First LEO Encounter

[sFe]

I have a NC CHP and was driving home from the inlaws in North Myrtle Beach SC when I was pulled over in Nichols SC by a Sheriff's Deputy. To the best I could understand he said I was tailgating my wife (who was behind me?) and that led him to believe i was speeding. I immediately told him I had a handgun and permit and he asked me where it was and proceeded to unload it. He then misinformed me that it must be unchambered and in the glove box. I asked him even with a conceal permit and he said yes. He was being very nice and I couldn't remember the exact statue but I knew you could carry in the glove box loaded even without a permit, let alone anywhere else concealed with one , so I didn't push the issue. The stop lasted all of five minutes. I believe the reason he stopped me was either fishing or looking for someone. He looked at my license but didn't call it in.

Now looking at the statue I think my gun may have not been concealed enough but that doesn't make him any less knowing of the law. I keep it in a holster that's strapped under the steering column, with me in the vehicle I think it would be very hard to see from the outside.

(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;


All in all it was a fast and professional encounter.

 

[Stealth]

he said I was tailgating my wife (who was behind me?)

come on... you were showing off for the lady by driving in reverse all the way home werent you... :biggrin:

no, but good job on not pushing the button when he tried to bait you. i think most cops just test a persons self control level which you proved to be good. i wish all encounters to be the same.

 

[Islander]

Glad it went ok. I think you reacted with good composure and insured the situation didn't escalate.

You were definitely in violation of both your concealed carry permit and SC law for carrying a handgun in a vehicle, as the item was neither concealed nor "about your person" as defined by the law. It must be both to be legal for concealed carry. And "about your person" (notice it is not written "on or about your person" as you wrote in your post) means essentially attached to your body (in your pocket, hand, waistband, holster, etc.). If you aren't carrying the weapon, it must be in a closed glove or in the trunk. I suspect you pulled that language from a paraphrased version on a non-official website.

Of course the gun can be loaded or unloaded as there are no prohibitions in the law requiring an unloaded weapon in the car. I'm glad the LEO let you go!

LINK TO FIREARMS LAW: Link Removed

More on carrying in a vehicle in general:

SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

(9) a person in a vehicle if the handgun 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; 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;

SECTION 16-23-10. Definitions. (PROVES THAT YOU CAN THROW YOUR GUN IN THE BACK OF THE FORD EXPEDITION, ETC., AS LONG AS IT IS "in a closed container secured by an integral fastener")

(10) “Luggage compartment” means the trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term “luggage compartment” refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term “luggage compartment” refers to the area behind, but not under, the rearmost seat. In a truck, the term “ luggage compartment” refers to the area behind the rearmost seat, but not under the front seat.

LINK TO CONCEALED CARRY LAW: Link Removed

 

[sFe]

Looking at the law again I guess I did interpret it wrong.. next time I'm in SC I'll just leave it on me.

 

[bdlove]

Looking at the law again I guess I did interpret it wrong.. next time I'm in SC I'll just leave it on me.

Thats the best thing to do. But thats just my opinion!

 

[Islander]

Thats the best thing to do. But thats just my opinion!

Mine too!

 

[Chief1297]

I am really glad you brought this up as I travel to Myrtle Beach all the time from NC. Thanks for this post!

 

[oldbanjo]

You are lucky, but one thing that I have written several times on this site, is the Police in SC DON'T know the Law. I have a copy of the Law, in the Van, for my Girlfriend. She has a CWP and works at a School.

 

[Feldon22]

oldbanjo is right....A friend of mine is a detective in a surrounding county, and he recently had to give a presentation on the handgun laws of SC. Most of the cops scored out at about 72 percent. I'm glad the stop went well for you.

 

[JSDinTexas]

PRO: not confronting the officer to any degree no matter what you think is right or wrong

CON: not knowing, or fully understanding, concealed handgun law