bbarton713
New member
Good question. My guess is that #16 makes it clear that it has to be in a container but I could be wrong. I wrote the guys that wrote the SC Gun Law book and will let you know if they answer and what they have to say.
One would not preclude the other. This is simply a list of acceptable methods of carry. You may carry in the fashion described in (16), or if you have a permit, you may carry in the fashion described in (9b). Realize though that you do not need to carry on or about your person simply because you have a CCW. You need only comply with one (any one) of these provisions.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?
SC only allows you to carry a firearm in the Vehicle in following three places:
1.) Console 2.) Glove Box 3.) Trunk.
If you have a CCP you may then carry on your person in addition to the three listed. IF you out of your Vehicle and female, you may carry in your purse or on your person. Sorry guys, no man bags allowed.
Here is another question, does a jacket or leather vest that includes a holster pocket qualify as a closed container? If I carry in a jacket holster pocket and then take the jacket off and place it on the passenger seat of my car, is this legal?
"...or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle."
You might be able to argue that your vest is a closed container, but that closed container must be in the trunk.
Very well. None the less, the concealed carry vest on the passenger seat would not qualify.The closed container in the luggage compartment is to cover vehicles that do not have a trunk such as SUV's. The luggage compartment is the area behind the rearmost seat. If in your trunk then no container is required but if you don't have a trunk then some kind of gun case is needed.
Car carry is another area where the People's Republic of South Carolina is over restrictive IMHO.
Car carry is another area where the People's Republic of South Carolina is over restrictive IMHO.
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.