View Full Version : Carry without a CWP
connah
03-03-2008, 11:02 AM
Hi all. I live in the state of South Carolina where I hope to have my Concealed Weapons Permit (CWP) in a few months, but I do not PRESENTLY have it. I have a hypothetical questions for those who are knowledgeable, especially those in the law enforcement field.
Let's say I am legally (per south Carolina laws) carrying a firearm in the closed glove compartment of my vehicle. My vehicle breaks down on the side of the road and I am forced to walk to my destination. I do not feel comfortable with leaving the firearm in the vehicle so:
1) I remove the round from the chamber.
2) I remove the magazine from the weapon.
3) I remove the ammunition from the magazine.
4) I disassemble the weapon.
5) I place a trigger obscuring lock around the trigger guard and lock it putting the key in my pocket.
6) I place all of the disassembled items EXCEPT the 4" barrel in my book bag.
7) I place the 4" barrel in my pants pocket.
I now proceed on foot down the road and an officer stops me for some reason. With my hands in plain view, I immediately explain to the officer what has happened and that I have a fully disassembled weapon in my bag, it's unloaded, locked, and the barrel is separately in my pocket. I have clearly demonstrated that I am unable and unwilling to quickly access the firearm and I have let the officer know immediately that I do have a firearm.
Any ideas on what the officer would do? Would I go to jail for carrying a concealed weapon without a permit? Would he dismiss me with an admonishment to simply not do it again?
Where is the line drawn between transporting a concealed weapon and transporting weapon PARTS? I would greatly appreciate any thoughts on this hypothetical matter. Also, I'm interested in your opinion as to whether or not YOU would do this. What WOULD you do in this situation?
Thank you!
-Connah
pfoxy
03-03-2008, 12:32 PM
When I lived in SC (1983-86) it was legal for me to carry a loaded weapon in a holster on my belt, as long as it was visible.
The scenario you describe is certainly prudent and may even be legal, but I'm just guessing about that. With the ammo still in the vehicle and the weapon disassembled and locked, I can't imagine any LEO with a lick of common sense giving you a hard time about it.
11B3V
03-03-2008, 01:01 PM
Got stopped while walking in Spartanburg county with a GP-100 secured to my thigh as I was crossing the bridge at Blaylock(?)on Casey Creek road by a deputy this past July.
He asked what I was doing,where was I heading and if the handgun was loaded!
I put down my fishing pole,tackle box,loosened the belt with thigh clips,letting the belt/holster/handgun lower to the ground.
I stepped back two steps and let the officer secure it and then unload it.
He talked with me for twenty plus minutes and afterwards gave me back my gear,wishing me good luck fishing.
He had a job to do.
I gave him no flack and showed no disrespect.
He gave me my GP back commenting on how he appreciated my understanding of him trying just to stay safe while doing his job so he would be able to hug his family each night.
George
Pirate5448
03-03-2008, 01:04 PM
In Florida, where I am a 17 year LEO, (rabidly pro gun, 2nd Amend just as valid as 1st, 4th and 5th etc), that would NOT even be an issue for me or the 2500 other's in my agency. There is NO intent there. Given you are not a convicted felon, have your rights et al. The biggest problem with gun ownership and laws, Is gun owners. We do not argue well. We have allowed ourselves to be voted into this (even judicial law is the result of elected judges or judges appointed by those we allowed to be elected). We do dumb things. My best friend was a gunsmith down here for years and I hung out in his shop. WOW. That is all I can say for the moronic diatribes that I listened to. But I digress, even if you were arrested by dummy head deputy, you would be cleared almost immediately, but I dont think there are enough zeros on your pocket calculator to figure up the chance of that happening.
Hope this helps!!:)
connah
03-03-2008, 01:07 PM
Got stopped while walking in Spartanburg county with a GP-100 secured to my thigh as I was crossing the bridge at Blaylock(?)on Casey Creek road by a deputy this past July.
He asked what I was doing,where was I heading and if the handgun was loaded!
I put down my fishing pole,tackle box,loosened the belt with thigh clips,letting the belt/holster/handgun lower to the ground.
I stepped back two steps and let the officer secure it and then unload it.
He talked with me for twenty plus minutes and afterwards gave me back my gear,wishing me good luck fishing.
He had a job to do.
I gave him no flack and showed no disrespect.
He gave me my GP back commenting on how he appreciated my understanding of him trying just to stay safe while doing his job so he would be able to hug his family each night.
George
Hi, George! In South Carolina, you may carry a concealed weapon WITHOUT a permit IF you are a licensed hunter / fisher en route to your place of hunting or fishing, whether on foot or not. I'm wondering if that is why he didn't have a problem with it or if he simply wasn't a stuffed shirt...
UnCruel
03-03-2008, 01:29 PM
Where is the line drawn between transporting a concealed weapon and transporting weapon PARTS?
The answer to this question is easy: the line is drawn in a court of law :) If statutory law doesn't spell out this distinction, then a judge will look to case law (legal precedents) to make this decision. If none exists, then the judge will make the most reasoned decision he or she can, and that will establish the legal precedent for the next case.
As for what a police officer will do when he encounters your situation, the existence of such a gray area means you can't predict what he will do. His options are to:
1. Charge you with something and let you work it out in court
2. Dismiss you and:
a. Agree that it was a no-win situation
b. Order you to use his version of common sense next time
3. Confiscate your weapon and file minimal paperwork, resulting in you never seeing it again even though no charges were filed against you
Option 2a seems least likely to me. Everyone the police stops has a *** story about why they had no choice in whatever matter they are being stopped for.
Your hypothetical decision of leaving the gun in the car or take it with you hinges on two questions: Is theft from your car more or less likely than being found by a police officer to have a concealed weapon? Are the consequences of having a firearm stolen greater or less than being charged with illegally carrying a concealed weapon?
AVIVIII
03-03-2008, 02:12 PM
When I lived in SC (1983-86) it was legal for me to carry a loaded weapon in a holster on my belt, as long as it was visible.
The scenario you describe is certainly prudent and may even be legal, but I'm just guessing about that. With the ammo still in the vehicle and the weapon disassembled and locked, I can't imagine any LEO with a lick of common sense giving you a hard time about it.
I know nothing about the SC rules so I did a little research. The only thing that I could actually gain is that they did re-vamp all the rules in 2007. So look out.
slim 60
03-03-2008, 04:56 PM
well you could move to n.c...its still open carry with no permit..theres a right way to do it tho..
we have to learn how ,, to let the authorities know you represent no threat to them..hands on steering ,,interior lights on at night . inform the officer of your weapon which should be laying on the seat beside you in plain sight..other wise carried in holster that shows the weopon clearly..a coat or something can get you in big trouble if you arnt paying attention..
best just get ccp..
the truth is if people knew how many people walk past them everyday,with gun in pocket[permit or not] it would surprise many.at least here in n.c.. i have much family in s.c.
that i suspect do the same..we dont have to worry as long as we vote a congess in that
keeps the liberals power in check.its up to us..
i was really impressed by an class from the local high schools that are being trained in gun use by the wild life authorities.. surprised me. they were sponcered i think by the nra ,altho i dont know much about it yet..
curiousgb
03-03-2008, 05:17 PM
Interesting question, I would call SLED and ask them. Have you applied for CWP? If you have it will take the full 90days to receive it.
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