What are the laws in SC for carrying a loaded AR type pistol in a vehicle?

I have my ccw, but I think that only applies to handguns no longer than 12".

It's an interesting question.

I don't know the answer, but I am willing to pontificate on it.  I apologize for my longwindedness.
I should also note I am not a lawyer, do not take any of my ramblings as advice, seek actual legal council for a more concrete answer.

You are correct that a "concealable weapon" is defined as a firearm that is less than 12 inches, in Article 4 SECTION 23-31-210. Which defines the issuance of concealed weapons permits.

However, SECTION 16-23-10 defines a handgun for its provisions.
(1) "Handgun" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.

The relevant provision is 
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:

(9) a person in a vehicle if the handgun is:
(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 weapon 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

So the law says a handgun (as defined in 16-23-10) concealed or not except as (9) states.
Item 9 (a) also never explicitly states a "concealed weapon", but uses the term "handgun" when referring to how one must store it.
Without a concealed weapons permit, anyone would be limited to the "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" and that would include a handgun that passes the concealed weapon length limit. I see no issue here.

Now on to the more interesting part where I split hairs. The last sentence says if you have been issued a concealed weapon permit pursuant to Article 4, Chapter 31, Title 23 the you may secure your "WEAPON under a seat in a vehicle, or in any open or closed storage compartment within the vehicle's passenger compartment"

Well, you have been issued a CWP pursuant to that section of law, it doesn't say that you can only place a concealable weapon pursuant to that section of law in those locations. Instead it only refers to the terms "handgun" and "weapon" as defined in this section of law (16-23-10) and "whether concealed or not" as stated in 16-23-20.

To me, that technically says it should not be an issue since it does not state that the handgun has to be concealable in the exception to this condition, only that you have a permit that allows you to conceal a concealable weapon.

If you contrast the wording of item 9 above to item 12, which grants the exception to allow people to get permits from SLED to conceal carry on their persons in public, you can see that in that language it explicitly states that you may only carry pursuant to the conditions set forth in the permit, which is Article 4, Chapter 31, Title 23. That language is noticeably absent in item 9.
(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee's person and a location specified in item (9)

"Discretion Is The Better Part of Valor"


The $50,000.00 question is "Is the OP prepared to explain the intricacies of SC's gun laws in futile detail to a law enforcement officer who only knows there's an AR sitting in or under the passenger seat?"

Legal or not, you KNOW what's going to happen during a traffic stop.

I carry AR's, Shotguns, etc in my P/U - not loaded - how else am I to get the "weapons" to the range? I recall (if i'm not mistaken) that SC definition of a weapon includes firearms, knives (blade length longer than 2"?), baton, etc.

+1

Our resident lawyer said for long guns loaded or otherwise is fine anywhere in the vehicle, legally speaking. But, he still recommends obscuring it from view.

Thanks for the replies.

I always transport AR pistols and rifles unloaded to the range.

I never put much thought into it until recently after reading the "ATF Reverses Stance On Shouldering Sig Brace" thread in GD.

Pistol guys and SBR guys arguing which is the best route.

One of the arguments for the pistol was the fact that they can be legally carried (in some states/conditions) loaded in a vehicle, where you cant with an SBR or regular rifle..

THIS^^^^!!!!!!!!

First, CWP pertains to carrying on your person. It doesn't change how you can or cannot carry a weapon in your vehicle (I am open to being corrected if I'm wrong). Second, just because a person is a Law Enforcement Officer DOES NOT mean they understand certain laws any better than anyone else. Case and point....while watching a recent episode of Live PD, a man was pulled over for "excessively loud music" in his vehicle. When he was stopped, the officer asked him if he had any weapons in the car. The man said "no." Then, when the officer asked for his DL, the man handed him his DL and his SCCWP. The officer than asked, again, if there was a weapon in the car and then the man said "yes." Turns out it was under the floor mat in his vehicle. When the officer asked why he didn't tell him there was a weapon in the car when he asked the first time, the man said "it's not my duty to inform you of that." WRONG!!!!!!!! PAY ATTNETION IN THE CLASSROOM PORTION OF YOUR SCCWP CLASS!!!!!!!! The officer informed him IT WAS his duty to inform the officer upon contact. Back to the point......The officer went back to a different officer (who pulled up after the stop) and they began discussing the legalities of carrying a weapon in the car and how it is impacted, if at all, by possessing a valid CWP. Consensus......NEITHER ONE OF THE OFFICERS KNEW. You could openly hear the conversation and neither officer "was sure."

This is not meant to be a "bash" of LEO but the facts are the facts. Don't leave yourself open to a "misinterpretation" of the law and/or don't misinterpret it yourself.

And just think what we will have if "Constitutional carry" passes!

Be careful of WMA land as well.

So, whats the latest on that?

NOGO this session.

So is it legal to keep an AR pistol laying on the backseat? I've always kept a loaded AR of some sort on the backseat of my truck but I've never thought about the legality of it. My deer rifle or turkey gun however resides between the driver seat and center console when the seasons are in and no one has ever questioned it.

To the best of my knowledge, any "handgun" carried in a vehicle for protection must be in the center console or glove compartment.

Any updates. I'm building a ar pistol and live here in Myrtle beach. Would like to leave in in my truck. Would my cwp cover this

I cant seem to get a solid answer from anyone.

There's a guy at my lgs that just passed his bar that I've been meaning to ask.