Avtomat-Acolyte said:
Just a friendly reminder:
It is not a criminal offense to carry a concealed weapon into a business or other private property if there is a sign or verbal direction prohibiting it.
If you go visit your aunt's house and before you enter she says "No weapons allowed" or if you go to K-Mart and there are huge "NO CONCEALED WEAPONS" signs everywhere, and you enter anyways
, you are not breaking any law.
SECTION 23-31-220. Right to allow or permit concealed weapons upon premises; signs.
Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises.
The posting by the employer, owner, or person in legal possession or control of a sign stating ?No Concealable Weapons Allowed? shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1).
South Carolina Code 16-11-620. Entering premises after warning or refusing to leave on request; jurisdiction and enforcement
Any person who, without legal cause or good excuse, enters into the dwelling house, place of business, or on the premises of another person after having been warned not to do so or any person who, having entered into the dwelling house, place of business, or on the premises of another person without having been warned fails and refuses, without good cause or good excuse, to leave immediately upon being ordered or requested to do so by the person in possession or his agent or representative shall, on conviction, be fined not more than two hundred dollars or be imprisoned for not more than thirty days.
All municipal courts of this State as well as those of magistrates may try and determine criminal cases involving violations of this section occurring within the respective limits of such municipalities and magisterial districts. All peace officers of the State and its subdivisions shall enforce the provisions hereof within their respective jurisdictions.
The provisions of this section shall be construed as being in addition to, and not as superseding, any other statutes of the State relating to trespass or entry on lands of another.
Under the law, if you carry a weapon into a place that the owner/operator doesn't want you to, then you are to be treated like any other "trespasser" for any other reason they don't want you there. They must ask or instruct you to leave. Once you refuse to comply with their directive are you now, finally, committing a criminal offense.
I can't find my copy of SC Gun Law (
http://www.scgunlaw.com/), which is written by several attorneys, but I'd bet dollars to donuts that they wrote that no gun signs carry the force of law in SC.
Avtomat's interpretation is certainly one. The other interpretation would be that the posting of the sign itself constitutes effective notice that you are not allowed on the property, the same as if someone told you to leave, and that the moment you proceed past the sign you are effectively trespassing. Some states have no statutory language similar to South Carolina's, in which case the normal trespass rules apply; why would the SC legislature pass 23-31-220 and assign specific penalties including revocation of a permit if they didn't have an intent to provide additional private property rights?
The other concern is that "SECTION 16-23-20. Unlawful carrying of handgun; exceptions" states that it is
unlawful to carry a handgun in South Carolina unless you fall under an exception. One of those exceptions is #12:
(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee?s person and a location specified in item (9);
Arguably, honoring a no-guns sign per SECTION 23-31-220 is a condition of your permit. A prosecutor could certainly make that case, given that the penalty for ignoring a gunbuster sign is permit revocation. If you aren't carrying in accordance with all the rules attached to a permit, then Section 16-23-20 applies and you're committing a crime.
As for the other example given (going to your Aunt's house) that is clearly forbidden:
SECTION 23-31-225. Carrying concealed weapons into residences or dwellings.
No person who holds a permit issued pursuant to Article 4, Chapter 31, Title 23 may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate.
I personally honor no guns signs in South Carolina which are properly posted. The legal gray area is one of those "you
may beat the rap, but you won't beat the ride" sort of situations. Moreover, why would I want to give my patronage to a place that is actively working against my rights?
I think the SC statutory language is BS and the simple trespass statute should apply (thus forcing property owners to actually set up searches/metal detectors if they want to enforce a no gun zone) but it is what it is.