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Concealed Carry question re: South Carolina

Discussion in 'Legal' started by George P, Mar 15, 2019 at 7:07 PM.

  1. George P

    George P Member

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    I am finding myself having to make a trip to SC this weekend. While I know my FL CWFL has reciprocity, where I will be I am not sure about. I will be moving someone from a rehab facility to another rehab/assisted living facility. Are those places classed like hospitals as no carry allowed?
    I have no issue leaving the gun in the car while there, but would like to make sure.
    TIA
     
  2. George P

    George P Member

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  3. jmorris

    jmorris Member

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    When I travel and am not sure of laws, I call the NFA branch 1st, if applicable, then State Police, then County, city. Acquire names and numbers along the way with “important” ones stored in my cell phone. Things in print are also handy.

    Rehab places could be private or public (park on the street and you will likely be public), doesn’t matter much from me as I don’t know the rules in that State but if I wanted to know I’d be calling the folks that could lock me up vs random folks on the Internet.

    It’s different from place to place. Some have to be unloaded and locked up, some have had to be in view. Some places they don’t even know, you’ll get different answers with more than one call (that’s scary) so I proceed with caution.
     
    Last edited: Mar 15, 2019 at 10:06 PM
  4. ckennett

    ckennett Member

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    Here is the relevant section from the sled website.

    SECTION 23-31-215. Issuance of permits.

    (K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer:

    (1) identifies himself as a law enforcement officer; and

    (2) requests identification or a driver's license from a permit holder.

    A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.

    (L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five-dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder, at which time the original permit must be returned to SLED.

    (M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

    (1) law enforcement, correctional, or detention facility;

    (2) courthouse or courtroom;

    (3) polling place on election days;

    (4) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

    (5) school or college athletic event not related to firearms;

    (6) daycare facility or preschool facility;

    (7) place where the carrying of firearms is prohibited by federal law;

    (8) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;

    (9) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer; or

    (10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises pursuant to Sections 23-31-220 and 23-31-235. Except that a property owner or an agent acting on his behalf, by express written consent, may allow individuals of his choosing to enter onto property regardless of any posted sign to the contrary. A person who violates a provision of this item, whether the violation is wilful or not, only may be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this subsection.

    Except as provided for in item (10), a person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

    Nothing contained in this subsection may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and 51-3-145.

    (N)(1) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity.

    (2) Notwithstanding the reciprocity requirements of item (1), South Carolina shall automatically recognize concealed weapon permits issued by Georgia and North Carolina.

    (3) The reciprocity provisions of this section shall not be construed to authorize the holder of any out-of-state permit or license to carry, in this State, any firearm or weapon other than a handgun.
     
  5. MedWheeler

    MedWheeler Member

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    Item nine in the post immediately above excludes rehab facilities from lawful carry if any "medical procedures are performed" there. If there is even one nurse present, you can bet that "medical procedures are performed" there. Even the simple taking of vital signs (heart rate, blood pressure, oximetry, etc) by a CNA can be considered a "medical procedure."

    Assisted-living facilities do not always have "medical procedures" performed on site. The types of services offered will determine that; some actually include memory-care units that are essentially nursing homes within the ALF.

    I'd go with the assumption that the law is meant to bar carry in any healthcare facility.
     
  6. George P

    George P Member

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    Thanks, looks like I'll just leave it in the car when I go there
    Appreciate it all!
    Also was not aware of duty to inform or that signs have the force of law.
     
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