Gun in car w/ SC CWP


macy8

New member
Hello everyone,

I have read the laws repeatedly but am still unclear about this:
If I have a SC CWP, can I keep my gun in another place beside the glove box/console/or trunk of my car? The vehicle I'm driving has a tray beneath the driver seat that fits my LCP perfectly. I want to be sure that "concealed carry" allows for this with permit.

Any advice would be greatly appreciated! Great forum, by the way.
Ed
 

At this point in time, I think the answer is no. With that said, I think the intent of the cwp law allows you to.

now, I hope that cleared that up! ;-)
 

SCjeeper

New member
Just an opinion

Hmmmm, I would get an official opinion on this one but the way I understand the law, under the seat is always illegal with a permit or not. Be best to either keep it on you or stick it in a glove box or console.
 
This is where the 'not under the seat rule regardless' has a problem:

I would presume it is legal for a woman (or a man) with a S.C. CWP to carry their concealed weapon in a purse while they are out and about in 'legal to carry' places. So what happens if the person carrying the purse, puts the purse under the seat, or on the seat?

Just another example of the folks making laws that don't work.

Since I go to folks (customer's) homes everday and it is illegal for me to carry in their house with out their permission, I have to leave my pistol in my vehical. It just so happens my vehical doesn't have either a glove box or center console, what to do?
 

macy8

New member
Thanks Jeeper and Blume357...The gray area is quite nebulous regarding piece postitioning!
 

Creeker

New member
I don't get the difficulty.

State Law allows anyone (legal to own one, of course) to carry a pistol in a closed container within their vehicle.

You don't need a CCW to legally carry your firearm within your vehicle in a container.

As a Cop for 23 years, and a Crime Scene/Property Tech for 17, I returned many firearms to owners inside of a closed brown paper bag.

Feel free to await an "official ruling" from the Atty General while you lock up your safety at home.
 
Creeker,
I think you are wrong... this is why I said our law makers are often idiots....

I have been taught that our state's car carry law for a hand gun only allows for carry in the glove box or a center console, no mention of a different type of container..

If you have a CWP you can carry the handgun on your person... technically I don't think there is any leeway with this.

but correct me if I'm wrong... and please quote the law. I understand the 'intent' of the glove/center console law and agree with how you see it...but that doesn't mean some other law enforcement person would or a prosecutor would either....

Keep in mind, as another example... until about two years ago it was illegal for you to shoot a gun on my land. Did not matter if I had invited you over to shoot... according to how the laws were written it was basically illegal...
 

FN1910

New member
Effective as of 5/14/08: A28, R50, H3310

Link Removed

AN ACT TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CARRYING OF HANDGUNS, SO AS TO ALLOW A PERSON TO CARRY A HANDGUN ON OR ABOUT HIS PERSON IN A VEHICLE IF HE HAS A VALID CONCEALED WEAPONS PERMIT.

Be it enacted by the General Assembly of the State of South Carolina:

Carrying of handguns

SECTION 1. Section 16-23-20(9) of the 1976 Code, as last amended by Act 294 of 2004, is further amended to read:

"(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 misunderstanding the blume357 was saying is the reason that this bill was passed. Even though the previous laws said that a permit holder did not have to carry it on their person there were some areas where it was trying to be enforced. To clarify it this bill was passed which says that if you don't ahve a permit you can carry in your console......if you have a permit you can still carry in your console......or on orabout your person.

The deal about it being illegal to shooot on someone else's land is news to me. I have never heard that.
 
So, as I read the ammended law if you have a concealed permit you still can't have the hand gun anywhere else besides either on your person or in the glove box or center console... the closed container part is just for the luggage compartment as I understand the way it is written... still does not address a purse.
 

FN1910

New member
I am not sure how you are reading it but you give up no method of carry by haveing a CWP. The changed was based in that incorrect interpretation. If you have a CWP you can have your gun any place that you would without a CWP plus on or about your person. You don't lose anything with a CWP.

About the purse thing. Because the law does not directly address it there was a ruling from the AG (I don't have it available but have seen it) that a purse, briefcasse etc. is a proper form of carry. The original question for the AG wa concernig ladies being legal when carrying in a purse and the interpretation was that on or about your person was legal. This also includes sitting on the seat beside you in a car as long as it is covered up.
 
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macy8

New member
I don't get the difficulty.

State Law allows anyone (legal to own one, of course) to carry a pistol in a closed container within their vehicle.

You don't need a CCW to legally carry your firearm within your vehicle in a container.

As a Cop for 23 years, and a Crime Scene/Property Tech for 17, I returned many firearms to owners inside of a closed brown paper bag.

Feel free to await an "official ruling" from the Atty General while you lock up your safety at home.

The difficulty for me is the ponderous, double-speak language of the law. I'm an English teacher, so I'm at least semi-literate, but having never attended law school, the legal explanation is like an ancient riddle. Obviously, I'm not alone...Seems like we are still at least a little vague.

BTW,nothing will be "locked at home..." Gun will travel regardless.

I believe I will skip the under-seat drawer and cover the weapon with a clean cloth on the passenger seat when I'm driving in the 'hood (most of Charleston.) I will keep it in console under normal driving circumstances... Thanks for the input, everybody. Wherever your gun is in the car, be safe.
Ed
 

Creeker

New member
The law has read "closed container" for years.

The "closed container" has never been defined as far as I've ever known.

Outside of an Inventory of your vehicle or some other circumstances, a LEO cannot go into a closed container outside of a Search warrant.

I'd prefer that you not carry it under a rag on your seat, just for the simple safety issue alone. I don't care how conscientous you are, you will at some point need to get out of your car (gas pump?) and forget all about it, or create a stir when you accidentally display it while you are securing it.
 

FN1910

New member
The law has read "closed container" for years.

The "closed container" has never been defined as far as I've ever known.

Outside of an Inventory of your vehicle or some other circumstances, a LEO cannot go into a closed container outside of a Search warrant.

I'd prefer that you not carry it under a rag on your seat, just for the simple safety issue alone. I don't care how conscientous you are, you will at some point need to get out of your car (gas pump?) and forget all about it, or create a stir when you accidentally display it while you are securing it.

Actually the closed container was defined by the AG about 25 years ago and as far as I know still followed. The local Captain of the HIghway Patrol spoke at our safety meeting many years ago and said that the closed container was a latched satchel. This means any case with some kind of latching mechanism even a zipper. It does not have to be locked but only latched. As long as something besides gravity holds it closed then it meets the requirements but a brown paper bag would not. This is only for the container definition so whateve else is called for be careful.
 
My biggest problems with this whole legaleze thing is two fold:

first if a LEO makes the decision that you are breaking the law there is not much you can do at the moment but cooperate... So, first impressons are probably the most important part of any encounter.... once an officer decides your are breaking the law and is going to arrest you... the debate is not going to be between you and them but your lawyer and a DA and judge or at the very leat someone higher up and further down the line... best to not to get to this point.

2nd problem I have is I've lived my whole life in S.C. I grew up in rural S.C. where just about everyone had a gun in the car. I know I carried one in my car all the way through highschool. I often carried on my person when out and about and always carried when out in the woods. Back in the 70s it was normal to come around a curve and there were 5 or 6 highway patrol'men' doing a license check... more often than not I had guns laying out all over the place... no body thought about it.
 
Actually the closed container was defined by the AG about 25 years ago and as far as I know still followed. The local Captain of the HIghway Patrol spoke at our safety meeting many years ago and said that the closed container was a latched satchel. This means any case with some kind of latching mechanism even a zipper. It does not have to be locked but only latched. As long as something besides gravity holds it closed then it meets the requirements but a brown paper bag would not. This is only for the container definition so whateve else is called for be careful.

What about a brown paper bag that's sealed with a piece of duct tape? Can't help the "MacGyver" in me. :wink:



gf
 

FN1910

New member
My wife has some off brand "tupperware" that the lid actually has catches that snap on rather than the normal pressure fit that tupperware uses. I would assume that the ones with the catches cover the AG opinion technically whether or not it meets the spirit of the opinion. As I said the opinion was issued about 25-30 years ago but the laws haven't really changed so I would think it still applies. I am sure the judge would let us know if it does.
 
Solution is simple.... include in the tupperware or what ever container you are using... a glove. Just a cheap simple cotton glove and you have met the wording of the law because the handgun is being kept in the "glove box."

Hows that for internet lawyering?
 

FN1910

New member
Solution is simple.... include in the tupperware or what ever container you are using... a glove. Just a cheap simple cotton glove and you have met the wording of the law because the handgun is being kept in the "glove box."

Hows that for internet lawyering?

Makes as much sense as a lot of things I read on the Internet. :06::bicycle:
 

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