat who does such a great job on this site. So if I get this right, the 2" restriction only applies to carrying on school property. No where else.

 

[FN1910]

This is from the SC Code of Laws link posted by Redhat who does such a great job on this site. So if I get this right, the 2" restriction only applies to carrying on school property. No where else.

Correct

 

[Red Hat]

Here is the correct version of the law.

Link Removed

ARTICLE 5.

MISCELLANEOUS OFFENSES

SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.

(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, "weapon" means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.

(B) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated. Each weapon must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated weapon may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell pistols in this State for a pistol or other equipment approved by the agency, or destroy it. A weapon may not be disposed of until the results of all legal proceedings in which it may be involved are finally determined. A firearm seized by the State Law Enforcement Division may be kept by the division for use by its forensic laboratory.

SECTION 16-23-410. Pointing firearm at any person.

It is unlawful for a person to present or point at another person a loaded or unloaded firearm.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances.

SECTION 16-23-415. Taking firearm or other weapon from law enforcement officer.

An individual who takes a firearm, stun gun, or taser device from the person of a law enforcement officer or a corrections officer is guilty of a felony and, upon conviction, must be imprisoned for not more than five years, or fined not more than five thousand dollars, or both, if all of the following circumstances exist at the time the firearm is taken:

(1) the individual knows or has reason to believe the person from whom the weapon is taken is a law enforcement officer or a corrections officer;

(2) the law enforcement officer or corrections officer is performing his duties as a law enforcement officer or a corrections officer, or the individual's taking of the weapon is directly related to the law enforcement officer's or corrections officer's professional responsibilities;

(3) the individual takes the weapon without consent of the law enforcement officer or corrections officer;

(4) the law enforcement officer is authorized by his employer to carry the weapon in the line of duty; and

(5) the law enforcement officer or corrections officer is authorized by his employer to carry the weapon while off duty and has identified himself as a law enforcement officer.

SECTION 16-23-420. Possession of firearm on school property; concealed weapons.

(A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and 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.

(B) It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.

(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.

(E) For purposes of this section, the terms "premises" and "property" do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic.

(F) This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility.

SECTION 16-23-430. Carrying weapon on school property; concealed weapons.

(A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.

(B) This section does not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and 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.

(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest.

SECTION 16-23-440. Discharging firearms at or into dwellings, structures, enclosures, vehicles or equipment; penalties.

(A) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into a dwelling house, other building, structure, or enclosure regularly occupied by persons. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ten years, or both.

(B) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into any vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ten years, or both.

SECTION 16-23-450. Placing loaded trap gun, spring gun or like device.

It shall be unlawful for any person to construct, set or place a loaded trap gun, spring gun or any like device in any manner in any building or in any place within this State, and any violation of the provisions of this section shall constitute a misdemeanor and be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment of not less than thirty days nor more than one year or by both fine and imprisonment, in the discretion of the court.

SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.

(A) A person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality, the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days.

(B) The provisions of this section do not apply to:

(1) A person carrying a concealed weapon upon his own premises or pursuant to and in compliance with Article 4, Chapter 31 of Title 23; or

(2) peace officers in the actual discharge of their duties.

(C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.

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.

SECTION 16-23-470. Illegal possession of tear-gas gun or ammunition.

(A) It is unlawful for anyone except an authorized law enforcement officer to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or any ammunition, shells, or equipment that may be used in a tear-gas gun or machine. It is lawful for a person for self-defense purposes only to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or ammunition, shells, or equipment for a tear-gas machine or gun, but the capacity of a tear-gas cartridge, shell, or container shall not exceed fifty cubic centimeters nor shall a tear-gas machine or gun have the capability of shooting a cartridge, shell, or container of more than fifty cubic centimeters.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years or fined not more than five thousand dollars, or both.

(C) Except as permitted above, nothing in this section prohibits the purchase, sale, transportation, or use of tear gas for the destruction of insects or rodents if tear gas is not in containers or shells suitable for use in a tear-gas gun, equipment, or machine and if the purchaser has written authority for the purchase and use of tear gas from the county agent of the county in which he resides.

SECTION 16-23-480. Manufacture or possession of article designed to cause damage by fire or other means.

It is unlawful for a person to manufacture, cause to be manufactured, or possess any object or article which is designed to cause damage by fire or any other means to person or property either by ignition, detonation, or other means. It is unlawful for a person to possess any object or article solely for the purpose of causing damage by fire or other means to person or property either by ignition, detonation, or other means.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.

SECTION 16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to commit, violent crime.

(A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.

(B) Service of the five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently.

(C) The person sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. The five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good-time credits or work credits, but may earn credits during this period.

(D) As used in this section, "firearm" means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; "knife" means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.

(E) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60.

SECTION 16-23-520. Use, transportation, manufacture, possession, purchase, or sale of teflon-coated ammunition.

It is unlawful for a person to use, transport, manufacture, possess, distribute, sell, or buy any ammunition or shells that are coated with polytetrafluoroethylene (teflon).

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than five years or fined not more than five thousand dollars, or both.

SECTION 16-23-530. Firearms; possession by or sale to unlawful alien; penalties.

(A) It is unlawful for an alien unlawfully present in the United States to possess, purchase, offer to purchase, sell, lease, rent, barter, exchange, or transport into this State a firearm.

(B) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State a firearm to a person knowing that such person is not lawfully present in the United States.

(C) A person violating the provisions of subsection (A) of this section is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

(D) A person violating the provisions of subsection (B) of this section 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.

 

[FN1910]

(A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.

I was watching the Senate debate over the school weapons bill last year when one senator stood up and aked, Senator do you mean that my employees who are electricians could be arrested for having a piece of electrical conduit on their truck while driving on the school grounds. The Senator who was leading the debate said as the law is written right now yes a plumber or electrician could be arrested for having a pipe on school grounds.

 

[AvidshooterTX]

(A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.

I think a ball point pen qualfies. A baseball bat. A letter opener. A box cutter. A hammer. I could think of more...

 

[Blueridge]

Seems like the Legislative Council would have at least one lawyer who knows middle-school level, English punctuation. It should read:

"...or secondary school property: a knife with a blade over two inches long, a blackjack, a metal pipe or pole...."

But I guess they don't get paid the big bucks for being able to pass the PASS or PAC or whatever it's called now test.

Anyway, thanks for all of the info.