Towns or counties that do not allow

wylie

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Towns or counties that do not allow legal concealed carry
New member of this group and I have a question not sure if it was discussed here before, are there any towns or counties that do not allow legal licensed concealed carry in S C or N C, I know most of the restrictions pertaining to buildings schools hospitals and doctors office federal buildings and local municipality buildings, I was just wondering if there is any towns or counties where it might not be legal to have a concealed weapons permit and to carry a concealed handgun.
 
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None that I know of. But I could be wrong. The state law would still apply when you were not allowed to carry. I believe that the sites in that town would need to have compliant signs.
 
thebrasilian said:
None that I know of. But I could be wrong. The state law would still apply when you were not allowed to carry. I believe that the sites in that town would need to have compliant signs.

I believe this is incorrect; the town of Cary, NC, has some sort of grandfathered preemption thing going on that prohibits open carry (not sure if it also applies to concealed carry) in their town everywhere except public spaces like sidewalks, despite state law allowing legal carry. I do not know of any places in SC that prohibit CC, aside from standard GFSZs like government buildings and schools, but have not studied the subject in depth.
 
For South Carolina, see
SECTION 23-31-510 Prohibition against regulation of certain matters
"No governing body of any county, municipality, or other political subdivision in this State may enact or promulgate any regulation or ordinance which regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things."

and
SECTION 23-31-520 Power to regulate public use of firearms; confiscation of firearms or ammunition.
"This article does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters. This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest."
 
C_Carson said:
thebrasilian said:
None that I know of. But I could be wrong. The state law would still apply when you were not allowed to carry. I believe that the sites in that town would need to have compliant signs.

I believe this is incorrect; the town of Cary, NC, has some sort of grandfathered preemption thing going on that prohibits open carry (not sure if it also applies to concealed carry) in their town everywhere except public spaces like sidewalks, despite state law allowing legal carry. I do not know of any places in SC that prohibit CC, aside from standard GFSZs like government buildings and schools, but have not studied the subject in depth.

Sorry, I meant to limit my comment to SC.
 
The state pre-emption law applies, but I believe that there are still some towns/counties in SC that ban carrying concealed weapons. FOr example, Camden city code section 133.02 states:

" It shall be unlawful for any person to carry a pistol, dirk, dagger, slingshot, metal knuckles, razor, or other deadly weapon usually used for the infliction of personal injury, concealed about his person within the city, except upon his own premises. Any weapon so carried concealed shall be forfeited to the city upon conviction of a person of a violation of this section."

That ordnance, on its face, would not stand up to a pre-emption challenge. Still, you could be arrested in Camden, your weapon seized (forfeited), you could be charged and convicted of violation of the ordnance. You would then have to appeal your conviction to the state, where it should be (rapidly) thrown out. You should then look into suing the City of Camden. Of course, while the conviction woudl be overturned, the record of your initial arrest would likely be digitized and made available on the internet for future employers, dates, etc to see. Hence the lawsuit against the city...

I suspect many other places in SC have similar ordnances on the books. Some of them may be malicious gun control, many may simply be relics of the pre-CCW era. SC was one of the last states to allow its residents to carry concealed firearms (with a permission slip) under a "shall issue" regime so it is not surprising that many small towns simply haven't updated their laws. THey may be unaware that the ordnances are even on the books!

http://www.amlegal.com/camden_sc/
 
Perhaps everyone living in a town/county with one of these unenforcable laws on the books should begin letter writing campaigns to have them removed. Pointing out bad laws which open the town to a law suit has worked in other areas.
 

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