school carry [Archive] - Glock Talk

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rns-glock37
10-11-2009, 07:49
i know that sc has changed the law to allow sc ccw permit holders to have a gun on school grounds provided it stays in the car. as i understand it senator hutto insisted on some changes prior to the bill becoming law. one of the changes was that it was UNLAWFUL for the ccw to open the console, glove box, etc while on school property even in the presence of a leo. can someone tell me if this is still the case or has it been changed? this is an important issue as the other day after a football game we were leaving and a guy bump into my car. fortunately there was no damage at all to either car but if there had been then i would not know what the law says. my weapon was in the glove box along with my registration and proof of insurance.

Glockrunner
10-11-2009, 20:27
Interesting question, common sense would say,"well you could ..." but common sense never seems to prevail when we're dealing with the law.

I suppose I could paraphase this over at the GrassRootsSC website or you could join and do it yourself.

There is a link in my signature line.

hpj3
10-13-2009, 22:50
I can find no specific restriction... other than the "... kept in the closed console, glove box, (etc)...

In the scenario mentioned, the weapon, if stored properly, is legal. If asked by LE for something kept in the same location, let him/her know then get what you need. Also, in the event the weapon is needed for self defense/defense of others while there (an unintended positive consequence?) you would obviously have to open it.

I musty second the suggestion above... join GrassRoots. You'll find it a most pleasant experience and full of useful information... and will result in a good feeling that you are actually helping defend and improve what you currently enjoy.

Howard

rns-glock37
10-16-2009, 05:43
I can find no specific restriction... other than the "... kept in the closed console, glove box, (etc)...
Howard


i went to the grassroots website and read the history of the school carry law (S593) and this is part of it directly from the website.



"The Senate amendment to S. 593 demanded by Sen. Brad Hutto prohibits a CWP holder from wearing her concealed weapon on her person inside her vehicle while on school grounds. This means the CWP holder will be forced to handle the concealed weapon more frequently than necessary, to do so in front of the children, and to show the children where the concealed weapon is kept inside the vehicle. None of these forced alternatives are better than allowing the CWP holder to keep the concealed weapon concealed and on her person. In addition, as originally drafted, a CWP holder could have legally opened the glove box, console, or trunk where the concealed weapon was kept in the presence of a law enforcement officer to retrieve a driver's license, registration, or proof of insurance. The Hutto amendment deleted the language to allow a CWP holder to legally do so even in the presence of a law enforcement officer."


the last two sentences is my issue and the last sentence in bold is what i'm really concerned about. what this is saying essentially is that if the situation that i was in the other night after a football game required that i needed to file a report (fender bender) i would have been breaking the law by opening my glove box to retrieve my registration paperwork even when requested by a leo. as stated by glockrunner, common sense and the law is not always on the same page. by using simple common sense i could have been unknowingly committing a felony offense.

i feel this is an extremely important issue as we all can see from the dickey case that there are some serious anti-gun people that are in position to make life really uncomfortable. and as in the dickey case some are willing to circumvent, manipulate, and do some underhanded (unethical) things to accomplish their anti-gun views.

Glockrunner
10-21-2009, 21:12
And now the Georgetown folks have passed an ordenance forbidding anyone to posscess a firearm on the schools grounds.

Thumbing their noses at the state law, WOW!

Here's a link to a thread here on GT : http://glocktalk.com/forums/showthread.php?t=1135021

hpj3
11-09-2009, 21:03
Not a definitive legal opinion, but am thinking the following may apply as an affirmative defense...

(snipped)

SECTION 16-23-20. Unlawful carrying of handgun; exceptions.
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:

(snipped)

(9) a person in a vehicle if the handgun is 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;

(snipped)

Will look into it further

Howard