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Yukon Cornelius
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11,835 Posts
Discussion Starter · #1 ·
So ive looked over the laws of SC...and BP pistols do not meet the definition of a handgun and the permit system is for handguns..... so can i carry one concealed? or no since its a weapon then i can carry openly????

HANDGUNS

SECTION 16-23-10. Definitions.

When used in this article:

(1) “Handgun†means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector’s item, or any that does not fire fixed cartridges.

(2) “Dealer†means any person engaged in the business of selling firearms at retail or any person who is a pawnbroker.

(3) “Crime of violence†means murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.

(4) “Fugitive from justice†means any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.

(5) “Subversive organization†means any group, committee, club, league, society, association, or combination of individuals the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure, or overthrow of the government of the United States or any state or political subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing.

(6) “Convictionâ€â€˜ as used herein shall include pleas of guilty, pleas of nolo contendere, and forfeiture of bail.

(7) “Division†means the State Law Enforcement Division.

(8) “Purchase†or “sell†means to knowingly buy, offer to buy, receive, lease, rent, barter, exchange, pawn or accept in pawn.

(9) “Person†means any individual, corporation, company, association, firm, partnership, society, or joint stock company.

(10) “Luggage compartment†means the trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term “luggage compartment†refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term “luggage compartment†refers to the area behind, but not under, the rearmost seat. In a truck, the term “ luggage compartment†refers to the area behind the rearmost seat, but not under the front seat.
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 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;

(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.
so anyone know of a reason why it cant be done am i missing something else in the law??So a BP pistol isnt a handgun and therefore you dont need a permit to carry one???
 

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Lawyer and Gun Activist
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28,584 Posts
Rmodel 65:
First of all, your question is about gun laws for a neighboring state, so I don't think it's OFF TOPIC. But here we are, anyway.

You pointed out that the definition of "handgun" doesn't include a black powder cap-and-ball revolver.

But what about the definition of "weapon", as found in 16-23-405 of the South Carolina Code? Weapon = any firearm. "Firearm" = any sort of gun that launches a projectile by means of an explosive. That seems to say that blackpowder pistols are both "firearms" and "weapons" under at least some S.C. gun and weapon laws.

16-23-465 makes it a crime to carry a pistol OR a "firearm" at a place that serves alcohol for consumption on the premises.

16-23-460 is the crime of carrying a concealed "weapon." Not a handgun particularly, but any "concealed weapon." Is a blackpowder pistol a concealed weapon, if you conceal it?
See 23-31 210 (6). A concealed weapon will include a firearm with less than 12" overall length that is in fact concealed.

I don't know anything about South Carolina law, and I'm not licensed to practice law in that state. I'm just pointing out some stuff I found on a quick Google search and my glancing at this website of the South Carolina Law Enforcement Division:
http://www.sled.sc.gov/SCStateGunLaws1.aspx?MenuID=CWP#1
 

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Yukon Cornelius
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11,835 Posts
Discussion Starter · #3 ·
ok but now were back to the permit it says a handgun permit and BP isnt a "handgun" under the law....i was just wondering i dont hardly ever go to SC :mrgreen:
 

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Member Georgia Carry
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11,933 Posts
If you openly carry a black powder revolver in SC, then you are not concealing a weapon.

And, the prohibition on open carry applies only to "handguns" and "pistols", neither of which can be a black powder revolver under their definitions.

I just now emailed SLED to see what they say, but the law is rather clear that in SC you may legally openly carry a black powder revolver.

Interestingly, their preemption statue applies to all firearms, so local governments cannot have any ordinances regulating the carrying or possession of black powder revolvers.
 

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Member Georgia Carry
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11,933 Posts
Rmodel65, did you ever get a response from SLED?
 

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Member Georgia Carry
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11,933 Posts
Just now got a email from SLED. We are good to carry a black powder revolver openly if the barrel is under 12" long.
 

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Member Georgia Carry
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11,933 Posts
After doing a little research, I believe SLED was a little confused about the 12" limitation. It does NOT apply to black powder revolvers. The 12" limitation applies only to concealable weapons that are carried with a permit. You don't need a permit to carry an antique revolver.

Also "antique firearms" are specifically excluded from Title 16 - Crimes and Offenses SECTION 16-23-270.
 

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Member Georgia Carry
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11,933 Posts
The entirety of "Title 16 - Crimes and Offenses, CHAPTER 23, Offenses Involving Weapons, ARTICLE 1, Handguns" does not and cannot apply to antique firearms per SECTION 16-23-270 - "The provisions of this article shall not apply to antique firearms."

That means ALL of Article 1.

http://scstatehouse.gov/code/t16c023.php

Apparently, this means that you can carry a black powder antique pistol or a replica openly or concealed without a permit, even on school grounds, unless there is another article making them illegal to carry on school property.

And state preemption applies to ALL firearms if I recall correctly. That means you can carry these type weapons into public buildings, whether they are posted or not!

I wonder if the SC Legislature will fix this "loophole", or if they will just honor citizens' liberty to carry regular firearms now in current off-limits places, since they can carry other projectile firing weapons in them.
 

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Man of Myth and Legend
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15,351 Posts
They went open carry permissible a bit ago.

Nemo


 
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