Restaurant Carry Bill

[Double Ought]

South Carolina General Assembly
120th Session, 2013-2014​

H. 3053

STATUS INFORMATION

General Bill
Sponsors: Reps. Taylor, Pitts, Harrell, White, Delleney, Merrill, Clemmons, Bannister, Wells, J.R. Smith, G.R. Smith, Sottile, Hiott, Barfield, Hardee, Ballentine, Toole, Brannon, Allison, Wood, Bowen, Hardwick, Goldfinch, Hamilton, Loftis, Bedingfield, Stringer, Limehouse, Hixon, Kennedy and Henderson
Document Path: l:\council\bills\ms\7029ahb13.docx

Prefiled in the House on December 11, 2012
Currently residing in the House Committee on Judiciary

Summary: Not yet available


HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
12/11/2012 House Prefiled
12/11/2012 House Referred to Committee on Judiciary

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/11/2012

A BILL​

TO AMEND SECTION 16‑23‑465, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE FOR ON‑PREMISES CONSUMPTION, SO AS TO INCLUDE IN THE PURVIEW OF THE STATUTE CARRYING A FIREARM INTO A BUSINESS SELLING ALCOHOLIC LIQUORS, BEER, OR WINE WHEN A SIGN IS POSTED PROHIBITING CONCEALABLE WEAPONS, REFUSING TO LEAVE OR REMOVE THE FIREARM FROM THE PREMISES WHEN ASKED, AND WHILE CONSUMING ALCOHOLIC LIQUORS, BEER, OR WINE, AND TO REVISE THE PENALTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 16‑23‑465 of the 1976 Code, as last amended by Act 274 of 2002, is further amended to read:

“Section 16‑23‑465. In addition to the penalties provided for in 16‑11‑620 and 23‑31‑220, a person is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than two years, or both, if the person:

(1) carries a firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises and which, at the time of the offense, has clearly and conspicuously posted a sign prohibiting concealable weapons on the premises in accordance with the provisions of Section 23‑31‑220;

(2) carries a firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises and refuses to leave or to remove the firearm from the premises when asked to do so by a person legally in control of the premises; or

(3) consumes alcoholic liquor, beer, or wine while carrying a firearm in a business which sells alcoholic liquor, beer, or wine for consumption on the premises.”

SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION 3. This act takes effect upon approval by the Governor.

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[nca_mm]

I'm a country bumpkin. Can you explain this in normal southern dialect, please.

 

[melloyello]

My interpretation ...

If found guilty, must be fined no more than two thousand dollars or imprisoned no more than two years, or both.

No guns places that serve alcohol with legitimate no concealable weapons signage

Leave or remove your gun when asked to do in a places that serve alcohol

Drink alcohol while carrying a gun in a place the serves alcohol

 

[eagleeyes]

i totally disagree with this bill ....i think folks should carry where ever they go ....so long they not intoxicating themselves irresponsibly

 

[kerb]

They are making it legal to carry into a place that sells achohol if there is no sign and if you don't drink while you are there.

 

[kerb]

i totally disagree with this bill ....i think folks should carry where ever they go ....so long they not intoxicating themselves irresponsibly

It is less strict than what we have now, which is no carry period into an establishment that sells alcohol for consumption.

 

[eagleeyes]

folks should still be able to carry where ever they go but if it's better than what you have on the books then go for it esp now being it seems they trying to push for the worse for us

 

[melloyello]

We need to repeal section 465 completely and any other Conceal Carry prohibition that is not already prohibited under the CWP section 23-31-215(M).

If a business posts a legitimate no concealable weapons, then you can't carry there, don't give them your patronage....

SC already has a law making it illegal to use a firearm under the influence of alcohol.

 

[kelcarry]

i totally disagree with this bill ....i think folks should carry where ever they go ....so long they not intoxicating themselves irresponsibly

You did not read what this new bill is all about. You can CC in restaurants that serve alcohol unless and I repeat unless the restaurant follows the guidelines and signage for a business that prefers not to have customers carrying firearms CC. This restriction is in force for all businesses and allows a business owner to make what they consider a prudent decision in their workplace and business--personally I cannot argue with that. Current law does not allow CC in any restaurant that serves alcohol regardless of how you the customer or the owner feels about the issue. As far as I am concerned and I am not a 24/7 CCer, if there is one scenario that I have to pick for wanting the ability to be CC it is those evenings out for dinner and those walks to and from a restaurant when my car is parked in a parking garage or on the street--it is night and I am not near my home and probably "downtown" somewhere where my intuition tells me I am most vulnerable--it is the single most dangerous scenario that I believe I confront in my normal lifestyle and, as of now, I cannot CC legally.

 

[NCIC105]

It's a step in the right direction...We have a way's to go, but it is a step.

 

[nca_mm]

Wonder how long we'll have to wait before this becomes law?

 

[tcox4freedom]

You did not read what this new bill is all about. You can CC in restaurants that serve alcohol unless and I repeat unless the restaurant follows the guidelines and signage for a business that prefers not to have customers carrying firearms CC. This restriction is in force for all businesses and allows a business owner to make what they consider a prudent decision in their workplace and business--personally I cannot argue with that. Current law does not allow CC in any restaurant that serves alcohol regardless of how you the customer or the owner feels about the issue. As far as I am concerned and I am not a 24/7 CCer, if there is one scenario that I have to pick for wanting the ability to be CC it is those evenings out for dinner and those walks to and from a restaurant when my car is parked in a parking garage or on the street--it is night and I am not near my home and probably "downtown" somewhere where my intuition tells me I am most vulnerable--it is the single most dangerous scenario that I believe I confront in my normal lifestyle and, as of now, I cannot CC legally.

I with you Kel. It is high time we get something that would allow us to CC in some of our better restaurants. It's very difficult to spend any time in Charleston or along the Grandstrand and not be faced with the choice of going unarmed or running the risk of finding yourself getting lunch in a place that serves alcohol.

After years of going out to eat with my wife, one of my favorite places to eat just began serving beer at an adjoining bar they purchased. I didn't even realize they had a sliding door into the bar until after I began eating. (The laws here concerning such places are just crazy!)

-

 

[NCIC105]

Letter to representative

You know the Federal Government is slowly trying to kill our 2 Amendment Rights, and each state must enact laws to allow the citizens of the state to keep these rights.
I would dare say you will see people in NY as well as firearms mfg. move out of the state.

I would love to see SC become one on the places of choice for these businesses and citizens...

We unfortunately do not have the time to sit around on these issues we must act quickly so our state is a viable option for them to move to.

We have to demonstrate we are ready and happy to accept them. If we do not act, other states will reap these businesses. As you know, there are a lot of gun mfg.'s in NY and CT.

By relaxing the restaurant carry is one way. Now don't get me wrong I do not support a person sitting at a bar and having a few while he is carrying a gun.

I do support the ability for me and my family to go to a nice restaurant and eat a meal. No drinks involved.

The other thing I would love to see if the same law Florida passed, which allows you to have a gun in your car regardless of what companies say. I feel if you study the case information from states that allow this you will find no incidents where a law-abiding citizen abused this and hurt someone.