carsontech
Activist Member
When a discussion of H.3292 is started, there is always a person that asks if the bill will legalize open carry in SC. From my research, the answer is yes, but not in all cities or counties.
We have all seen where H.3292 does not restrict carrying a firearm openly if the firearm is not being used in a crime:
http://www.scstatehouse.gov/sess119_2011-2012/bills/3292.htm
BUT...Some cities and counties seem to have ordinances that make carrying a handgun, concealed or not, a crime. The only reason carrying concealed is not a crime in those cities and counties is because of section 23-31-510 the in SC Code of Laws.
http://www.scstatehouse.gov/code/t23c031.php
Pay attention to The Local Regulations section of the SC Code of Law, especially Section 23-31-520. Basically, without a definition of brandishing, or case law about it, cities and counties could look at open carrying as brandishing.
If H.3293 was passed, or a similar bill, without modification to Section 23-31-520. Then I'm sure the legality of open carrying firearms would depend on what county or city you are in and what the Judge's definition of brandishing is.
So, as I said here, and another thread, we need to see about getting Section 23-31-520 amended, like adding a definition for brandishing to make it clear that wearing a holstered firearm is not considered brandishing.
Below are some of the ordinances for some cities and counties that may look at the open carrying of a firearms as criminal.
We have all seen where H.3292 does not restrict carrying a firearm openly if the firearm is not being used in a crime:
Section 16-23-20.
It is unlawful for anyone to carry about the person any handgun, whether concealed or not, with the intent to use it unlawfully against another person. The intent to use a handgun unlawfully against another person shall not be inferred from the mere possession, carrying, or concealment of a loaded or unloaded handgun.
http://www.scstatehouse.gov/sess119_2011-2012/bills/3292.htm
BUT...Some cities and counties seem to have ordinances that make carrying a handgun, concealed or not, a crime. The only reason carrying concealed is not a crime in those cities and counties is because of section 23-31-510 the in SC Code of Laws.
LOCAL REGULATIONS
SECTION 23-31-510. Prohibition against regulation of certain matters.
No governing body of any county, municipality, or other political subdivision in this State may enact or promulgate any regulation or ordinance which regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things.
SECTION 23-31-520. Power to regulate public use of firearms; confiscation of firearms or ammunition.
This article does not affect the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, nor does it prevent the regulation of public brandishment of firearms during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters. This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest.
http://www.scstatehouse.gov/code/t23c031.php
Pay attention to The Local Regulations section of the SC Code of Law, especially Section 23-31-520. Basically, without a definition of brandishing, or case law about it, cities and counties could look at open carrying as brandishing.
If H.3293 was passed, or a similar bill, without modification to Section 23-31-520. Then I'm sure the legality of open carrying firearms would depend on what county or city you are in and what the Judge's definition of brandishing is.
So, as I said here, and another thread, we need to see about getting Section 23-31-520 amended, like adding a definition for brandishing to make it clear that wearing a holstered firearm is not considered brandishing.
Below are some of the ordinances for some cities and counties that may look at the open carrying of a firearms as criminal.
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