Gun in car w/ SC CWP

[Glock Fan]

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?

How's about a gun in a brown paper bag INSIDE the said "tupperware". :invision:



gf

 

[Creeker]

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. ....

With all due respect, for a great while, promotions within the Patrol were made... as with many agencies at the time... on cronieism... and not so long ago in this great state appointments to SLED and the Patrol were made by Democrats who feared that passing a more available CCW would lead to "streets filled with blood"... an actual quote that I heard from a SLED Agent who was sitting in the same Homicide Investigation class as I was the day that the "new" CCW law was enacted.

In those days, (these, too ) "Bosses" of any Agency would have done and said whatever they could to dissuade civilians from carrying in their vehicle, and to make a firearm more difficult to retrieve would have been the goal. These days, I'd be surprised if you got any grief from the average Cop over carrying in a zippered gun rug... well, maybe if they had an agenda.:icon_twisted:

A container is a container, IMHO.:bigsmile:

 

[FN1910]

With all due respect, for a great while, promotions within the Patrol were made... as with many agencies at the time... on cronieism... and not so long ago in this great state appointments to SLED and the Patrol were made by Democrats who feared that passing a more available CCW would lead to "streets filled with blood"... an actual quote that I heard from a SLED Agent who was sitting in the same Homicide Investigation class as I was the day that the "new" CCW law was enacted.

In those days, (these, too ) "Bosses" of any Agency would have done and said whatever they could to dissuade civilians from carrying in their vehicle, and to make a firearm more difficult to retrieve would have been the goal. These days, I'd be surprised if you got any grief from the average Cop over carrying in a zippered gun rug... well, maybe if they had an agenda.:icon_twisted:

A container is a container, IMHO.:bigsmile:

The zippered gun rug was exactly what Capt. (can't remember his name) was talking about. The big point was that whatever container was used it did not have to be locked with a key. All of this is like the problem with a certain county refusing to allow a CWP holder the same rights as a non CWP holder resulting in the law specifically stating that you can carry on or about your person in a car with a CWP.

 

[blume357@]

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

Oh, so true FN1910,

We can all agree on something but it won't matter a twitch when you are standing in front of a judge and have already spent a couple of grand on the lawyer standing beside you.

I have a friend who lives in Colorado, (moved from California) who claims the U.S. government is not real... that it no longer exist...he doesn't have to pay taxes because the IRS is an illegal agency, his dog doesn't have to be on a leash when he walks it because he also doesn't recgonaize the local government....

far be it for me to call him a nut job... my point is all his arguements and 'facts' can look good when you are sitting around discussing them over a beer...but when they haul your ass in front of a judge after you've spent the last 23 hours in a cell with the scum of the earth... the judge, a paid employee of said fake government, ain't gonna be kind.

I hate to say it; these days,even if you are a sheep dog, prepared to protect you and your own at any cost... or even if you are a wolf... looking for sheep, it is best to go camoflauged as a sheep.

 

[Ektarr]

Hiya!

I'm going to be heading for South Carolina Saturday. Be there a little over a week. I've been following this thread and, sorry to say, I find it a little confusing. Let me ask a simple question and see if I can clear it up in my head...

I currently reside in New Jersey. I have a Florida Non-Res CCW. That's all I have. I gather from what I've read here that I -AM- allowed to carry a loaded pistol in the center console of my car - which is a closed container that closes with a latch - but I am -NOT- permitted to carry, open or concealed, on my person while walking around.

...that about it?

Once I move (please God that I live long enough and have it happen soon enough that I can actually enjoy it!) I'll be securing a SC CCW, but I can't afford the time to take the class just yet. Maybe soon.

Thanks in advance.

 

[FN1910]

Hiya!

I'm going to be heading for South Carolina Saturday. Be there a little over a week. I've been following this thread and, sorry to say, I find it a little confusing. Let me ask a simple question and see if I can clear it up in my head...

I currently reside in New Jersey. I have a Florida Non-Res CCW. That's all I have. I gather from what I've read here that I -AM- allowed to carry a loaded pistol in the center console of my car - which is a closed container that closes with a latch - but I am -NOT- permitted to carry, open or concealed, on my person while walking around.

...that about it?

Once I move (please God that I live long enough and have it happen soon enough that I can actually enjoy it!) I'll be securing a SC CCW, but I can't afford the time to take the class just yet. Maybe soon.

Thanks in advance.

Correct.

1. Console or glove compartment is fine.
2. No walking around with one. (Openly is verboten, concealed with permit)
3. No reciprocity with FL yet and when it comes only for FL residents (No non-resident)
4. Loophole - You can carry on your person while on the way to and from hunting or fishing if you have a hunting/fishing license.:amuse:

 

[Ektarr]

FN: GREAT!! Thanks! Now...one more leeetle clarification . . .

#4: I'm leaving the car and heading for the hotel room . . .What're my options?
Can I "carry" it into the room?
Can I HAVE it in the room??

 

[RPinSC]

You are allowed to carry the firearm to your residence, in this case the hotel, and you are allowed to keep it there with you in the room.

 

[blume357@]

Rp in SC is correct... you are allowed to carry the pistol concealed to and from your hotel room... and keep it loaded and where ever you like in that room... even wear it open.

Not that it matters to most visitors but also be aware that say you came to visit me... if I give you permission you could carry either open or concealed while on or inside my property...

 

[kelcarry]

It would be my understanding that "on or about your person" is the key phrase, as to what a CCWP person can do with a firearm in their car. What exactly is the "about your person" part actually mean? "On your person" is fairly obvious. Locked up in your car trunk, console, etc is also obvious. But what exactly is "about"? I submit that if the firearm is under a ball cap on the seat next to you or under your seat and you are a CCWP holder, the firearm is "about" you and it is allowed. Comments please. Am I wrong?

 

[bbarton713]

I would imagine that about might be related to a purse or briefcase and that has been addressed by the Attorney General of this State in one of his opinions that aren't law but carry the weight of law.

Link Removed

You can check out this link to see what all the SC state laws are regarding handguns and concealed weapons. You can not have a gun on the seat next to you, under your seat, or in any other location other than what is specified in the law, namely:

(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;

Basically, keep your driver's license, registration, and proof of insurance in a different place than where you store your handgun.

 

[melloyello]

I would imagine that about might be related to a purse or briefcase and that has been addressed by the Attorney General of this State in one of his opinions that aren't law but carry the weight of law.

Link Removed

You can check out this link to see what all the SC state laws are regarding handguns and concealed weapons. You can not have a gun on the seat next to you, under your seat, or in any other location other than what is specified in the law, namely:

(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;
.

How does that work when you drive a regular pickup truck?
Especially when you have a few of them going to the gun range?

 

[kelcarry]

Hey bbarton 713: Thank you very much for your answer. Would also appreciate an answer to melloyello's question. My added questions include: The rulings you discussed do not seem to differentiate between a CCWP owner and a non-CCWP owner. I assume a CCWP owner can have the gun on his body like he walks down the street--correct?---but that means his firearm is not locked up. Why in heavens name do they use the language "on or about"? What in the heck is "about"? Sure does not sound like "locked in a trunk or a glove box". I understand that the AG has said his piece, but it really isn't law (I also understand that I am not about to be the guy to spend thousands to prove him wrong)--is anyone in SC trying to truly codify what in the world our gun laws are all about--ie carrying in a premises that serves liquor for profit--I understand a bar, but do not understand going to a restaurant for a nice dinner and finding myself CC-less as I walk with my wife at 10PM down a dark street to get my car. Again I appreciate your replies--nice thing about this forum are the number of knowledgeable people who respond with concise to the point answers.

 

[blume357@]

Ultimately it is subject to interpretation by the LEO that 'discovers' it. I usually carry my pistol in a carry on bag.... big purse with lots of other stuff in it. As I understand the 'intent' of the law this is legal... under your base ball cap on the front seat is really pushing it... but then how hard is it to put it in the glove box or center console if a blue light comes on?

 

[kelcarry]

Hey blume357: Thanks for reply. Just using the baseball cap scenario as having it covered and not in a closed container--ie glove box. I would assume that having some kind of "car holster" that fits somewhere in your driver "cockpit" area is also a no no since it is "visible". I guess the way the law is written "on your person" is meant for CC and "about your person" has been ruled the closed glove box et al.

 

[melloyello]

Ultimately it is subject to interpretation by the LEO that 'discovers' it. I usually carry my pistol in a carry on bag.... big purse with lots of other stuff in it. As I understand the 'intent' of the law this is legal... under your base ball cap on the front seat is really pushing it... but then how hard is it to put it in the glove box or center console if a blue light comes on?

It's not a big purse, its a satchel:yu:

The section of the code I have a problem with is "in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle;"

Blume357, when you carry your pistol your "satchel", where is the integral fastener?

Is the zipper on range bag an integral fastener? Same with a gun rug and your satchel?
I obviously don't have a luggage compartment in my trunk unless the uncovered bed is considered a trunk.:fie:
-- that's not happening --

Every glove box already has a pistol, can't fit two pistols.:no:

 

[Unfettered Might]

"about your persons" simply means accessible to you with little effort.

Basically anywhere inside the interior of a car or the interior of a room that you are currently in.

Although it's 99% pointless to even have a firearm if you do this, but no matter where you live you are allowed to transport a firearm if;

1) You are traveling from one location where you may legally possess the firearm to another location where you may also legally possess the firearm, within a states borders still counts.

2) The firearm is unloaded and in a separate compartment or if a separate compartment is not available, in a locked container. Loaded clips can be with the firearm.

Some of you that find yourself in states that don't reciprocate your CCW or don't allow OC can use that to at least still have your gun with you.

 

[blume357@]

Under the seat is not 'about your person'... at least the law makers have decided that.....

until they change their minds...

 

[kelcarry]

I would like to thank those of you who have answered or attempted to answer my questions and are still stuck with ambiguous language like "about your person". I guess I will just keep my loaded weapon on me while in my car, per CC requirements, and stay away from any ambiguity. As far a being a passenger in a pickup with 3 other guys as we go to the gun range, my appreciation of the SC comments and laws are that we can have the unloaded firearms in the cabin of the pickup in their respective cases with ammo also in the case but not in the firearm (or can the ammo be in the firearm since we are all CCWP holders and the firearms are in a closed case).

 

[badarac]

I appreciate all the great comments here but I have a little different twist to this topic. The following sections specify how a handgun can be carried:
SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

(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;


(16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.

Since they have added 9b allowing concealed carry by cwp holders does it then preclude concealed carry by cwp holders on a motorcycle because it's not specifically mentioned? If I'm on the bike am I required to put the gun in a saddlebag?