Gun in car w/ SC CWP


Red Hat

New member
An integral fastener is where the compartment has a latch that keeps the compartment closed. It doesn't require a lock. Just some way to keep it closed.

It can only be in a console, glove box or trunk and doesn't have to be locked. Firearms can be loaded...one in the chamber and ready to go! There's legislation in work to allow under seat carry in a vehicle.
 

FN1910

New member
"integral fastener" = A device that is part of the case that will hold it closed. A zipper, a latch, a catch, a ribbon if it is sewed on, a string if it is permanently attaqched to the case, a spring that keeps it closed. No the glove box or console do not have to be locked, only that something (a spring) will hold them closed. I don't think gravity to keep your console lid closed counts as an intergral fastener but it could be argued otherwise.
 

kelcarry

New member
I believe that many of you have made it clear that you all agree that a glove box or the console ARE legitimate places to store a firearm and I heartily concur. IMO, there is no question that is what the law allows and all this discussion is just "picking at the bones" of the wording. If you REALLY want peace of mind on this issue just CC as you would on the street. If need be, adjust your CC holster to accomodate sitting in the car or purchase a holster that is designed for same. Wallah!!!--issue settled.
 

FN1910

New member
I believe that many of you have made it clear that you all agree that a glove box or the console ARE legitimate places to store a firearm and I heartily concur. IMO, there is no question that is what the law allows and all this discussion is just "picking at the bones" of the wording. If you REALLY want peace of mind on this issue just CC as you would on the street. If need be, adjust your CC holster to accomodate sitting in the car or purchase a holster that is designed for same. Wallah!!!--issue settled.

A few years ago a certain county in SC decided that if you had a CWP then your guns had to be carried on you and console carry was not an option. Several people were charged with a violation of handgun laws by having a gun in their glovebox or console after getting a CWP. I don't know which county is was other than I heard it was somewhere in the upstate and I don't know how many were charged or waht they were charged with exactly. However the state legislature made the change to be sure that eitehr way was fine. It was an unneeded change as eveyone but this one agency knew it already.
 

SCfromNY

New member
I hope I am not repeating someone but reading all the posts was getting tiresome. It is really simple. . . The law wants a "2 step" procedure. 1. Open container 2. Remove weapon. This is why the under the seat or door slot would not work. I believe the duct taped bag would qualify as well as tuperware.
 

BigBoom

New member
I don't feel like carrying in the unlocked console is too restrictive. Luckily my pickup has a console.
When my CWP gets here I will have one on me and another in the console. I guess that is enough.
Maybe I need another in the glove compartment. The more the merrier.
 

FN1910

New member
I hope I am not repeating someone but reading all the posts was getting tiresome. It is really simple. . . The law wants a "2 step" procedure. 1. Open container 2. Remove weapon. This is why the under the seat or door slot would not work. I believe the duct taped bag would qualify as well as tuperware.

Duct taped bag will not work. That would not be an integral fastener. The two step deal is an old "wives" tale or whatever you want to call it that has neve applied in SC at least in the last 30 years. Some states do have the x-step rule but no SC. An integral fastener is one that is part of the case. Tupperware may work as ithe fastening part is actuallly part of the product snce you have to burp it.
 
I don't think it would meet the 'letter of the law' because the tuperware is not a part of the vehicle like the center console or glove box is.

Keep in mind one difference between CC while driving and having the handgun in either compartment. I the weapon is on or about your person then if stopped by an LEO you must declare it. If the only weapon is in either of the compartments then you are not CCing and you don't have to let the LEO know about it.
 

utimmer43

New member
I don't think it would meet the 'letter of the law' because the tuperware is not a part of the vehicle like the center console or glove box is.
You're confusing two different acceptable locations. The closed container can be a gym bag, brief case, suit case, and as we suspect in this thread, possibly a tupperware container, as long as they have an integral fastener. These containers must be stowed in the cargo compartment. None of these are related to the glove box or center console.
 
W

wolfhunter

Guest
Tupperware Container? Let's be honest. That's the box the Glock originally came in.
 
Well if the gun is in a closed container in the cargo compartment (trunk) then that is about as 'anti-gun friendly' as you can get. It's how I would transport any spares and extras.

but then if it's not for the protection of the children it's for the safety of the police, right? :)
 

FN1910

New member
For some reason this thread seems to have been all over the place with a lot of assumptions. Assuming that you are not prohibited in some way such as a convicted felon, are over the age of 17, not on prohibited property. Also it does not matter whether you have a CWP or not, does not matter if the gun is loaded or not, and doesn not amtter if you have any spare ammo or magaxzines with you. The glove compartment ...... does not have to be locked nor does it even have to have a lock on it. It just has to be closed. The following is the law in SC:

Link Removed


16-23-20-9-(a)

(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

(9) a person in a vehicle if the handgun is:

secured in a:
1. closed glove compartment,
2. closed console,
3. closed trunk,

or (Note the word or, it does not have to be in a container in the trunk)

in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle;

16-23-10

(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.
 

Self Defense CWP

New member
...FN1910 has posted the law. I teach you either carry on your person WITH a valid South Carolina Concealed Weapons Permit OR you have a handgun in your automobile and a current South Carolina Drivers License and you are transporting it in accordance with the law as posted by FN1910, as a citizen of South Carolina. As you can see a valid S.C. CWP holder has the OPTION to carry on your person OR carry as a South Carolina citizen.
It is VERY important to remember what the S.C. law requires of a valid CWP holder: SECTION 23-31-210. Definitions. As used in this article:
(6) “Concealable weapon” means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property.
I respectfully ask that each CWP holder comply with the current law. THANKS!
 

AndeyHall

New member
...FN1910 has posted the law. I teach you either carry on your person WITH a valid South Carolina Concealed Weapons Permit OR you have a handgun in your automobile and a current South Carolina Drivers License and you are transporting it in accordance with the law as posted by FN1910, as a citizen of South Carolina. As you can see a valid S.C. CWP holder has the OPTION to carry on your person OR carry as a South Carolina citizen.
It is VERY important to remember what the S.C. law requires of a valid CWP holder: SECTION 23-31-210. Definitions. As used in this article:
(6) “Concealable weapon” means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property.
I respectfully ask that each CWP holder comply with the current law. THANKS!
I never carry it on my person in my vehicle, and that is for 2 reasons: 1)it's easier to get to from the center console if I need it than from my side, and 2)because then if I'm pulled over I do not have the duty to notify them that I am a CWP holder and that I have guns in the vehicle. I know that is the courteous thing to do, but every time I haven't told them about the gun, they do their thing and we all go on our way. If I do tell them about the gun/CWP, I get treated like a suspect in a crime. Therefore I feel because of my experiences, law enforcement has lost their right to know when I have a gun in my vehicle. And besides, it's not like I ever plan on using it on them, so why do they need to know?
 

AndeyHall

New member
Quick question for you guys. In my CRJ class at Clemson yesterday we were discussing the 4th Amendment and I brought up an instance where I was pulled over and it was one of the few times I told the officer I had a gun in the car. He asked to hold on to it during his traffic stop and I agreed. While he had it, I guess he felt compelled to run the serial number and it popped as a stolen gun. Now I knew this wasn't possible because I bought the gun brand new. Turned out somebody had reported a gun stolen in another state and typed the serial number wrong and I was the lucky winner that matched (why can't I have that kinda luck with the lottery?). Anyways, my professor said that unless you are being investigated for a specific crime in which running the serial number of the gun is relevant, then that would fall under unlawful search and seizure. Anybody know of any law that would say otherwise?
 

NCIC105

New member

  • (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;"


    It leaves a lot of room for interpretation.

    Makes it sound like you could have it in the seat and covered with towel.....Or not.....Clear as MUD.








 

NCIC105

New member
I never carry it on my person in my vehicle, and that is for 2 reasons: 1)it's easier to get to from the center console if I need it than from my side, and 2)because then if I'm pulled over I do not have the duty to notify them that I am a CWP holder and that I have guns in the vehicle. I know that is the courteous thing to do, but every time I haven't told them about the gun, they do their thing and we all go on our way. If I do tell them about the gun/CWP, I get treated like a suspect in a crime. Therefore I feel because of my experiences, law enforcement has lost their right to know when I have a gun in my vehicle. And besides, it's not like I ever plan on using it on them, so why do they need to know?




In SC, you could lose, gun and freedom....The law is very clear...Your feelings don't enter into it...You can test the law if you wish but be ready to pay the price...Even if you are not convicted you will be out thousands to defend yourself.
 

AndeyHall

New member
I never carry it on my person in my vehicle, and that is for 2 reasons: 1)it's easier to get to from the center console if I need it than from my side, and 2)because then if I'm pulled over I do not have the duty to notify them that I am a CWP holder and that I have guns in the vehicle. I know that is the courteous thing to do, but every time I haven't told them about the gun, they do their thing and we all go on our way. If I do tell them about the gun/CWP, I get treated like a suspect in a crime. Therefore I feel because of my experiences, law enforcement has lost their right to know when I have a gun in my vehicle. And besides, it's not like I ever plan on using it on them, so why do they need to know?




In SC, you could lose, gun and freedom....The law is very clear...Your feelings don't enter into it...You can test the law if you wish but be ready to pay the price...Even if you are not convicted you will be out thousands to defend yourself.
I've got a free attorney. The person who confirmed this for me is my Criminology professor who is a licensed defense attorney in SC. According to him, the way the law is written I would not have to inform if it isn't on me.
 

NCIC105

New member
I've got a free attorney. The person who confirmed this for me is my Criminology professor who is a licensed defense attorney in SC. According to him, the way the law is written I would not have to inform if it isn't on me.


Let me know when your court date is, and I will love to attend and listen. It would be an interesting case...As I said my interpretation of the law will not be Officer Smiths.... The law is prevaricates.
 

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