SC Public Parks & Playgrounds


GeneralSumter

New member
Have had my CWP for about 3 weeks and have a question about public parks and playgrounds. The only code that seems to apply is:

SECTION 16‑23‑420. Carrying or displaying firearms in public buildings or areas adjacent thereto.

(A) It is unlawful for a person to carry onto any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post‑secondary institution, or into any publicly‑owned building a firearm of any kind, without the express permission of the authorities in charge of the premises or property.

So if my kid plays on a public ball team, can I carry on the ball field, but not in the gym, or in the concession house, or in the bathroom?

What about state/county parks? I saw that national parks are now allowed, but still unsure about, say, Charlestowne Landing (any charlestonians here?)

Thanks.
 

srshadwi

New member
Not sure about the south carolina specifics, but the national park law will not go into effect until 2010, unless additional legislation is passed to force it through sooner.
 

FN1910

New member
State parks are OK.

Who owns the building? If it is city or state etc. you are correct.

Who owns Charlestowne landing? A good quesiton for someone in the know is would the ships be considered buildings for the purposes of this law? Also are the ships still part of the Navy and therefore under Federal control?
 

Red Hat

New member
Here is the law covering State Parks. You're good to go there. Link Removed

SECTION 51-3-145. Certain acts unlawful at state parks.

(G) Possessing any firearm, airgun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. This subsection shall not apply to a person carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, and the concealable weapon and its ammunition.

As far as county parks and playgrounds go I haven't seen anything addressing CC there. I've always carried in my county park and never thought about it.
 

FN1910

New member
I remember discussing a local county park in my CWP class. This is a former state park that was given to the county to use. The point was made that we could carry in the park except in the big building that they have. As for restroom and port-a-johns I don't thing we got to that detail. :cray:
 
I would not call the sheriff, they probably don't know...

but my answer is you can carry on or near the ball field. Keep in mind public owned can not be separated between county, state or city... the only one allowed to legislate gun laws in the state is the state. A city or county can't write or make a gun law.
 

ForceTech

Instructor
There is no law in SC that prohibits carrying on public (not school) park properties, including municipal, county or state. I attend all of my boy's ball games (rec. dept.) and carry at all times. I do not, however, enter any of the buildings as they are public-owned. National Park's will allow guns starting Feb. 22, 2010, falling in line with state law.
 

agentduder

New member
Where I live the Rec. Dept sometimes uses the field at the schools, you would not be able to carry there right?
 

keep0njeepin0n

New member
Ok, so let me ask this...I know it's legal to carry in a public park, like for example the water front park here in Beaufort...but I also know it's illegal to carry into an establishment which serves alcohol for consumption on premesis....now, this week we have the water festival at the water front park...they serve alcohol during this week at this park, however, it's outdoors mind you....so am I still allowed to carry?? Technically, it's not a "premesis" where they serve alcohol...it's outdoors!!
 

keep0njeepin0n

New member
Ok, so let me ask you this....I know it's legal to carry in a public park, like the water front park here in Beaufort, and I also know it's illegal to carry into an establishment which serves alcohol for consumption on premises....now, what about like during the water festival this week where the park is still outdoors but they serve alcohol within the confines of the park....but it's not an establishment, it's a park. Can I still legally carry??
 

bigspurr

New member
Ok, what about a city park with a no ccp sign? (It's also known to have drug and gang activity there.) :wacko:
 

ForceTech

Instructor
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.
 

ForceTech

Instructor
The law above clearly says business and they do not provide a defintion for premises. Now, as to how it can be interpreted is up to the solicitor and possibly a jury. If the festival has a business license and an alcohol license then I'd be wary of carrying.
 

ForceTech

Instructor
If the sings don't meet these requirements they're not legal

Ok, what about a city park with a no ccp sign? (It's also known to have drug and gang activity there.) :wacko:

SECTION 23-31-235. Sign requirements.

(A) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.

(B) All signs must be posted at each entrance into a building where a concealable weapon permit holder is prohibited from carrying a concealable weapon and must be:

**(1) clearly visible from outside the building;

**(2) eight inches wide by twelve inches tall in size;

**(3) contain the words “NO CONCEALABLE WEAPONS ALLOWED” in black one inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

**(4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty five degree angle from the horizontal;

**(5) a diameter of a circle; and

**(6) placed not less than forty inches and not more than sixty inches from the bottom of the building’s entrance door.

(C) If the premises where concealable weapons are prohibited does not have doors, then the signs contained in subsection (A) must be:

**(1) thirty six inches wide by forty eight inches tall in size;

**(2) contain the words “NO CONCEALABLE WEAPONS ALLOWED” in black three inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

**(3) contain a black silhouette of a handgun inside a circle thirty four inches in diameter with a diagonal line that is two inches wide and runs from the lower left to the upper right at a forty five degree angle from the horizontal and must be a diameter of a circle whose circumference is two inches wide;

**(4) placed not less than forty inches and not more than ninety six inches above the ground;

**(5) posted in sufficient quantities to be clearly visible from any point of entry onto the premises.

SECTION 23-31-240. Persons allowed to carry concealed weapon while on duty.
 

wwalker1187

New member
actually, you can now carry the weapon into an establishment that sells/serves alchol as long as your not the one drinking alchol.
 

FN1910

New member
actually, you can now carry the weapon into an establishment that sells/serves alchol as long as your not the one drinking alchol.

Just as in the other thread you are wrong on that as far as common interpretation goes. However there are some that have the opinion (I am one of those) that a strict reading of the law supports what you are saying. However an AG opinion from several years back went on about 6 pages trying to say that carry in those places is illegal basing it on many different thing other than the exact wording of the code.

We have been wanting someone to volunteer to be the test case for quite some time so I take it that you are doing that. I have also pledged $50 to the defense fund for the person willing to be the test case. Let me know when your case reaches the state Supreme Court and where to send the funds.
 
actually, you can now carry the weapon into an establishment that sells/serves alchol as long as your not the one drinking alchol.

Read the other thread. Civilized and law abiding citizens understand what 'intent' means and as far as I read the law, and not that one particular excerpt taken out of context of the entire law, there is no excuse for misinterpreting this law.

I too will donate to the defense of a gun law violation being wrongfully charged, just not this one because in my mind, it appears clear as to intent.

KK
 

wwalker1187

New member
Just as in the other thread you are wrong on that as far as common interpretation goes. However there are some that have the opinion (I am one of those) that a strict reading of the law supports what you are saying. However an AG opinion from several years back went on about 6 pages trying to say that carry in those places is illegal basing it on many different thing other than the exact wording of the code.

We have been wanting someone to volunteer to be the test case for quite some time so I take it that you are doing that. I have also pledged $50 to the defense fund for the person willing to be the test case. Let me know when your case reaches the state Supreme Court and where to send the funds.

Was in a Longhorn Stakehouse about 2 weeks ago eating lunch, not drinking alchol when about 6-8 cops came in. The Jacket I was wearing hid everything but the tip of the barrell. Trained Police officers have always been able to tell when I was carrying. Plus, my CWP instructor told me that we can now carry into resturants as long as we are not the ones drinking.

"But you can carry your firearm into a restaurant that serves alcohol and sit and eat
without consuming. Handgunlaw.us recommends you not sit at the Bar or in the Bar area of such
restaurants. In some states it is illegal to be in the Bar area of such restaurants. Handgunlaw.us
believes you should never consume alcohol when carrying your firearm. In some states it is illegal to
take even one drink while carrying a firearm. If you want further info on carrying in places that serve
alcohol check your state laws."
 

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