Need some information on SC laws


PDA






Avenger29
April 18, 2007, 10:28 AM
Okay, guys, I have been perusing the SC code of laws. I need some information on handgun laws. I need to know specifically information about transporting a handgun for a person under 21. There is no mention of being under 21 in the SC code.

I want to know about transporting inside the state. From all that I have been able to gather, is that it would fall under the Federal code and be a felony to do so without someone over 21 present. I talked to my favorite gun dealer and he told me that honestly, he did not know but that it would probably be a felony to do so.

If you enjoyed reading about "Need some information on SC laws" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
LAR-15
April 18, 2007, 12:49 PM
People under 18 cannot generally possess handguns

ScottsGT
April 18, 2007, 01:09 PM
In SC you have to be 21 or over to be in possession of a hand gun unless you are with your parent or guardian.
From here:
http://www.scstatehouse.net/code/t16c023.htm


SECTION 16-23-30. Sale or delivery of handgun to and possession by certain persons unlawful; stolen handguns.

(A) It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to:

(1) a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;

(2) a person who is a member of a subversive organization;

(3) a person under the age of twenty-one, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor; or

(4) a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.

(B) It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State.

(C) A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen handgun or one from which the original serial number has been removed or obliterated.

RealGun
April 18, 2007, 01:59 PM
I think the right answer has been given but want to add that I am not seeing any federal jurisdiction here.

Avenger29
April 18, 2007, 02:06 PM
Thanks. That pretty much answers my question. Somehow, I completely missed that part of the code.

ScottsGT
April 18, 2007, 03:15 PM
I think the right answer has been given but want to add that I am not seeing any federal jurisdiction here.


3) a person under the age of twenty-one, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor;

I think the italicized area gives the federal jurisdiction. Other than that, state law trumps federal law of 18.

RealGun
April 18, 2007, 03:40 PM
I believe that could only apply in the context of interstate commerce. Those statutes are usually structured so that the context flows, so look back up the line for any qualifiers for what you quoted.

Avenger29
April 18, 2007, 06:09 PM
Well, apparantly for all intents and purposes I am prohibitied from transporting a firearm. I figured on something like that, and I am definitly not going to break the law, especially considering that we are getting more JBT-like LEO's up in my area.

Ain't law fun?:rolleyes:

ScottsGT
April 19, 2007, 01:19 PM
Ain't law fun?


That's why attorneys "practice" it. It can never be perfected.

If you enjoyed reading about "Need some information on SC laws" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!