Can I Carry a Gun in My Car in South Carolina

Conveying Handguns in Vehicles in South Carolina

Despite what some folks may believe, there are still quite a few people that carry handguns in their vehicles.  The question of legality arises regardless of whether you have a concealed weapons let ("CWP").

In this article, I'thousand going to break down Section 16-23-20 and talk over the permissible ways to carry in a vehicle.  Apparently at that place are other exceptions that apply such as the constabulary enforcement exception and the hunting exception.

This article is written for the normal person inquiring about the legality of a handgun in a vehicle.

Southward Carolina Code Section sixteen-23-20

says "Information technology is unlawful for anyone to carry virtually the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by constabulary:"

Subsection (9) provides the vehicle exception and allows a person to carry a handgun in a vehicle if the handgun is:

(a) secured in a closed glove compartment, closed console, closed trunk, or in a airtight container secured by an integral fastener and transported in the baggage compartment of the vehicle; even so, this detail is not violated if the glove compartment, console, or trunk is opened in the presence of a constabulary enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance;

What does this mean?

Information technology means that it is legal to deport a pistol as long as it is secured in a "closed glove compartment" or "closed console".  The handgun tin can be loaded or unloaded as long as information technology is secured in the glove compartment or console.

You lot tin can also carry in another "closed container secured by an integral fastener and transported in the baggage compartment of the vehicle."

But what does this mean?

Generally, this means if you have an SUV, yous can store the gun in the back every bit long every bit it is in a suitcase, closable bag, etc.

You can likewise have a handgun in the "closed trunk" of the motorcar equally well.

Improper Locations to Acquit a Handgun

Many people that get arrested and charged with violating this statute brand the mistake of having a handgun in 1 of 4 places.  Under a seat, between the panel and the driver'due south seat, in the map pocket of the door, or in a pocket behind a forepart seat.  All of these places are in violation of the statute and are illegal.

In Vehicle with a Valid CWP

(b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article four, Chapter 31, Championship 23;

Subsection (nine)(b) addresses concealed conduct in a vehicle with a CWP.  More often than not, constabulary enforcement has been reasonable with folks who accept a valid CWP.

However, annotation that the statute but allows for the weapon to be concealed "on or about his person."

I would advise that under a seat, in the map pocket, or stuffed between the seats may not be sufficient to ascent to the level of "curtained on or about the person."

Of import: Even with a CWP, the handgun needs to be in the proper locations described above or "on or near" your person.

UPDATE: On February xi, 2014, the Law was amended:

Department 16-23-twenty(9)(a) of the 1976 Code, every bit last amended by Act 28 of 2007, is further amended to read:

(a) secured in a closed glove compartment, airtight console, closed body, 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.

If the person has been issued a concealed weapon let pursuant to Article 4, Chapter 31, Title 23, then the person as well may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment;

SC LEGIS 123 (2014), 2022 Southward Carolina Laws Act 123 (S.B. 308)

Carrying on a Motorcycle

Finally, subsection (xvi) discusses the exception for Motorcycles which seems to be pretty clear.

"Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accompaniment container attached, whether permanently or temporarily, to the motorbike."

Recall, if you are going to comport in a vehicle, you lot must follow the laws in the state in which yous are carrying. Also, know that at that place are other statutes that prohibit the possession of handguns, regardless of their placement.  If you are in doubt about whether y'all tin can legally possess a pistol, you should consult an attorney.

Adjacent Article How Much Jail Time Can I Get for a Drug Charge in S Carolina

109065

Theme picker

thomsonreck1972.blogspot.com

Source: https://www.rhiltonlaw.com/articles/carrying-handguns-in-vehicles-in-south-carolina

Share this post