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Peacemaker
Regular Member
| Joined: | Wed Apr 30th, 2008 |
| Location: | Georgia USA |
| Posts: | 90 |
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Posted: Mon Apr 13th, 2009 12:11 am |
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I have upcoming business in SC. Since the State does not recognize my Georgia GFL or Utah non-res, I know I am limited to keeping a pistol in my car or carrying it into a rented room.
I have reviewed the following information:
However, what is not clear to me is what places are off-limits to the firearm in my car? For example, in Georgia case law dictates that having a firearm in the parking lot of an off-limits place is the same as having it in the prohibited place itself. Is this the case in SC? For example, is it legal to keep the pistol in the car while in a restaurant that serves alcohol?
Additionally, the Handgun Law summary indicates that one must notify the officer. However, I do not see that in the weapons law statutes. When must I notify? If I get pulled over and the firearm is in my trunk then do I have to say something? What about the 5th amendment here?
I appreciate the help. My goal is to be a responsible law abiding citizen without being forced to leave my pistol at home in Georgia.
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hp-hobo
Regular Member
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Posted: Mon Apr 13th, 2009 02:20 am |
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As long as your handgun is kept in a closed glove box or console, you can carry it loaded or unloaded pretty much wherever you go in SC. The exceptions to that are federal property (ie. military installations, etc), state or county parking garages or any school property. Your example of the parking lot of a restaurant that serves alcohol is a non-player.
The only time you must notify is if a LEO requests identification and you're carrying pursuant to a CWP. Carrying as you will be, in your vehicle only, you are not required to notify. That being said, if your gun is sitting on top of your registration when a cop pulls you over and wants to see your paperwork, it might be a good idea to mention it. My recommendation is to keep your papers and gun in different locations and say nothing. The less said the better.
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Peacemaker
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| Joined: | Wed Apr 30th, 2008 |
| Location: | Georgia USA |
| Posts: | 90 |
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Posted: Mon Apr 13th, 2009 04:06 pm |
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| How does one tell if a parking garage is private or owned by a state or county government agency?
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hp-hobo
Regular Member
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Posted: Mon Apr 13th, 2009 06:58 pm |
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| Good question. I guess it comes down to observation and common sense. I live way out in the sticks, so the only parking garage I've used since moving to South Carolina 11 years ago is the one at Columbia Metro Airport.
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Peacemaker
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| Joined: | Wed Apr 30th, 2008 |
| Location: | Georgia USA |
| Posts: | 90 |
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Posted: Tue Apr 14th, 2009 05:04 pm |
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| Does the definition school property include the parking lot of a church?
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hp-hobo
Regular Member
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Posted: Tue Apr 14th, 2009 07:55 pm |
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A church parking lot is okay. If the church also has a school on premises, I'd have to say no.
Let me give you a link to an organization that is much better equipped to help you out. Sign up, post your question and let the experts answer.
http://groups.yahoo.com/group/scfirearms/
Have a great day.
Last edited on Tue Apr 14th, 2009 07:59 pm by hp-hobo
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PT111
Regular Member
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Posted: Fri Apr 17th, 2009 02:19 am |
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hp-hobo wrote: Good question. I guess it comes down to observation and common sense. I live way out in the sticks, so the only parking garage I've used since moving to South Carolina 11 years ago is the one at Columbia Metro Airport.
I have never heard of this about Parking Garages. Can you elaborate on where that comes from? The only place I know of is schools and that does not include areas of colleges such as roads or parking lots that are open 24 hours a day.
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hp-hobo
Regular Member
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Posted: Mon Apr 20th, 2009 05:35 pm |
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PT111 wrote: I have never heard of this about Parking Garages. Can you elaborate on where that comes from? The only place I know of is schools and that does not include areas of colleges such as roads or parking lots that are open 24 hours a day.
"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. "
My understanding is that a parking garage comes under the heading of building because it's a... Building. If it's just a parking lot then this doesn't apply.
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Robert Butler
Regular Member
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Posted: Thu May 7th, 2009 05:57 pm |
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PT111 wrote: The only place I know of is schools and that does not include areas of colleges such as roads or parking lots that are open 24 hours a day.
Section 16-23-420(E) states:
"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."
The statutory language does not support allowing guns in vehicles in parking lots on college campuses. It only allows guns in vehicles if the vehicle is on the road or right of way of the road. Some rights of way include on street parking, but I have never seen a street right of way include a parking lot.
Please, stay out of trouble. :-)
Rob
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