SC - Concealed Carry in Church

[bbarton713]

I'm wondering if the line in the SC state gun laws is more about separation of church and state than any other reason:

(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;

With that being said, does anyone know if it is legal to carry a concealed weapon on church property, if permission has been given, regardless of whether you have a CWP or not?

I've applied for mine but have around 80 more days to wait until I get my permit back in the mail. I've been given permission to carry at church and wonder if I can carry there like I do at home.

 

[MADnMO]

I'm wondering if the line in the SC state gun laws is more about separation of church and state than any other reason:

(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;

With that being said, does anyone know if it is legal to carry a concealed weapon on church property, if permission has been given, regardless of whether you have a CWP or not?

I've applied for mine but have around 80 more days to wait until I get my permit back in the mail. I've been given permission to carry at church and wonder if I can carry there like I do at home.

I am not a lawyer I only play one on TV.

However my guess would be that if you are allowed to have one in your home you should be allowed to at church since it is private property and you have permission from the church.

 

[bbarton713]

Thanks for your thoughts on this. The law is somewhat ambiguous but I think that as long as I have permission in the church it is ok.

 

[FN1910]

There are two statutes that may cover this but I don't know which one would apply.

(8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;

(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;

Since a church would not normally be considered a business I would think it would fall under (8) instead of (13) so without a permit you would be fine as long as you have permission. You need to take into account that both of the above statutes are not just for CC but for OC as well. I would think that as long as you have permission and CC so no one gets upset that you would be fine even if there were a tragic case where you had a need to use it. Since IANAL or Judge and I doubt that anyone could tell you for sure except the SC Supreme Court in an actual case use your best judgement and good luck.

 

[bbarton713]

If I carry there it will be concealed and just pray to God that I never have a need to use it.

 

[GeneralSumter]

FN, good to point out (8) and (13). However, churches (and other religious entities) are non-profit organizations, which is a type of business. The church has its own Tax ID Number, receives income, and spends income. Regardless, if bbarton has obtained permission from those who "legally control" the church, then he would most likely be ok in carrying.

But I would get it in writing, because pastors, deacons, elders, whatever, change all the time. And like FN said, it really boils down to a SC supreme court judge and his/her interpretation of the law.

:hang3:

 

[glock36]

You should probably make sure your church knows before hand that you dont have your ccw permit as of yet just to make sure there wont be a problem if incase you actually do have to use it " God forbid " Cover your 6 at all times

 

[FN1910]

Churches are not exactly non-profit organizations as they can make a profit but do not have to pay taxes. They do have to pay sales tax I think but not property taxes or income taxes. They do have to pay taxes on salaries etc. Therefore they are different than your standard non-profit or elemosonary organization. Fact is I don't know how it would be ruled. leasantry:

 

[shhmitty]

If things turn bad in a church then who is the courts going to deem the appropriate church official, not picking apart anything but if you get permission from the pastor and the court says the deacons then your screwed, another very grey area

 

[JasonE]

I am not sure about SC laws but there were a couple of things that I thought about while reading this thread that have not been mentioned.

A church is a business. That has been stated. I would think since you don't have your permit yet, you would have to open carry to be legal. As soon as you conceal the weapon, you are breaking the law. With this in mind, you would have to be certain that you transported the weapon in a manner that is lawful to get it there.

If it were me, I wouldn't risk spending time in jail over it. I would wait until your permit is approved and issued.


Where I live, places of worship are no carry zones, unless you get permission. I have been told that our church will give permission if you ask. I haven't asked because I was also told that they have not given that permission in writing to anyone. I won't carry in there without written permission. I don't want any situations to arise where someone forgets that they have given permission to carry and then I am left out in the cold, or jail. It is not worth the risk.

 

[Yosimite sam]

I'm wondering if the line in the SC state gun laws is more about separation of church and state than any other reason:

(9) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;

With that being said, does anyone know if it is legal to carry a concealed weapon on church property, if permission has been given, regardless of whether you have a CWP or not?

I've applied for mine but have around 80 more days to wait until I get my permit back in the mail. I've been given permission to carry at church and wonder if I can carry there like I do at home.

No person may possess any firearm in or on:
Any publicly-owned building or property, without the express permission of the authorities in charge of the premises or property. Section 16-23-420(A) (A very limited exception to this prohibition exists for concealable weapons permit holders under § 16-23-420(F) for interstate highway rest area facilities);The answer is yes you can,I hope this helps.