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S.1255 Restaurant Ban Repeal

John Canuck

Regular Member
Joined
Jul 30, 2011
Messages
275
Location
Upstate SC
S.1255 Restaurant Ban Repeal

TO AMEND SECTION 16-23-465 OF THE 1976 CODE, RELATING TO THE CARRYING OF A CONCEALED WEAPON IN A BUSINESS THAT SELLS ALCOHOL TO BE CONSUMED ON THE PREMISES, TO PERMIT THE POSSESSION OF A WEAPON UNLESS NOTICE OF A PROHIBITION IS PROVIDED BY THE BUSINESS, TO PROHIBIT THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN A BUSINESS BY SOMEONE CARRYING A FIREARM, AND TO REDUCE THE PENALTIES FOR VIOLATIONS.

http://scstatehouse.gov/sess119_2011-2012/bills/1255.htm

Until we get open carry here, we can at lease fix the silly restaurant ban.
 
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John Canuck

Regular Member
Joined
Jul 30, 2011
Messages
275
Location
Upstate SC
This is an update on his bill:

Amending South Carolina’s CWP Law

Currently, the law pertaining to Concealed Carry in SC does not permit a CWP holder to carry into any establishment that serves alcohol. This eliminates your ability to carry into most restaurants or to carry while out if you possibly might be planning on stopping into a restaurant that serves alcohol.

A Bill was introduced last year in the SC House that would have amended the current statute to permit concealed carry into establishments that serve alcohol provided (1) you don’t carry where posted according to current law, (2) you leave the establishment when asked to leave by the owner, (3) you don’t consume alcohol. That Bill (H 3292) was referred to the House Judiciary Committee and never made it out. H 3292 remains “alive” because the session goes through this year (June). At that time, if it has not been acted upon by both the House and the Senate, it will die.

I have been working with Senator Mike Rose over the session recess to have him introduce a similar Bill into the SC Senate to try to get this process revived and moving. Last week, my Bill (S 1255) was introduced by Senator Rose and received first reading before being referred to the Senate Judiciary Committee.

For a Bill to be passed into law in SC, it must be read and voted upon three times in each body of the legislature and then signed by the Governor. With these Bills, we need either one to be voted out of its respective Judiciary Committee and then addressed by the floor of each body another two times.

The reality of all things legislative right now is that time is working against us; right now the SC Legislature is consumed with budgetary issues and will find little time to address our concerns with this Bill unless we apply pressure. To effectively move these Bills along we need to target that pressure effectively at the correct “pressure points” along the way. Right now the appropriate pressure point(s) will be the respective Judiciary Committee chairman. The Chairman of a committee has the power to call a vote on any Bill in that committee. He is the only one that can make that happen right now.

We have a better chance if we just focus on S 1255 right now because it is a shorter Bill focuses only on the issue of establishments that serve alcohol. Therefore we need to concentrate on the Senate Judiciary Committee right now. Therefore, I am asking all CWP holders to please call / contact the Senate Judiciary Chairman Glen McConnell and ask him to please do whatever it takes to get this Bill out of the Judiciary Committee.

S 1255 has been assigned to a Judiciary Subcommittee that is made up of Senators Knotts, Massey, and Coleman. Consider sending a message similar to the following sample I have provided below to each one of them. This is simple to do…simply go to the SC Legislature website, click on “Committee Information” at the top, then scroll down the page to the “Senate Standing Committees” below and click on “Judiciary”. Once you’re on the Senate Judiciary Committee page, select each one of these three Senators listed above one at a time and click on the “Send Message to…” link on their page. You can cut the following message and paste it if you like.

Senator _________, I just want to encourage you to please consider S 1255 for passage out to full committee and then onto the Senate floor. I also would ask you to co sponsor with Senator Rose. This Bill would remedy a problem for CWP holders with the current statute. Currently, the law pertaining to Concealed Carry in SC does not permit a CWP holder to carry into any establishment that serves alcohol. This eliminates a CWP holder’s ability to carry into most restaurants or to carry while out if he/she possibly might be planning on stopping into a restaurant that serves alcohol.

This is very important because our ability to exercise our 2nd Amendment rights and utilize a CWP is severely impacted by the language in the current statute. This Bill is very reasonable and makes accommodations for safety and private property concerns. CWP holders by nature are law abiding citizens that have undergone the training and background check to receive a SLED issued CWP. Criminals are carrying weapons all over the state in violation of our laws. Conversely, thousands of citizens are lawfully carrying concealed weapons everyday in our state without incident. Please help us with this simple and reasonable amendment to the current statute.

Respectfully,
Your Name

http://www.scstatehouse.gov/committeeinfo/senatejudiciary.php
 

carsontech

Activist Member
Joined
Apr 7, 2011
Messages
529
Location
Anderson, SC
Thanks for posting the update here. We need to spread the word about this situation, and especially about Senator knotts.
 
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carsontech

Activist Member
Joined
Apr 7, 2011
Messages
529
Location
Anderson, SC
Senator Knotts,

YOU need to also take into consideration that criminals usually do not abide by laws. Criminals carry firearms into places they're not suppose to be able to legally carry in, regardless of laws. After reading your reasoning for not wanting armed CWP holders to be able to enter establishments that serve alcohol, I'm guessing your getting paid by the "Brady Bunch".
...

Time to go "RINO hunting". Sic Semper Tyrannis! :cuss:
 
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SlowDog

Regular Member
Joined
Aug 17, 2009
Messages
424
Location
Redford, Michigan, USA
restaurant ban

I travel through South Carolina often am just trying to clarify weather I can carry concealed in a restaurant or not with my CPL? Any help would be great!!
 

Throttleup

New member
Joined
Jul 9, 2010
Messages
7
Location
Little River, South Carolina
Resturant Carry

Showdog,
This is a very old thread, I'm surprised it is still active. If the restaurant can serve you alcohol (beer, wine, whiskey) at your table, then you may not carry a concealed weapon in there. Doesn't make any difference if it has a sign posted or not. This may or may not get changed this year, we're working on it.
 

hp-hobo

Regular Member
Joined
Jun 24, 2008
Messages
399
Location
Manchester State Forest, SC
I travel through South Carolina often am just trying to clarify weather I can carry concealed in a restaurant or not with my CPL? Any help would be great!!
Let me give you an actual citation so you're not just taking someones word for it. Hell, I thought that was rule on this forum...

"SECTION 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquors, beers or wines for on-premises consumption.

In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol or firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than three years, or both.

In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, must have his concealed weapon permit revoked."

http://www.scstatehouse.gov/code/t16c023.php
 
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