Unlawful Carrying a Gun

Unlawful Carrying a Gun

What’s the legal way to carry a handgun in the state of South Carolina? Hi, my name’s Dale Savage and I’m a criminal defense attorney here in Charleston, South Carolina and today we’re going to talk about what you need to know on how to carry your firearm lawfully in this state. So why is it important? It’s important because it’s a crime in South Carolina to unlawful carry a handgun. It’s a misdemeanor offense, but it does carry up to one year in prison so it’s important that you get this right. When we’re talking about this statute, what’s important to know about this is that is not regulating the gun itself, presuming that the gun is lawful, but it’s regulating the way in which you transport it. The way which you carry it about your person.

Carrying a Gun in Public

When we’re looking at that, there are two common scenarios where this comes up. One is when you’re walking around in public and the second one is when you’re transporting that firearm in your vehicle. When it comes to carrying your gun when you’re walking in public, it’s important to understand that as of the recording of this video, which is in August of 2019, South Carolina is not an open carry state. Let me repeat that again. South Carolina is not an open carry state at this point. So what that means is if you’re walking out in the street or in the public somewhere, if you have it concealed in a bag, in your purse, in your jacket, in the waistband of your pants, if you don’t have a concealed weapons permit that is a violation of the statute.

Carrying a Gun in Your Vehicle

The second scenario that comes up is when you’re transporting that firearm in your vehicle. There are four ways that are lawful to carry that firearm without requiring a concealed weapons permit and those four places are, one in a glove box that is closed. In a closed trunk, in a closed center console in your vehicle ,or in a closed container that is fastened securely. If you have your gun secured in one of those four locations, then you do not need a concealed weapons permit and you are not in violation of the statute.

Charleston, SC Gun Crime Lawyer

However, if you want to carry your firearm in your vehicle and you have a concealed weapons permit, then you can carry it in the open. It can be under your seat. It can be between your seat and the center console. You can carry it on your person. If you have it in those locations and you do have a concealed weapons permit, then you’re not in violation of the statute. So if you’ve been charged with unlawful carrying a firearm and want to know what possible defenses you have in your case, please give me a call at (843) 530-7813. I hope this video was helpful and thanks for watching.

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