Visiting Myrtle Beach, Misdemeanor?

[NMGlock26]

I will be visiting Myrtle Beach this summer. Of course South Carolina will not honor my New Mexico CHL.
I read the statue 16-23-20. So it is a misdemeanor to carry a concealed hand gun if I understand correctly.
Also in a resturant that serves alcohol? Here in NM it turns from a misdemeanor to a felony in a place that serves
alcohol without a permit. Of course I would never risk a misdemeanor to protect my family. Thanks in advance.

 

[Throttleup]

Visiting South Carolina

You are correct that SC does not honor NM's concealed carry permit.

However, in South Carolina, you may keep a loaded handgun in the closed glove box or center console of your vehicle. You may carry it in any closed compartment. That compartment must have a door that can be closed but does not have to be locked. You may not put it in an open compartment like the map pocket on the door or under the seat. If stopped for a traffic violation, there is no requirement to advise the officer that it is there. However, if you need to enter that compartment to get your documents you should so advise the officer.

You may store it loaded or not in the trunk. You may also take it into your hotel or rental property. Carrying into a bar or restaurant the serves alcohol for on premise consumption is a misdemeanor. Carrying into a publicly owned building or school is a felony.

Hope that helps.

 

[armaborealis]

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.



Of note, that appears to be a disabling offense under federal law. 18 U.S.C. 922(g) defines prohibited persons. It isn't just felons. It includes people who have been convicted of any crime where the sentence exceeds a year.

So a misdemeanor conviction in SC for unlawfully carrying in a restaurant can turn you into a prohibited person for life.

I'd suggest following the law and steering clear -- there are some restaurants where you can carry, or you can do the whole "cook in the room" thing while on vacation. My wife and I rarely go out to eat in South Carolina for exactly that reason. I've actually turned around and left places that I thought were ok when I saw they had a few buds in a fridge. It is sometimes surprising which places have booze licenses.

 

[Herr Heckler Koch]

Of note, that appears to be a disabling offense under federal law. 18 U.S.C. 922(g) defines prohibited persons. It isn't just felons. It includes people who have been convicted of any crime where the sentence exceeds a year.

That is the definition of felon in SC, liable to incarceration for more than a year.

 

[NMGlock26]

Visiting South Carolina

The only issue I see where it might get stickey is that if I get pulled over and they run my NM drivers license your NM CHL is also pulled up automatically.
So having it concealed on my person in the car would be an issue as it must be in the center console. How stupid. Any ways not worried outside of the vehicle as there must be PC and its a misdemeanor any way to carry concealed. Disclaimer, not that I will. I am surprised South Carolina has restrictive
gun laws. Here in NM you may carry in the vehicle any way you want, with or with out a permit.

I may just go to Florida.

 

[NMGlock26]

Visiting South Carolina gray area

So the only way to get a non resident permit is to own property in SC ? Also if I purchase a fishing licence are you good to conceal in the vehicle or on your person?
16-23-20 exceptions, section 4 ? Going fishing or returning from fishing.

 

[armaborealis]

So the only way to get a non resident permit is to own property in SC ?

Correct. There is an exception for active duty military who are on PCS orders in the state. There is no exemption for military spouses, though, so unless the military spouse establishes SC residency, or unless the spouse has a permit from their state of residency, or unless she owns real estate, SC effectively prohibits military spouses from carrying weapons openly or concealed for the duration of their spouse's service in the state. Sucks for spouses from Illinois, California, or other states which don't issue permits (perhaps a good reason to establish residency in SC). Tourists are totally SOL.

Also if I purchase a fishing licence are you good to conceal in the vehicle or on your person?
16-23-20 exceptions, section 4 ? Going fishing or returning from fishing.

You can carry if actively engaged in fishing or traveling to and from fishing or hunting. Here's the statute:

"It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:
(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;"

I am personally unaware of any case law on the issue. I would not push it. I'd say while actively engaged in fishing you're ok; while walking DIRECTLY to and from your vehicle with your fishing gear, you're ok; but that's about it, by a strict reading of the narrow exemption. I would not stop for lunch, I would not get ice cream. Carry from the fish to the car, and then in the car.

Additionally, it looks like carrying weapons may be illegal in Myrtle Beach.

"Sec. 16-49. - Same—Carrying concealed or unconcealed weapon.

It shall be unlawful for any person to carry, either concealed or not, any pistol, dirk, slingshot, metal buckler, razor or other deadly weapon used for the infliction of injury to the person or property. Upon conviction thereof besides such penalty as may be imposed by the court, the defendant shall forfeit the weapon to the city."

The second clause "used for the infliction..." looks like it might imply some sort of evil intent is required for the charge to stick, but who knows what the local case law and LEO attitudes are. The state pre-emption statute should cover you and nullify this sort of ordnance, but there's nothing to say that you won't be arrested by local law enforcement and spend a night in jail before getting bailed out. Nice vacation. The bottom line appears to be that neither South Carolina nor Myrtle Beach wants your firearm to accompany your tourism dollars. Sorry. The gun laws in SC are in serious need of updating.

 

[sawah]

I WONDER...how many states have this rule and have 'forgotten' to exclude 'peace officers', LEOs, various political officers of the town who have been convicted of a crime but no jail time. A low class felony. Or a 1 year term suspended.

It would be a case of 'slipping through the cracks', but I can not believe that no LEO has ever been convicted of a crime, put on a year's probation and then gotten a LEO job in another location after a lot of good behavior (or bad history checks).

THere might be LEOs who, strictly speaking, are guilty of a crime (say a detective who CC, got a one year term but served no actual time (reluctance by the prosecutor) in a town where they have that rule and forgot to put in an exclusion.

It's a convoluted, situation and is a bit hilarious, but I wouldn't bet there aren't a few towns, states who have criminalized their police force members and nobody has discovered, or called them out on it.