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Thread: travel to South Carolina
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July 25th, 2014, 01:06 PM #1Grand Member
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travel to South Carolina
Going to Myrtly Beach State Park.
I know Federal law allows me to transport it there through the People's Republic of Maryland, I do that quite often going to WV, so no issue there. Lock it unloaded in the rear away from ammo and my immediate reach.
The way the law is worded it says I can transport through a state where I'm not allowed to carry because no recip. agreement exists, but it says words to the effect of being allowed to "possess it in the state I'm going to". Technically, what do they mean to possess it? I see SC allows anyone to vehicle carry and does not recognize PA LTCF holders. So, am I actually possessing it in SC by having it in the vehicle? Some of these laws are so illogical and strange. They also make a distinction between a console or glovebox, and a locked compartment outside the passenger compartment. They never state a glove box or console needs to be locked! Why the distinction??? They also state it must be attached using fasteners. What constitutes a fastener? Sheet metal screws, nuts and bolts, a lock and chain? I was just going to use my cable lock like I usually do until I read the statute.
As if it weren't complicated enough, under the FAQ on SC state parks website, they state no one can possess a firearm in a state park. Again, the word "possess". Handgun law says "yes" to State Park carry, but is that carry with a permit, or anybody following the afformentioned statute. Anybody want to chime in? I really don't want to take this trip without a firearm but I'm not sure I'm on solid legal footing. IOW, just like everywhere else we go, right? LOL!
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July 25th, 2014, 08:12 PM #2
Re: travel to South Carolina
keep your gun in the glove box loaded the glovebox can be unlocked. or armrest etc it has to beclosed with a lid... you do not have to inform youre carrying(unless licensed which youre not because you have to own land to get a non resident license for SC)
dunno about the state park thing. i dont really go to sc because i cant carry there
there is a lawsuit being prepared by a bunch of ga residents because they have satisfied the whole requirements for getting a SC CWP except for living in the state..
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July 25th, 2014, 09:54 PM #3Grand Member
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Re: travel to South Carolina
I get that I can keep it in the glovebox or console, but how is that safer than an actual gun safe attached to the vehicle. I guess I'm asking for it to make sense. I know that's probably pointless, but I would like to keep it as secure as possible and that isn't the glovebox. Seems one is risking punishment by going a step safer.
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July 26th, 2014, 07:18 AM #4
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July 26th, 2014, 07:36 AM #5
Re: travel to South Carolina
mosseater,
(Usual disclaimer: I'm not a lawyer and haven't personally carried in SC.)
I think you are misreading the statute regarding container fasteners. SC Code Section 16-23-20, subsection 9, allows a handgun to be carried in a vehicle per these conditions:
"(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..."
The phrase "in a closed container secured by an integral fastener" can be as simple as a suitcase placed in the luggage compartment. "Integral fastener" just means that the case can be closed and kept that way, the key word being "integral" (e.g. part of the container). It doesn't mean the case needs to be physically attached to your vehicle.
You MAY choose to physically attach it for an additional measure of security, but that isn't required.
Also note that the provisions cited above apply to anyone, not just holders of an SC CWP or a permit from a recognized state. You are possessing and carrying it in a vehicle, and you are allowed to do so under SC law. For this reason I believe the FOPA safe passage provisions cover you in the intermediate states. BUT: When passing through such states make sure you meet the FOPA transport requirements, which are more strict than those in SC. (It sounds like you know those requirements well.)
Hope this helps!
kwc
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July 26th, 2014, 09:10 AM #6
Re: travel to South Carolina
Example, don't put it in a sock under your seat or lay it on the passenger seat covered by a jacket.
I think that's what they are trying to avoid.
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July 26th, 2014, 11:02 AM #7
Re: travel to South Carolina
The parks issue is somewhat muddled. Consider -
SC 51-3-145 Certain acts unlawful at state parks.
It shall be unlawful for any person to commit any of the following acts at any park or facility under the jurisdiction of the Department of Parks, Recreation and Tourism
(G) Possessing any firearm, airgun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. This subsection shall not apply to a person carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, and the concealable weapon and its ammunition.
SC 23-31-215(O) A permit issued pursuant to this article is not required for a person:
(1) specified in Section 16-23-20, items (1) through (5) and items (7) through (11);
(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as "pepper gas";
(3) carrying a concealable weapon in a manner not prohibited by law.IANAL
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August 6th, 2014, 08:46 AM #8Grand Member
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Re: travel to South Carolina
I made it there and back in one piece. The only problem I faced during my stay was the fact that it (the sidearm) wasn't on me, but rather, in the truck. Not used to that feeling and didn't like it much. Other than that, no issues to report. The ocean was great, the state park was nice (other than the airport right next door), and the people were friendly. Great trip overall, except for navigating the beltway with a 35' travel trailer in tow and the wait in traffic on 95. ARRRRGHHH! Thanks for all the input, guys.
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August 9th, 2014, 02:15 PM #9
Re: travel to South Carolina
next time i suggest Georgia come stay on Jekyll Island its a state park super quiet and you can carry anywhere because it is a state park there is no where off limits here
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August 13th, 2014, 08:09 PM #10
Re: travel to South Carolina
Good info to know. Going to Myrtle Beach myself in a couple of weeks.
-jFw
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