South Carolina, Here I come

[Billyblazes]

Hello, All. I will be traveling through South Carolina en route to visit my son in North Carolina. I am very familiar with the laws of my home State of Florida, and I am pretty well schooled on the laws of Georgia where I enjoy their open carry provisions. In doing my research to try to comply with the law in SC, it seems South Carolina is very restrictive with regard to where CCW carry is legal. From my reading I have come to understand that I may not carry into police, sheriff, or highway patrol station or any other law enforcement office or facility;detention facility, prison, or jail or any other correctional facility or office; courthouse or courtroom; polling place on election days; office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district school or college athletic event not related to firearms; daycare facility or pre school facility; place where the carrying of firearms is prohibited by federal law; church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or hospital, medical clinic, doctor?s office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.

In addition to all of that, am I correct that I cannot carry into any business that has a sign posted stating that concealed weapons are not allowed? Must I have the permission of the homeowner of a private residence before I enter while carrying concealed? I read, too, that carrying is disallowed in any establishment that serves alcohol for consumption. Does that mean I may carry into a grocery store or liquor store, but I am not allowed to carry into an Applebee's or Chili's type restaurant? Even if I stay out of the bar area or even if I abstain from alcohol?

When traveling am I fine to have the handgun in my vehicle either on my person or under a towel? I read nothing making a definitive statement on that. I likewise find nothing preventing me from carrying into rest areas or parks. Have I got that correct? I also do not read of a "duty to inform" law enforcement.

Are the rules any different with regard to edged weapons? If I'm allowed a concealed firearm in my car, is a concealed knife also allowed?

Please help keep me out of trouble. If I have something wrong or there is something else I should know, please educate me.

Thank you

 

[rotarymike]

I will try to answer your questions but please bear in mind that this does not constitute legal advice or create any attorney-client relationship. If you want a formal opinion, contact a gun-rights lawyer in SC to ask your questions. Google Steve Shaw Esquire or PM me.

Off the cuff:
You are generally right with concealed carry restrictions in SC. The no-carrying-where-alcohol-served does indeed mean you can go into a quik-mart that sells beer but cannot carry into Applebees or most any other restaurant. It is a strict liability crime so not knowing and/or innocent mistake (I didn't know this restaurant sold alcohol) does not matter.

Signs posted for No Concealed Weapons have to meet certain guidelines to be valid. Spend some time on the SC SLED website and you'll see examples.

You DO need permission from a private landowner to carry on their property. Simply ask.

You DO have a duty to inform, after the police officer has identified themselves as such. In the form of "Officer, I am a concealed carry permit holder and I am currently armed." Then do what the officer directs. If you are NOT carrying under the CCW statutes, no duty to inform.

To carry concealed, the firearm must be on or about your person. This means physically attached to you or in something you would carry, like a briefcase. Under the seat or in the door pocket of the car is not OK.

Outside of concealed carry provisions, you can carry a pistol (loaded or not) in a closed container with integral locking fastener in the car. So, glove box, center console if it locks, gun bag or mini safe, or in the trunk.

SC concealed carry provisions only apply to firearms. Knives are not covered by the statutes and cannot be carried pursuant to a permit.

NOW - most of the above shouldn't apply to you. Federal laws governing interstate transportation basically say that you have to abide by laws of the origin and destination states, as long as you don't deviate from the trip.

If I've missed one or two, I'm sure the others will chime in.

 

[armaborealis]

Some other gotchas.

Unlike most other states, in SC it is generally ILLEGAL to have a handgun outside of the home. To be legal you must fit into an exemption. One exemption is for car carry as described above. Another is for CWPs. SC only honors resident CWPs from certain states. If you hold a non-resident CWP (like a non-resident Utah one) then SC will not honor it.

The "no restaurant carry" law is stupid. However, if you ignore it, the potential sentence is three years, which makes you a prohibited person for life (i.e. never able to own guns again) even if you spend zero days in prison.

You do have to honor "gun buster" signs here, but they must meet specific requirements. If there is not a big "universal NO" sign at eye level by the door, it has no weight of law. Ignoring the gun buster sign is a trespassing charge, which is relatively minor but won't make you a prohibited person.

I don't mean to correct Rotary Mike but I think his explanation of the federal safe passage law bears a bit of expanding, just to ensure nobody else gets confused:

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver?s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

To benefit from the federal shield law you must travel in accordance with the conditions above.

SC's gun laws frankly are pretty poor. They are among the worst of the free states in most regards. The only exception is that SC has a pretty strong castle doctrine.

 

[Billyblazes]

Thank you guys for the succinct and clear replies. Although I have enjoyed the Table Rock area of the Upstate region before, this time I'll pretty much be just passing through. To be on the safe side I'll keep my carry gun with my DL and Florida resident CCW permit on my person. I'll keep my full size gun & ammo in a lock box. I'll look for the NO GUN signs and comply with them and I'll be sure not to carry into any establishment that serves alcohol. Hopefully that will get me through the State uneventfully with just stops at rest areas and for fuel and food.

Sadly ironic that the bad guys don't give pause to consider the laws, but some poor slob such as myself could make a simple oversight and be in a world of trouble.

Thanks again.