Concealed carry in publicly owned buildings

[FunkyMonkey]

carsontech brought up a very good but easily overlooked point in the law regarding SC concealed carry that I and at least one other member may not have fully appreciated. I'm reposting it here in the hopes it might save even one person from inadvertently facing a felony charge. There are many more "publicly owned buildings" other than libraries.

...it's actually illegal to carry in a public library in South Carolina "without the express permission of the authorities in charge of the premises or property".

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

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

Heres the original post: http://www.palmettoshootersforum.com/viewtopic.php?f=30&t=4590#p27644

 

[thebrasilian]

+1

 

[armaborealis]

Don't forget the rest of the law:

(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.

(E) For purposes of this section, the terms ?premises? and ?property? do not include state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post secondary institution, which are open full time to public vehicular traffic.

(F) This section does not apply to a person who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31 of Title 23 when upon any premises, property, or building that is part of an interstate highway rest area facility.

I've been tempted to relieve myself in a quiet corner of our local park, given that I'm not allowed to use the toilet facilities as they are indoors. Never have, though, of course. At least they're kind enough to provide a separate water fountain outside the building.

Another ridiculous law. I really don't like how public buildings are not required to post any sort of notice. There are all sorts of facilities which are public/private partnerships which arguably fall within the scope of section 420. For example, the SC Aquarium and Charleston Coliseum Performing ARts Center are publically owned. At hte local level a lot of sports/recreation complexes are similar. It might not be obvious though.

I much prefer ALaska's law -- in AK the locality has to sign the building and provide security screening check points (full up, like with metal detectors, bag searches, etc) in order to lawfully deny carry in a public building. Most places opt to avoid the expense of armed security guards and just allow carry.

 

[craigp]

Any Federal, State, County, City or any other municipal building paid for by taxes.

Library, Public Health Department, DMV, any General Motors Dealership (ok that was kind of a joke but with the govt bailout, oh nevermind ", of course any city, county or state building, law enforcement buildings, post offices,

 

[11B3XCIB]

Something confuses me about that. The rest of the law states:

(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science

Just any member of the armed forces? Not just someone in the military executing their duties (like a CID agent going to make an arrest)?

 

[armaborealis]

Something confuses me about that. The rest of the law states:

(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science

Just any member of the armed forces? Not just someone in the military executing their duties (like a CID agent going to make an arrest)?

THe plain language of the law does not distinguish between military on official duties and military off-duty. My copy of SC Gun Law (Shaw, Kelley, Moore) states that there is no case law on the subject and suggests that military members carry in such conditions only if on official business out of an abundance of caution.

 

[Rosea Carpa]

Funny because i have asked two North Charleston cops at the perf arts center and they both said that i could carry......But try telling that to the third North Charleston cop that doesn't think so!!

 

[John Canuck]

Snip

I much prefer ALaska's law -- in AK the locality has to sign the building and provide security screening check points (full up, like with metal detectors, bag searches, etc) in order to lawfully deny carry in a public building. Most places opt to avoid the expense of armed security guards and just allow carry.

I prefer Virginia's law which does not allow the prohibition of firearms in public buildings by the local yocals. I've carried in libraries, city hall (numerous), public utilities offices, and the General Assembly building (a place we like to call the People's House). In se cases concealed, and in some cases open. At the GA, always open.

 

[armaborealis]

Snip

I much prefer ALaska's law -- in AK the locality has to sign the building and provide security screening check points (full up, like with metal detectors, bag searches, etc) in order to lawfully deny carry in a public building. Most places opt to avoid the expense of armed security guards and just allow carry.

I prefer Virginia's law which does not allow the prohibition of firearms in public buildings by the local yocals. I've carried in libraries, city hall (numerous), public utilities offices, and the General Assembly building (a place we like to call the People's House). In se cases concealed, and in some cases open. At the GA, always open.

True, that's even better!

 

[Rosea Carpa]

I just wish S.C. would go to open carry!! They already let me on the boat and while hunting.