Is it a REQUIREMENT

[cha2ga]

for a South Carolina CWP holder to declare the weapon and turn it over to a State, County, or city law enforcement officer when being pulled over for a traffic stop, boating stop, or on the way to or from a place of hunting or fishing?

Obviously, I know it is good form and protocol to identify yourself; but, it is a REQUIREMENT? How about turning over your weapon?

TIA,
PM

 

[Gamecockfan1963]

Is it a REQUIREMENT

It is required to inform an leo,,but you would surrender only if you are told too

 

[bbarton713]

It is a requirement to provide your CWP if approached by an LEO and they ask for identification:

(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.

It is not a requirement to surrender your weapon but as I found out during my recent traffic stop that doesn't mean all LEOs know that it isn't and you may be asked to surrender your weapon. Knowing what I know now, I would ask any LEO that asked me to surrender my weapon to contact their supervisor and have them join us at the stop.

 

[mrjam2jab]

It is a requirement to provide your CWP if approached by an LEO and they ask for identification:

(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.

So it's only IF the LEO asks for ID...as opposed to, say in North Carolina, a carrier must inform "when approached or addressed".

 

[kelcarry]

hey mrjam2jab: These days with computer bases, it is probable that now or in the future your driver's license may also be tied to your CCWP. If he should ask for your license do not expect him to be so nice if he knows you have a CCWP and do not show it with your license--if you are CC I believe you are obligated to indicate same and present the CCWP whether he asks or not.

 

[bbarton713]

So it's only IF the LEO asks for ID...as opposed to, say in North Carolina, a carrier must inform "when approached or addressed".

Yes, that's correct based on SC state law. However, you're now going to see the gambit of replies that suggest you only tell an LEO what you are legally obligated to tell them OR you want the LEO to feel safe and know that you're a good guy so you should inform him/her regardless.

 

[clintj]

So as a non-CWP holder who usually carries my weapon in my cars glove box the question is am I legally obligated to tell an officer anything if I was stopped for a traffic violation?

Since the law only deals with CWP holders I shouldn't legally have to, correct?

 

[bbarton713]

No, unless you have to open that glove box to retrieve your license, registration, or proof of insurance.

(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;

 

[Glock Fan]

So as a non-CWP holder who usually carries my weapon in my cars glove box the question is am I legally obligated to tell an officer anything if I was stopped for a traffic violation?

Since the law only deals with CWP holders I shouldn't legally have to, correct?

Just be sure the officer doesn't find out some other way (like the gun falling out of the glove box when you retrieve your paperwork). Sounds like something pretty obvious, but many people fail to realize that it's best to keep their paperwork (registration and no-fault insurance documents) in a compartment separate from their firearm.


gf

 

[6shootercarry]

I would inform first. I would never have it out in my hand or begin reaching for it before informing the LEO. I would hand him the LTC along with my drivers license and tell him where it is and ask him how I should proceed if was asked to exit the vehicle. If they have no issue with you keeping it where it is then keep it there.

My uncle Bob was a captain with the NY state police. He retired in 1980 or 81 if I recall, but he had some interesting stories about dumb people and how close they came to getting killed. One he mentioned was the guy that he pulled over and was carrying the gun in a shoulder holster. Instead of informing the officer the guy started to say "oh by the way" and was reaching for it. My uncle saw the end of the grip and almost broke the guys cheekbone with the barrel of his service revolver. I think I would rather skip that step in a routine traffic stop.

If you have to open the glove box or console to retrieve any required documents requested by the officer and you have a weapon in there, you had best inform them then ask how you should proceed. Let them choose. It's just survival. I would rather be alive and free than dead or under arrest for assault with a weapon. I agree with GF in that if you store a firearm in the vehicle, keep the documents in another place to avoid that situation especially if others operate the vehicle and may be unaware. The police have enough crap to deal with, and get very jumpy when weapons are present. I know a few and although the words differ, the one single theme is the same.
"At the end of my shift I will be the one going home whatever it takes."
Is that not the same way we all feel?

Peace

 

[mappow]

Being in SC, I'm bound by Law if I CC and an officer identifies himself (if not in uniform with ID) as such I must inform him I'm CC. STOP don't do anything else until directed. Don't reach for your permit. Wait and let the Office decide the next course of action and follow his direction. As for carrying in the vehicle, great suggestion of placing doc's in separate area the weapon. Also, in SC unless asked, you do not have to declare a firearm in the vehicle. Again, unless asked. I have reservations about answering him about a gun in the car. Would depend on the reason for the traffic stop. Most LEO's will state it's for office safety.

 

[blume357@]

Actually I think you are slightly wrong with the above... not if an officer identifies him or herself but if they ask you to 'identify' yourself. This by asking for your identification, then you need to inform them. the best way I've found to do this is when you hand them your drivers license or state I.D. you include your Concealed Weapons Permit too. I think the visual permit is a much better way to inform them you are carrying than trying to tell them you have a gun on your person.... the officer sees the permit ... processes the information in his or her brain and then determines to ask you if you are carrying... I think this is easier and less likely to cause problems.

As for the turning over your gun.... I will do it (and have) because I don't feel I'm in any danger and it's kind of silly not to. Will just take more time.... the last time I did I unloaded it before handing it over though. 90% of the time when I hand over my carry piece I still have a 'non carry' piece legally secured in the vehicle anyway... which by S.C. law I don't have to declare.

It's all politicians trying to out think crooks anyway. If the LEO was in danger from me they would never get to the point of even asking for my identification.

 

[bbarton713]

When I was stopped it was silly to ask me to unholster my Glock and hand it across the car, over my wife's lap, and to the LEO. If that LEO wanted me to use my pinky and thumb to hand it over he probably wouldn't have liked me putting two hands on the weapon to make it safe before handing it over.

I spoke to the LEO's supervisor and he agreed.

 

[kelcarry]

hey bbarton713. Comments well taken. I tend to think that many of this forum's members probably know more details about the gun laws in their state than the LEOs who work for that state. This is probably where some of the "rub" comes from, particularly when an ill-informed LEO makes a request that you know is wrong or just defies common sense and firearm safety. It still comes down to the fact that an LEO has stopped you for a violation, he is only human and must have some concerns about who or what is in the car, and is now exhibiting bad judgement with regards to the firearm laws, firearm handling and firearm safety. It is up to each of us to weigh our responsibilities as a traffic law violator against a sensible and correct firearm understanding, and still be accomodating and respective of the man with the badge. It probably can be a tough call. Personally, particularly when I am CC, I obey all traffic laws--then the matter is essentially moot. In my case, as stated before, in 50 years of driving a car, I have had only 3 traffic stops, which statistically, is essentially none. I read some of these posts and read about multiple stops and really have to shake my head and wonder why some of them even have a CCWP--if you cannot obey the traffic laws, you are suspect in my book.

 

[bbarton713]

Great point, Kelcarry, in terms of following traffic laws. I usually use cruise control on that road because the speed limits change in odd spots. On the day in question I wasn't using cruise control and was speaking to kids in the back seat of the car, a bad combination.