But you're not required to notify of the permit if you don't have a gun.....so isn't it kind of a given that if you're notifying of a permit then obviously you have a weapon?
Well... No! A lot of people are told by their CWP instructors, the local cop or internet lawyers on forums such as this one that if they possess a CWP that they have to notify/show it to a cop if they have any interaction with them. And that information is wrong on two counts.
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First, if you're not carrying at all (and why would you do that?) or if you aren't carrying pursuant to your CWP you don't have to produce your CWP. Examples of not having to notify because you're not carrying pursuant to is if you're pulled over by a cop while driving and your gun is in one of the designated "safe" areas in your vehicle or if a cop wants to "see some ID" while you're on your own property. That second example brings up other civil rights issues that I won't go into on a firearms forum.
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Secondly, 23-31-215(K) tells us you only have to notify/produce your CWP if the cop identifies himself as law enforcement (being in uniform is considered sufficient notification)
and he requests identification. If both criteria are not met you don't have to tell them diddly squat. So you can hang around at the donut shop all day long talking to cops, and unless one of them has probable cause to ask for your ID you don't have to notify.
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I know I'm over simplifying this but I know for a fact that some folks still either won't or don't want to get it.
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Finally, in any interaction you have with the law, the best thing you can do is keep your mouth shut. In South Carolina you are under no legal requirement to answer any questions or to allow them to search yourself or your property without either reasonable articulable suspicion (PC) or a warrant. And if a cop asks you to see some ID, and if you are carrying pursuant to, don't blurt out "I have a gun". Simply hand them your CWP and shut up. Remember, you have the right to remain silent, make sure you have the ability...
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23-31-215(K) - A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
