I regularly represent people charged with "unlawful carrying" offenses in the low country. In almost every scenario, the person has either (1) forgotten about where the handgun is located in their car or (2) believes that the place they have the handgun stored is lawful. Unfortunately, ignorance of the law is no defense to breaking it. Rather than resting your head on a pillow of ignorance, I hope the following non-exhaustive list will educate the readers where and how to lawfully carry a handgun in South Carolina.
In South Carolina, it is unlawful to carry a handgun on your person, whether open or concealed, unless
- Going from or to target shooting and gun shows (§16-23-20(3)).
- Going to or from places to fish or hunt (§16-23-20(4)).
- A person in his home or upon his property or a person who has the permission of the owner or the person in legal possession/legal control of the home or property (§16-23-20(8)).
A person in a vehicle if (§16-23-20(9)):
if the weapon is secured in a closed glove box
- closed console
- closed trunk
- closed container secured with an integral fastener and transported in the luggage compartment of the vehicle .
- For concealed carry permit holders, they may secure their handgun under a vehicle seat or in any open or closed storage compartment within the car's passenger compartment or concealed on him or her and he or she has a valid permit.
- The owner or a person in legal possession or control of a business, while at the business, and their employees (with exceptions) but the employee must first have a concealed weapons permit and have permission of the owner.(§16-23-20(13)).
- A person taking a handgun directly from or to a vehicle or location under this section (§16-23-20(15)).
- A person on a motorcycle when the pistol is in a closed saddlebag or other closed accessory container attached to the motorcycle. (§16-23-20(16)).
If you have been arrested for a gun charge, a DUI, drug charge, assault charge, or any other criminal offense in South Carolina please call my office to schedule a free interview. I also handle driver's license issues, parole cases, and other matters. If you have questions about a search warrant, arrest warrant, or any other issue involving your personal rights and liberty, please feel free to contact my office as well. At my office, you will receive a free interview in criminal cases. If retained, I will go about protecting your initial court appearance, if possible, and begin investigating the case. If you have questions about a criminal or DUI case or questions about this article, feel free to contact me at (843) 761-0610. If you would like to read more about South Carolina's DUI and criminal laws, copy/paste this link into your search heading http://www.vannoylawoffice.com/blog/
If you have questions regarding a DUI or criminal case in Berkeley, Charleston, or Dorchester County, please contact my office today at (843) 761-0610 or through the contact page on this website.
Brady Vannoy is a criminal defense lawyer in Berkeley County, South Carolina. He carries a Martindale-Hubbell AV Preeminent Rating. According to the rating system, "AV Preeminent(r) is a significant rating accomplishment – a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Brady is also listed in Super Lawyers(r). "Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. This selection process includes independent research, peer nominations and peer evaluations."
Brady regularly defends cases in Berkeley, Charleston, and Dorchester counties. Brady is a member of the South Carolina Association of Criminal Defense Lawyers, The National Association of Criminal Defense Lawyers, and the South Carolina Association for Justice. He can be reached at (843) 761-0610, firstname.lastname@example.org, or through the contact page on this website.