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What is the law regarding carrying openly?

Malum Prohibitum

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Can direct me to the law regarding carrying openly in South Carolina? Is it EVER legal to carry a handgun openly, perhaps while at a shooting range, or at home? Is it legal to carry a long arm openly?

Please provide statute numbers that make such conduct legal or illegal, if you please.

I would like, in this thread, to cover every possible situation.

Thank you in advance for your assistance.
 

Malum Prohibitum

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It appears to be legal to carry a handgun openly when hunting or fishing.

"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"

16-23-20(4)
 

Malum Prohibitum

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Also on your own property or anybody else's with the owner's permission:

a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property

16-23-20(8)
 

Malum Prohibitum

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I can find nothing about long arms, so I am concluding that it is technically legal to carry an AR15 openly while in South Carolina, no permit or license required.

Can anybody prove me wrong?

Have I missed anything above with respect to carrying handguns openly?
 

hp-hobo

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I'd say you pretty much have it. You can OC while hunting or fishing or while traveling to and from hunting or fishing. You can carry (OC or CC) on private property with the owners permission, which of course includes your own property. There are exactly zero laws in SC concerning the open carry of a long gun or even a handgun that doesn't meet the specification of a "concealable weapon". And you can even get away with OCing within the law depending on where you are. I can cite the law but it's a confused mess.

If I may ask, what brings up this query?
 

OC for ME

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OC, as "defined by OCDO", is unlawful in SC. The exceptions to carrying (OC) are not "permissions" to OC, they are exceptions in the law that will (should) keep you out of jail.

Verbal jujitsu is a skill in high demand when a citizen "OCing" is approached by a cop.....in SC.
 

Malum Prohibitum

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I'd say you pretty much have it. You can OC while hunting or fishing or while traveling to and from hunting or fishing. You can carry (OC or CC) on private property with the owners permission, which of course includes your own property. There are exactly zero laws in SC concerning the open carry of a long gun or even a handgun that doesn't meet the specification of a "concealable weapon". And you can even get away with OCing within the law depending on where you are. I can cite the law but it's a confused mess.

If I may ask, what brings up this query?
Of course you may ask. I am preparing to sue the State of South Carolina for denying nonresidents the right to bear arms, and I am curious what responses South Carolina will raise as arguments for why they are not violating the right to bear arms of nonresidents who visit the state.

The main thrust of the lawsuit will not be Second Amendment but violation of Article 4 Section 4, the privileges and immunities clause. For those who have never encountered this provision or arguments relating to it, here is the Wiki version of it.

http://en.wikipedia.org/wiki/Privileges_and_Immunities_Clause


I hope that answers your question without getting too wordy.
 

hp-hobo

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Of course you may ask. I am preparing to sue the State of South Carolina for denying nonresidents the right to bear arms, and I am curious what responses South Carolina will raise as arguments for why they are not violating the right to bear arms of nonresidents who visit the state.

The main thrust of the lawsuit will not be Second Amendment but violation of Article 4 Section 4, the privileges and immunities clause. For those who have never encountered this provision or arguments relating to it, here is the Wiki version of it.

http://en.wikipedia.org/wiki/Privileges_and_Immunities_Clause


I hope that answers your question without getting too wordy.
Roger that. If I can be of any help just let me know.
 
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