Gun in car w/ SC CWP

[SCfromNY]

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]

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]

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.

 

[blume357@]

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]

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.

 

[wolfhunter]

Tupperware Container? Let's be honest. That's the box the Glock originally came in.

 

[utimmer43]

Tupperware Container? Let's be honest. That's the box the Glock originally came in.

Funny you mention that. If I had to transport in that fashion, that is the very container I would use.

 

[blume357@]

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]

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]

...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]

...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]

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]

• (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]

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]

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]

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.

 

[category4]

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



gf

No, the law say "integral fastener". I don't see duct tape being an integral part of the paper bag. The way the law was explained to me by legal counsel is the weapon must be on or about your person. He said about was within your immediate control.

If you have it on the seat under a rag, hit the brakes and it slides off the seat, it's no longer concealed or about your person. If you have it in a purse or satchel it would have to be readily accessible to meet the about part of the law. In the passenger floorboard would not be about your person according to his interpretation.

You can still store it in the glove box, console, or container in the luggage area of the vehicle.

 

[AndeyHall]

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.

"(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver’s license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars."

How is that not cut and dry? If you are not carrying, you do not have to notify.

 

[AndeyHall]

• (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.
  
  
  
  
  ​
  
  
  

What part of the law did you take that from? Here's the definition I found for "concealable weapon":

(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.

So the rules for identifying yourself as a CWP holder clearly say "when carrying a concealable weapon", which means when carrying a gun in normal wear of clothing. It does not say ANYTHING about "on or about your person", so I'm not sure where you pulled that from.

 

[NCIC105]

"(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver’s license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars."


How is that not cut and dry? If you are not carrying, you do not have to notify.

Like I said let me know when your court date is....