SC Law - Carry Question


GeneralSumter

New member
Me and a few buddies, including my dad, are expecting our CWP in about 2-3 weeks (end of the 90 day period). This site has been very helpful in our pending right to carry. Thank you.

We have one question that is too vague to find in the written law and so I thought I'd pose it here. In SC, we cannot carry into an establishment where you can consume alcohol, nor at a police station, jail, etc. So what about the mall when there is a "Frank and Stein" or Moe's that serves alcohol. It is part of a greater establishment, but still the ability to consume is present (and arguable in court). Also, one, if not both of our malls have police sub-stations.

Am I breaking the law if I carry into the mall? Whether or not it is against the law is paramount, but has there been any legal precedent set for this? I.e., if a defensive shooting happens at the mall and would be deemed a "good shooting" but then a lawyer for the BG claims I broke the law because of the alcoholic or police establishments. I need to know, before I go. Ya know?

Thanks in advance.
 

FN1910

New member
Me and a few buddies, including my dad, are expecting our CWP in about 2-3 weeks

Just one of my pet peeves when anyone say Me and so-an-so are doing something. It is my friend and I are..... Would you say me is going to do something. This is just some of the old school English I was taught. :fie:

Now on to your question. Each store in a mall is considered separate so having one in the mall does not make the entore mall off limits even if it is included in the mall. As long as you stay out of Moe's you are fine unless the entire mall is posted at the entrance to the mall. Many malls have a police station, post office or restaurant serving alcohol and as long as you stay out of those individual areas you are fine whether it is an enclosed mall or a strip mall.
 

GeneralSumter

New member
Since we're learning english, is the "entore mall" where "me and my buddies" would go, and the "entire mall" would be where "my buddies and I" go? Just picking. Had to do it. (Re-read your post if you don't get it).

So when you say to "stay out of those individual areas" do you mean the entire food court, or just the specific establishment? Because the Frank and Stein cannot be entered, per se (latin, not english). They share a common seating area with the other restaurants. See how this could be argued in a court of law to a gun-hating jury?

Kidding aside, thank you for your feedback. I'm in Charleston, you?
 
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FN1910

New member
I'm in the Pee Dee. You bring up an interesting question there and I haven't run into a mall that lets you sit around in the public areas drinking beer, at least in SC. The law is where it is served for on premisis consumption then I suppose that in the seating area where you are allowed to drink alcohol would fall under the restriction. The rest of the mall would be OK.

My short fat fingers have trouble with Glocks and typing. I failed English at Clemson because I couldn't pass the spelling test, otherwise I had a B.
 

GeneralSumter

New member
LOL. It's all good. My wife's family lives in Florence and I brought here down here. College of Charleston for me.

Yeah, I think I'm gonna pose the question to a cop friend at church and see what he says. Anybody else care to chime in?
 

jchantelau

New member
I would say you have no worries there unless you were sitting there having a drink! lol As long as you don't enter the other establishments your fine. Carry away while in the mall. Just be sure you check the the entrances of the stores you enter for the correct NO CONCEALABLE WEAPONS signs.

I think SC is the process of changing the restaurant carry law...

SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on-premises consumption.

In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.

In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked.

Some CWP's will say, well if I have my permit I'm not unlawfully carrying so this would not apply. I think the law will change so that you can carry into a TGIFridays or Red Lobster as long as your not sitting at the bar and not drinking.
 

GeneralSumter

New member
Some CWP's will say, well if I have my permit I'm not unlawfully carrying so this would not apply. I think the law will change so that you can carry into a TGIFridays or Red Lobster as long as your not sitting at the bar and not drinking.

It is in the state Senate right now, S.347. I encourage you to write your district senator (not Demint or Graham, state senator). I wrote mine and he replied back that he was in support of it.

Thanks for your input.
 

jchantelau

New member
It is in the state Senate right now, S.347. I encourage you to write your district senator (not Demint or Graham, state senator). I wrote mine and he replied back that he was in support of it.

Thanks for your input.

Good advice, thanks and I hope it gets changed.
 

FN1910

New member
Now it gets complicated so pay attention:

We are familiar with this section and it says Additional penalty for violating 16-23-460

SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on-premises consumption.

In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 .......

What are the penalties in 16-23-460

SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.
.
.
.
(B) The provisions of this section do not apply to:

(1) A person carrying a concealed weapon upon his own premises or pursuant to and in compliance with Article 4, Chapter 31 of Title 23; or
.
.

16-23-460 does not apply to anyone with a cwp therefore 16-23-465 cannot apply. It is not against the law to carry in a place that serves alcohol if you have a CWP. However it is possible that you will be arrested and taken to court for trail. You may then have tp appela all the way to the State Supreme Court. We are looking for a volunteer to test this out and I have heard on good authority that the SCAG has privately told the state LEO to not make any arrests over this in order to avoid a court ruling.
 

G50AE

Active member
16-23-460 does not apply to anyone with a cwp therefore 16-23-465 cannot apply. It is not against the law to carry in a place that serves alcohol if you have a CWP. However it is possible that you will be arrested and taken to court for trail. You may then have tp appela all the way to the State Supreme Court. We are looking for a volunteer to test this out and I have heard on good authority that the SCAG has privately told the state LEO to not make any arrests over this in order to avoid a court ruling.

That is completely false. Section 16-23-460 does not apply to when carrying within the terms of a cwp. In article 4 chapter 31 of title 23, the concealed weapons statute, it specifically states that 16-23-465 DOES apply to cwp holders.
 

FN1910

New member
Is this the part you are referring to?
Section 23-31-215 (M)

A person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

Nothing contained herein may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.
 

FN1910

New member
23-31-215 (M) Syas that the provisions on that article does not override 16-23-460 or 16-23-465. 16-23-460 says that it doesn ot allpy to someone with a CWP and 23-31-215 agrees with that. I can't see where you are getting at that the CWP overrides what is in 16-23-460.
 

G50AE

Active member
16-23-460 is not mentioned in 23-31-215. 16-23-465 is mentioned in 23-31-215 as not being overriden, and thus DOES apply to carry permit holders.
 

tranny

New member
i volunteer

Now it gets complicated so pay attention:

We are familiar with this section and it says Additional penalty for violating 16-23-460



What are the penalties in 16-23-460



16-23-460 does not apply to anyone with a cwp therefore 16-23-465 cannot apply. It is not against the law to carry in a place that serves alcohol if you have a CWP. However it is possible that you will be arrested and taken to court for trail. You may then have tp appela all the way to the State Supreme Court. We are looking for a volunteer to test this out and I have heard on good authority that the SCAG has privately told the state LEO to not make any arrests over this in order to avoid a court ruling.

I am undergoing 16-23-465 in Berkeley County, SC and I do have a CWP. I am also looking for any support I can get. I have a criminal lawyer and going through this now with both the county and the state.
 

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