Firearm transporting law interpretation

PapaBear

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May 8, 2012
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So.....having a little argument with a buddy, and need some help:

Section 16-23-20. Unlawful Carrying of Handgun; Exceptions. says:
(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; If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle?s passenger compartment; or?

With the new fad of "under the dash" holsters, how does this play out? Is a holster screwed to under the dash considered "under a seat" or "an open storage compartment?"
 

ramsey88

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Aug 12, 2012
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Greenville, SC
I'm also curious how you guys interpret this. I asked my cwp instructor this very question last Saturday in the class and he said he wouldn't think that counted because it's not a "storage compartment"
 

PapaBear

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The reasoning I've heard is that a holster fastened to something, even under a dash, becomes an "open storage compartment......"
 

ramsey88

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Location
Greenville, SC
The language in the new law isn't very helpful in determining what constitutes a "compartment". My cwp instructor said that the cubby hole/magazine storage in the door counted as an "open compartment" but then if someone gets your door open you can't get to your weapon.
 

The General

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Nov 19, 2009
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Don't ever try to overthink the SC laws (for firearms). Apply common sense first, Legaleze second.

The new law says "Open Storage Compartment". Your car is not manufacted with a under-dash holster. Therefore, that's NOT an open compartment. The door pocket, dashboard shelf, center console tray: Those are open storage compartments.

Of course, if you're insistant on pushing the boundaries, I will be sure to attend your trial to see how the Judiciary interprets the law!!! LOL

-Mike
 

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