S308 Passes!

armaborealis · Jan 28, 2014

Summary: Restaurant carry will be legal once Gov Haley signs S308 (she has said she will do so). You will not be able to drink while carrying, although the penalty is only a potential two year sentence (so no longer a prohibited person offense).

S308 also cleans up several other aspect of SC CCW law:
- Permits last 5 years, not 4
- Allows you to use any gov't issued ID, not just a DL, when applying for a permit
- Removes 8 hr training requirement; trng now is as long as it needs to be to cover the material
- Lets mil and LEOs provide credentials as proof of training
- Lets you use a photocopy of your ID card for permits rather than needing new passport photos taken
- Lets you submit applications online
- Emphasizes that ignoring a "gun free zone" sign is only a trespassing violation ($200 fine/30 days max), except for the "official" gun free zones (hospitals, schools, gov't buildings, etc)
- Permits no longer expire immediately once you move out of the state
- SLED required to notify you 30 days out from expiration
- Clarifies that with a CWP, you can transport a sidearm in any compartment of your car, or under the seat

http://www.scstatehouse.gov/sess120_201 ... ls/308.htm

WRITE YOUR LEGISLATORS AND THANK THEM! Simply click "email all members" and thank them for supporting S308.
http://www.scstatehouse.gov/email.php?chamber=B

ramsey88 · Jan 28, 2014

Wait, I thought a pistol under the seat was a no-no regardless of whether you have a permit?

Dayman · Jan 28, 2014

I think under the seat would be considered open carry sense its not a compartment that can be closed? I have an under seat lock box in my jeep I would I be covered if placed in there?

Joker · Jan 28, 2014

Once she signs this, how long before it goes into effect?

flareback · Jan 28, 2014

Joker said:
Once she signs this, how long before it goes into effect?

SECTION 3. This act takes effect upon approval by the Governor.

flareback · Jan 28, 2014

ramsey88 said:
Wait, I thought a pistol under the seat was a no-no regardless of whether you have a permit?

This seems to be the relevant part of the law that was change regarding the seat (Text in red has been removed, I don't think we have strikethrough enabled on the forum).

"(10) 'Luggage compartment' means the trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term 'luggage compartment' refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, truck, or sport utility vehicle, the term 'luggage compartment' refers to the area behind, but not under, the rearmost seat. In a truck, the term 'luggage compartment' refers to the area behind the rearmost seat, but not under the front seat."

To me that sounds like if you're in a truck with no rear seats, then it can go under the front seat since that is also the rearmost seat. However, if you have a seat farther back than the front seat, say an extended cab truck or SUV, then it cannot go under the front seat.

Joker · Jan 28, 2014

The sooner she signs it, the sooner I can go out to eat

thehammer69 · Jan 29, 2014

If you read the bill instead of the cliff notes posted....the bill states that placing your weapon under the seat is OK for CWP holders. It is NOT ok if you don't have a CWP. Also, any compartment whether OPEN OR CLOSED is allowable place to put your firearm if you nave a CWP.

armaborealis · Jan 29, 2014

thehammer69 said:
If you read the bill instead of the cliff notes posted....the bill states that placing your weapon under the seat is OK for CWP holders. It is NOT ok if you don't have a CWP. Also, any compartment whether OPEN OR CLOSED is allowable place to put your firearm if you nave a CWP.

From the law:

"(a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver's license, registration, or proof of insurance. If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment; or"

ramsey88 · Jan 29, 2014

So let me ask this being a lefty: under the new law, would it be legal for me to rig up a holster setup in the door cubby/pocket of my truck? Wonder if that counts as an "open or closed storage compartment"?

armaborealis · Jan 30, 2014

ramsey88 said:
So let me ask this being a lefty: under the new law, would it be legal for me to rig up a holster setup in the door cubby/pocket of my truck? Wonder if that counts as an "open or closed storage compartment"?

I don't see why not. It is an open compartment.

You may want to print a copy of the new law if you're the kind of guy that gets pulled over often. It may take cops awhile to learn the nuances.

Frankly I don't know why the state cares where your gun is in the car -- especially if you have a CCW. Most states don't feel a need to regulate the details of car carry to this degree.