Gun in car w/ SC CWP


category4

New member
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

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.
"(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

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.








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

New member
"(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....
 

NCIC105

New member
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.


Look at page 4...Read the page, and you will see what I was commenting on....


Glad to help.
 

AndeyHall

New member
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.


Look at page 4...Read the page, and you will see what I was commenting on....


Glad to help.
I see what you're saying now but my professor confirmed that the laws that are written specifically for concealed weapons holders would trump any contradictory miscellaneous laws. Therefore, if the part about identifying yourself as a CWP holder does not state that you must do so regardless of where your gun is, then as long as the law states what it states then you do not have to identify yourself as a CWP holder UNLESS you are CARRYING A CONCEALABLE WEAPON. And as per the definition they give of a concealable weapon, it must be on your person to apply as such.

And as long as I know I'm within my rights, I'll gladly spend whatever I have to defying our government of the rights they try and strip away from me. My opinion is that complacence and fear of standing up for your rights is the reason Feinstein and Obama are getting away with all the crap they are to begin with. You have to be willing to push back and fight for your freedoms no matter what the costs, or you might as well go turn in your guns tomorrow.
 

NCIC105

New member
I just think our law in SC need to be clearer..Lot of room for opinions......

I would not want to see a citizen caught up in this confusion and have to throw a few "G's" away to defend himself.....

I don't really worry too much about it as i fall under HR 218 for retired LEO so it does not really apply to me....
 

AndeyHall

New member
I just think our law in SC need to be clearer..Lot of room for opinions......

I would not want to see a citizen caught up in this confusion and have to throw a few "G's" away to defend himself.....

I don't really worry too much about it as i fall under HR 218 for retired LEO so it does not really apply to me....
And hopefully when I graduate I'll be active LEO so myself included.
 

AndeyHall

New member
I had to laugh a little just now because I kinda took a step back and looked at the whole scope of this "duty to inform" argument and I couldn't help but find it humorous that if not informing an officer that you are a CWP holder, whether deliberate or you just don't think to, is the worst thing they have to worry about that day, I'd say we live in a pretty good world!
 

NCIC105

New member
And hopefully when I graduate I'll be active LEO so myself included.

Good luck in your quest...One piece of advise I would pass on to you is stay humble and always remember to treat every citizen with respect until he shows you he does not deserve it...
 

AndeyHall

New member
And hopefully when I graduate I'll be active LEO so myself included.

Good luck in your quest...One piece of advise I would pass on to you is stay humble and always remember to treat every citizen with respect until he shows you he does not deserve it...
That's one of the biggest motivations for why I want to go into the field. Aside from the fact that I feel it is what I have been called to do, I want to set an example to people of how they should expect an LEO to conduct themselves. I have heard every excuse in the book but the fact of the matter is, if an officer cannot do their job without belittling everyone they come in contact with then it simply is not the career path for them.
 

NCIC105

New member
That's one of the biggest motivations for why I want to go into the field. Aside from the fact that I feel it is what I have been called to do, I want to set an example to people of how they should expect an LEO to conduct themselves. I have heard every excuse in the book but the fact of the matter is, if an officer cannot do their job without belittling everyone they come in contact with then it simply is not the career path for them.








Then you should do well and set the example for the younger officers as they come into the field...There are more than enough punks in the field that need to be weeded out.


Try not to live in a Black & White world...There are shades of Gray...Took me a good while to realize that.....
 

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