South Carolina - ACTION needed!

[dbp]

" 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:

(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;"


You are correct mgmorden- never doubted you for a moment! I had never heard this mentioned before and it wasn't covered at all in CWP class so I was surprised to hear this.

I'm a little concerned that it is up to interpretation of LEOs to how they would respond to seeing me open carry in this situation. For instance - I live in a lakeside community and have about a 200 yard walk to the water. I believe I would have a hard time with LEO if I were seen open carrying my Glock as I walk with my rods to the water. I guess I wold be legal, but I don't care to open carry just the same.

 

[mgmorden]

So you are saying it is lawful for me to be out on Lake Murray crappie fishing with my Glock exposed on my belt? If so, when does that legal status begin and end -- when I step into or out of the boat? What if I'm just fishing from the bank around a pond? All this is pretty vague to me. Can you clarify this a little?

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:

(1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;

(2) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;

(3) members, or their invited guests, of organizations authorized by law to purchase or receive firearms from the United States or this State or regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits;

(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;

(5) a person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;

(6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States;

(7) members of authorized military or civil organizations while parading or when going to and from the places of meeting of their respective organizations;

(8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;

(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;

(10) a person carrying a handgun unloaded and in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving one's residence or changing or moving one's fixed place of business;

(11) a prison guard while engaged in his official duties;

(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, and while transferring the handgun between the permittee's person and a location specified in item (9);

(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section 16-23-465, while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;

(14) a person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);

(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun.

(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."

Important part in bold. Items 1-16 are the exceptions to the prohibition on open carry but those most are not applicable to the average citizen on a daily basis.

Item #4 states that a licensed hunter or fisherman may openly carry a firearm while hunting or fishing and while traveling to and from your place of hunting and fishing.

So yes, you can have your Glock on you if you're out on Lake Murray fishing. Even if you're on the bank (assuming you're not tresspassing) its ok, provided that you have a fishing license (a fishing license isn't always required to fish - if you're using a cane pole from the bank for example, but without the license you can't be carrying).

The transport to and from part is a bit more dicey. If you're driving straight home or straight from home you're pretty much OK, but if you make any stops along the way it could be challenged. I wouldn't personally carry anywhere else along the way (I wouldn't even stop for gas with the gun on), but just for the drive itself you're good to go.

Do note though that during certain hunting seasons there are other laws that relate to what weapons you can have on you. If you're carrying a centerfire pistol on government land during small-game season then while you couldn't be charged with unlawful carrying of a handgun under Section 16-23-20, you could still be written a ticket for having a centerfire weapon/ammo there. If you were carrying a rimfire pistol you'd be OK since rimfire is legal for small game hunting.

Similarly, during turkey season only shot is allowed, so if you wanted to carry on government/WMA land there unless you wanted a ticket you'd need to carry something like a Taurus Judge with birdshot since that's the only weapon that would meet the criteria for the open season.

Generally, I don't worry much about carrying a handgun while hunting (I've got a rifle or shotgun already), but I do occasionally wear a gun while I'm out on the boat fishing.\

EDIT: Sorry, was working on that reply for a while and didn't see your 2nd post. Looks like you found what you were looking for .

 

[dbp]

Thanks for your reply. It can get a little confusing trying to keep all the laws straight. I do appreciate your input.

I imagine you would have more of a need for carry on the coastal waters. After all, you do have to deal with those folks from both north and south of the border moving up and down the ICW.

 

[bjustus]

Thanks to our calls and emails, the house version dropped the curfew provision and a proposal to increase the application fee for CWP was also ditched.

The Senate didn't quite make the vote to accept the house's version of the bill before they adjourned for the year -- so now the vote won't be until at least January when the state legislature goes back in session. It's looking very good though. When you call and write your reps and senators, it makes a difference!