You are under no obligation to inform the officer that you have a gun in the car if carried in the secured container.PCShogun said:Great discussion guys. I do not have a CCW but I do carry a firearm in my vehicle thanks to this law.
My question is this: Just like a CCW carrier, do I have to tell the officer at the time I am stopped that I have a weapon in my vehicle, or can I wait until it becomes necessary to open the compartment before telling them. I don't want to 'shart' myself by having a police weapon pointed at me
I'll stop short of offering advice as to whether you should tell a LEO if you are carrying or not.(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer (1) identifies himself as a law enforcement officer and (2) requests identification or a driver's license from a permit holder. A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
Good question!Frost said:If a woman has a pistol in her purse and her purse is on the floor of the car is this legal?
At one point, I think a bill in legislature wanted to change the verbiage to something closer to "concealed on the person". Grassroots fought to get the verbiage amended before it was ratified. They said that verbiage would destroy the interpretation the courts and SC Attorney General had on "purse" carry while in a vehicle or while out and about.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:
(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person,under conditions set forth in the permit,
http://www.scfirearms.org/TheDefender/Defender2008Summer.pdfH. 3310 sponsored by Rep.Mike Pitts put into the statuteswhat was already lawful ? that aCWP holder can legally carry aconcealed firearm ?on or about hisperson? while in a vehicle. Thislaw was a result of CWP holdersbeing told by some law enforce-ment officers that CWP carry ina car was not lawful, and that thefirearm must be in a glove boxor console. The bill as originallydrafted would have required aCWP holder who carried her selfdefense sidearm in her purse to re-move it from her purse and put thesidearm into the glove box, con-sole, or trunk while in the vehicle. It was GrassRoots? eternal vigi-lance that discovered this problemof discrimination towards women,and it was a GrassRoots proposedamendment that fixed this problem.Rep. Mike Pitts fully supported theGrassRoots proposed amendmentonce he was made aware of theproblem
http://www.scfirearms.org/TheDefender/Defender2007November.pdfH. 3310: This bill - enacted into law effective May 14, 2007 - codifies what every reasonable person already knew the law to be, i.e., a CWP holder can legally carry a concealed firearm ?on or about his person? when in a vehicle. The bill as first drafted would have required a CWP holder who carried her self defense sidearm in her purse to remove it from her purse and put the sidearm into the glove box, console, or trunk while she was in the vehicle. It was GrassRoots? eternal vigilance that discovered this problem, which was discriminatory against women, and it was a GrassRoots proposed amendment that fixed this problem. Rep. Mike Pitts fully supported the GrassRoots proposed amendment once he was made aware of the problem.
GrassRoots Position: GrassRoots supported this bill.
Primary Sponsor: M. A. Pitts
Full Text: http://www.scstatehouse.gov/sess117_2007-2008/bills/3310.htm
http://www.scfirearms.org/Legislative/letter to House subcommittee re CWP carry in vehicles.pdfCurrently, according to a SC Attorney General opinion dated October 9, 1998, CWP holders may carry their concealed handgun in a purse or briefcase. See 1998 WL 940262 (S.C.A.G.). But, if H. 3310 was to pass as currently written, the courts would most likely rule that a CWP holder could not carry her handgun in her purse of briefcase while in a vehicle. Instead, a CWP holder would be forced to remove the handgun from the purse or briefcase and put the handgun either on her person (which would most likely not happen because she would have already had the handgun on her person if that was her desired way to carry) or into a glove box, console, or trunk. Since females are the CWP holders most likely to use a purse as a means to conceal their handguns, this bill would disproportionately negatively impact female CWP holders.