Post by rangemaster on Apr 30, 2009 10:49:17 GMT -6
Sorry I didn't get to post last night - got in later than expected.
Below is a compilation of contributions on this subject that I've posted on other forums, as they pertain to this discussion.
The last entry is the one about carrying concealed at a place of lodging where an accommodations tax has been paid.
It is also important to note that several entries state something to the effect of "notwithstanding any other provision of law"; this means that if ANOTHER law applies (such as the carrier being a convicted felon, the event being on Federal property, etc) then the noted provision would be superseded and thus NOT applicable.
Wolf's provided link is spot-on in addressing the main substance; you may note that my excerpts below from previous postings include a condensed version that features just the applicable content:
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Current law states that, notwithstanding any other section of law (convicted felon, etc), a loaded handgun CAN be carried in a console, glove box or luggage compartment - but requires that it be CLOSED (not "locked", as often mistakenly relayed). Similar law exists for motorcycles, where saddlebags and permanent and temporarily-attached similar bags are defined as the vehicle's luggage compartment.
I should note that this is ENTIRELY SEPARATE from concealed weapons permit laws…; no permit is required if the handgun is carried in the above manner, but IS required if carried on a vehicle occupant's person or in a within-reach pocketbook, briefcase, etc. Either way, the device or manner of carry is CLOSED in some way.
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UNFORTUNATELY - most Myrtle Police officers and their municipal legal staff have a LENGTHY and PROVEN history of NOT knowing the state’s firearms laws, including a case I was asked to review and that has pending legal action AGAINST the City of Myrtle Beach when an out-of-state resident was cited for a “carrying firearm without permit” while carrying in his motorcycle’s saddlebag during the last Spring Harley Rally. MBPD and their legal counsel has proven OVER AND OVER AGAIN that they don’t know the difference between CWP provisions and OTHER firearms laws in the SC Code of Laws.
Basically, in or on a vehicle, the state laws say that carrying a defined firearm ON THE PERSON (or an accessory to clothing such as a pocketbook, briefcase, accessory bag/pack, etc worn or in immediate each of the person in the vehicle) requires it to BE CONCEALED and the person have a VALID PERMIT OR LEGAL EXEMPTION. HOWEVER, if it is carried otherwise, it must be in accordance with SC Code of Laws Section 16-23-20 (link below). These are the places where a loaded firearm may be carried, WITHOUT A PERMIT, … pertaining to a closed (does NOT have to be locked) glove box, console, or luggage compartment. Here are examples from 16-23-20 which The City of Myrtle Beach police have demonstrated IMPROPER ENFORCEMENT for quite some time:
SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
(9) a person in a vehicle if the handgun is:
(a) 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; or
(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;
(16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.
Here is the link to the full law - note that this section of the law has ABSOLUTELY NOTHING TO DO WITH REQUIRING A CONCEALED WEAPONS PERMIT:
www.scstatehouse.gov/code/t16c023.htm
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Notwithstanding any other applicable law - a person who occupies a temporary lodging on which an accommodations tax has been paid is allowed to carry a concealed handgun on his/her person, WITHOUT a permit, directly to and from the vehicle to the rented room(s).
SECTION 23-31-230. Carrying concealed weapons between automobile and accommodation.
Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
www.scstatehouse.gov/CODE/t23c031.htm
Below is a compilation of contributions on this subject that I've posted on other forums, as they pertain to this discussion.
The last entry is the one about carrying concealed at a place of lodging where an accommodations tax has been paid.
It is also important to note that several entries state something to the effect of "notwithstanding any other provision of law"; this means that if ANOTHER law applies (such as the carrier being a convicted felon, the event being on Federal property, etc) then the noted provision would be superseded and thus NOT applicable.
Wolf's provided link is spot-on in addressing the main substance; you may note that my excerpts below from previous postings include a condensed version that features just the applicable content:
-----------------------------------------------------------------------------------
****************************************************
Current law states that, notwithstanding any other section of law (convicted felon, etc), a loaded handgun CAN be carried in a console, glove box or luggage compartment - but requires that it be CLOSED (not "locked", as often mistakenly relayed). Similar law exists for motorcycles, where saddlebags and permanent and temporarily-attached similar bags are defined as the vehicle's luggage compartment.
I should note that this is ENTIRELY SEPARATE from concealed weapons permit laws…; no permit is required if the handgun is carried in the above manner, but IS required if carried on a vehicle occupant's person or in a within-reach pocketbook, briefcase, etc. Either way, the device or manner of carry is CLOSED in some way.
****************************************************
UNFORTUNATELY - most Myrtle Police officers and their municipal legal staff have a LENGTHY and PROVEN history of NOT knowing the state’s firearms laws, including a case I was asked to review and that has pending legal action AGAINST the City of Myrtle Beach when an out-of-state resident was cited for a “carrying firearm without permit” while carrying in his motorcycle’s saddlebag during the last Spring Harley Rally. MBPD and their legal counsel has proven OVER AND OVER AGAIN that they don’t know the difference between CWP provisions and OTHER firearms laws in the SC Code of Laws.
Basically, in or on a vehicle, the state laws say that carrying a defined firearm ON THE PERSON (or an accessory to clothing such as a pocketbook, briefcase, accessory bag/pack, etc worn or in immediate each of the person in the vehicle) requires it to BE CONCEALED and the person have a VALID PERMIT OR LEGAL EXEMPTION. HOWEVER, if it is carried otherwise, it must be in accordance with SC Code of Laws Section 16-23-20 (link below). These are the places where a loaded firearm may be carried, WITHOUT A PERMIT, … pertaining to a closed (does NOT have to be locked) glove box, console, or luggage compartment. Here are examples from 16-23-20 which The City of Myrtle Beach police have demonstrated IMPROPER ENFORCEMENT for quite some time:
SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
(9) a person in a vehicle if the handgun is:
(a) 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; or
(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;
(16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.
Here is the link to the full law - note that this section of the law has ABSOLUTELY NOTHING TO DO WITH REQUIRING A CONCEALED WEAPONS PERMIT:
www.scstatehouse.gov/code/t16c023.htm
****************************************************
Notwithstanding any other applicable law - a person who occupies a temporary lodging on which an accommodations tax has been paid is allowed to carry a concealed handgun on his/her person, WITHOUT a permit, directly to and from the vehicle to the rented room(s).
SECTION 23-31-230. Carrying concealed weapons between automobile and accommodation.
Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
www.scstatehouse.gov/CODE/t23c031.htm