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AR15.COM
9/23/2016 10:48:18 AM EDT
I know this has been covered but the search turned up nothing and google just kept turning up handgun laws.

What are the laws on having a long gun in your vehicle in SC?
9/23/2016 8:37:54 PM EDT
[#1]
Here is a link to South Carolina law regarding firearms.  I couldn't find anything that addresses long guns in vehicles but I skimmed it kinda fast.

http://www.scstatehouse.gov/code/t23c031.php
9/24/2016 6:19:13 PM EDT
[#2]

I really can't find anything on the matter besides your typical firearm restricted areas. I generally take that to mean that it is legal. There are no statutes I found that outright ban or regulate the practice.





As far as I can tell these would be the relevant sections of the law, which are not violated.



16-23-460 tells me that you can't get in trouble for accidentally covering a rifle in your vehicle if it were in the cab.

23-31-510 preempts from local regulations, so you don't have to worry about that.

50-11-760 indicates that possession of long guns is legal, loaded or otherwise, anywhere within the confines of your vehicle.



Don't take this as legal advice, its just my understanding of the loose construction of the laws. I could be missing a section of law, relevant ruling, etc..

If any of our lawyer or law enforcement friends would chime in with their opinions on the matter it would be helpful.




SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.



(A) A person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality, the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days.



(B) The provisions of this section do not apply to:



(1) A person carrying a concealed weapon upon his own premises or pursuant to and in compliance with Article 4, Chapter 31 of Title 23; or



(2) peace officers in the actual discharge of their duties.



(C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.




SECTION 23-31-510. Regulation of ownership, transfer, or possession of firearm or ammunition; discharge on landowner's own property.



No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate:



(1) the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things; or



SECTION 50-11-760. Hunting from certain public roads and railroad rights-of-way prohibited; definitions; penalties.



(A) It is unlawful for a person to hunt from a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way.



(B)(1) For purposes of this section, "hunting" includes:



(a) taking deer by occupying stands for that purpose; or



(b) possessing, carrying, or having readily accessible:



(i) a loaded centerfire rifle; or



(ii) a shotgun loaded with shot size larger than number four.



(2) For purposes of this section, "loaded" means a weapon within which any ammunition is contained.



(3) For purposes of this section, the terms "possessing", "carrying", and "having readily accessible" do not include a centerfire rifle or shotgun which is contained in a:



(a) closed compartment;



(b) closed vehicle trunk; or a



(c) vehicle traveling on a public road.


9/24/2016 10:43:52 PM EDT
[#3]
Quote History
Quoted:
I really can't find anything on the matter besides your typical firearm restricted areas. I generally take that to mean that it is legal. There are no statutes I found that outright ban or regulate the practice.


As far as I can tell these would be the relevant sections of the law, which are not violated.

16-23-460 tells me that you can't get in trouble for accidentally covering a rifle in your vehicle if it were in the cab.
23-31-510 preempts from local regulations, so you don't have to worry about that.
50-11-760 indicates that possession of long guns is legal, loaded or otherwise, anywhere within the confines of your vehicle.

Don't take this as legal advice, its just my understanding of the loose construction of the laws. I could be missing a section of law, relevant ruling, etc..
If any of our lawyer or law enforcement friends would chime in with their opinions on the matter it would be helpful.


SECTION 16-23-460. Carrying concealed weapons; forfeiture of weapons.

(A) A person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality, the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days.

(B) The provisions of this section do not apply to:

(1) A person carrying a concealed weapon upon his own premises or pursuant to and in compliance with Article 4, Chapter 31 of Title 23; or

(2) peace officers in the actual discharge of their duties.

(C) The provisions of this section also do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, knives, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.


SECTION 23-31-510. Regulation of ownership, transfer, or possession of firearm or ammunition; discharge on landowner's own property.

No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate:

(1) the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things; or


SECTION 50-11-760. Hunting from certain public roads and railroad rights-of-way prohibited; definitions; penalties.

(A) It is unlawful for a person to hunt from a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way.

(B)(1) For purposes of this section, "hunting" includes:

(a) taking deer by occupying stands for that purpose; or

(b) possessing, carrying, or having readily accessible:

(i) a loaded centerfire rifle; or

(ii) a shotgun loaded with shot size larger than number four.

(2) For purposes of this section, "loaded" means a weapon within which any ammunition is contained.

(3) For purposes of this section, the terms "possessing", "carrying", and "having readily accessible" do not include a centerfire rifle or shotgun which is contained in a:

(a) closed compartment;

(b) closed vehicle trunk; or a

(c) vehicle traveling on a public road.

View Quote

Wow thank you! It's strangely ambiguous though. I'm surprised the law isn't common knowledge around here. Lots of hunters in SC.
9/25/2016 5:47:50 AM EDT
[#4]
Really not many laws for rifles specifically. What is your exact question? Feel free to IM me.
9/25/2016 10:00:33 AM EDT
[#5]
Just want to know what's legal as far as having a rifle in my truck. How does it need to be stored and can it be loaded?
9/26/2016 3:03:28 AM EDT
[#6]
Best thing to do if you are transporting it is to put it int the trunk. Can be loaded or not. There is nothing stopping you, however, from keeping a loaded rifle in the car. It will absolutely get you a lot of attention, though from cops and citizens.
9/26/2016 1:56:09 PM EDT
[#7]
Quote History
Quoted:
Best thing to do if you are transporting it is to put it int the trunk. Can be loaded or not. There is nothing stopping you, however, from keeping a loaded rifle in the car. It will absolutely get you a lot of attention, though from cops and citizens.
View Quote

I don't have a trunk.  How would cops and citizens know if I have a loaded rifle underneath my back seat?  I'd definitely have it in a case of some sort as well.

Edit: I'm looking to keep this thing hidden during any transport.  Not going to go the gun rack route here.
9/27/2016 9:48:48 AM EDT
[#8]
Quote History
Quoted:

I don't have a trunk.  How would cops and citizens know if I have a loaded rifle underneath my back seat?  I'd definitely have it in a case of some sort as well.

Edit: I'm looking to keep this thing hidden during any transport.  Not going to go the gun rack route here.
View Quote View All Quotes
View All Quotes
Quote History
Quoted:
Quoted:
Best thing to do if you are transporting it is to put it int the trunk. Can be loaded or not. There is nothing stopping you, however, from keeping a loaded rifle in the car. It will absolutely get you a lot of attention, though from cops and citizens.

I don't have a trunk.  How would cops and citizens know if I have a loaded rifle underneath my back seat?  I'd definitely have it in a case of some sort as well.

Edit: I'm looking to keep this thing hidden during any transport.  Not going to go the gun rack route here.


If hidden/in a not obvious gun case they wouldn't. Nothing wrong with keeping a loaded rifle in the car.
9/27/2016 10:26:23 AM EDT
[#9]
Quote History
Quoted:


If hidden/in a not obvious gun case they wouldn't. Nothing wrong with keeping a loaded rifle in the car.
View Quote View All Quotes
View All Quotes
Quote History
Quoted:
Quoted:
Quoted:
Best thing to do if you are transporting it is to put it int the trunk. Can be loaded or not. There is nothing stopping you, however, from keeping a loaded rifle in the car. It will absolutely get you a lot of attention, though from cops and citizens.

I don't have a trunk.  How would cops and citizens know if I have a loaded rifle underneath my back seat?  I'd definitely have it in a case of some sort as well.

Edit: I'm looking to keep this thing hidden during any transport.  Not going to go the gun rack route here.


If hidden/in a not obvious gun case they wouldn't. Nothing wrong with keeping a loaded rifle in the car.

Awesome, thanks.