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;"
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 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.
What about a brown paper bag that's sealed with a piece of duct tape? Can't help the "MacGyver" in me. :wink:
gf
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?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?