Spartanburg residents and local business owners gathered Tuesday at the One Spartanburg building on North Pine Street to discuss how to move forward with South Carolina's new no-permit carry bill passed last month. We came together to clarify.
Under the new law, South Carolinians 18 and older who are not prohibited from owning firearms will be able to carry concealed or open firearms in most places.
Adam Whitsett, general counsel for the state Law Enforcement Division, led the conversation and advised those gathered at the Spartanburg Area Chamber of Commerce how to handle interactions with individuals in possession of firearms. Mr. Whitsett explained certain exceptions to the law and what rights businesses, employers and property owners have on a case-by-case basis.
Here is a breakdown of what was discussed:
What rights do businesses and churches have regarding firearms?
As the Greenville News previously reported, business owners retain the right to post signs prohibiting firearms on their premises. No government permission is required to install signs.
If no signs are posted, you may think it is allowed on the premises.
Mr Whitsett advised businesses to err on the side of making their signs too clear. He said different scenarios, such as whether a weapon is concealable or not and whether an individual has a concealed weapons permit, make specific guidelines from companies ideal.
“My guidance to everyone is to write it as clearly as possible on your sign. If you don't want weapons, say 'no weapons,'” Whitsett said.
Conversely, under the law, firearms are not allowed inside churches. However, “appropriate church officials or governing bodies” may grant carrying permission to individuals. Whitsett acknowledged that obtaining permits varies on a case-by-case basis.
“As a precaution, we always instruct them to submit it in writing,” Whitsett said, adding that this is not required. “The rule is that if you have concerns, you should talk to church officials and deal with it. It's always best not to rely on someone's memory.”
Employers can also decide whether employees can carry.
Where can I not bring weapons?
In some places, bringing in items is completely prohibited. These include law enforcement, correctional and detention facilities, courthouses, most government buildings, and polling places.
Similar to churches, firearms are not permitted in places that provide medical services or procedures, such as hospitals, clinics, and clinics, unless expressly authorized by an “appropriate authority.”
Similarly, individuals may not bring firearms into another person's private residence unless the resident gives express permission to the carrier.
Whitsett mentioned multi-purpose spaces, such as worship gatherings within school buildings and church facilities that could serve as voting precincts on Election Day. He said the intent of the law is to judge a location by the activity taking place.
“Whatever the day is, those are the rules that apply,” Whitsett said.
Business that serves alcoholic beverages
If permitted by a business that serves alcohol, an individual may carry a firearm within the establishment, but may not consume alcohol. Effectively, this does not change existing laws relating to businesses that serve alcohol, except that they apply not only to CWP holders, but also to unlicensed carriers.
Businesses that determine that a customer violates this law can remove the customer or contact the police.
Can I store a firearm in my car?
In general, firearms can be legally stored or securely stored in a vehicle. But Whitsett stressed that just because it's legal doesn't mean employers and companies can't ban it as company policy.
Employer autonomy applies in situations involving company cars.
Spartanburg crime statistics:More than half of the guns stolen were from vehicles.
What about parks and public lands?
Concealed carry is permitted in South Carolina state parks.
In national parks, eligible individuals may take park lands, but generally not into National Park Service buildings or facilities, as long as they comply with federal, state, and local laws.
But Whitsett said that unlike many government buildings, firearms cannot be prohibited on public land owned by local entities, such as city or county parks and recreation.
Whitsett said local governments have the discretion to hold “permitted” events on the land, such as parades.
Can law enforcement search someone who is openly carrying?
Law enforcement cannot legally search a person just because they possess a firearm. However, if we have objective grounds to suspect criminal activity, we may stop and search you.
Whitsett said the bill's passage codifies into law what courts have already said about search and seizure tactics.
“Open carrying does not give law enforcement reasonable suspicion or probable cause to search, detain or arrest,” Whitsett said.
Whitsett said he can't stop law enforcement from walking up and talking to someone, but there's no need for people to get involved.
After Senate Passage:South Carolina's unauthorized carry bill heads to Governor McMaster's desk
Enhanced and graduated penalties, expungement, and “encouraged” CWP training.
The Unauthorized Carry Act also expanded the scope of individuals who are not permitted to carry firearms to include all individuals convicted of a felony punishable by at least one year in prison. Those convicted of misdemeanor crimes punishable by five years or more in prison are also prohibited from possessing firearms.
“Historically, it was only violent felonies, and that was only a small portion of felonies. Now, if you have any felony convictions on your record, you are prohibited from bringing it into South Carolina.” said Whitsett.
In addition, the House of Lords has introduced “graded” penalties that “significantly increase” penalties for violators, Whitsett said. The first offense of unlawful possession is a misdemeanor punishable by one year in prison, the second offense is a misdemeanor punishable by three years in prison, and the third offense is a misdemeanor punishable by five years in prison.
The Senate also increased penalties for those who commit crimes using concealable weapons without possessing a CWP.
more:Upstate law enforcement leaders react to new SC permit carry law, stress training
However, those with previous convictions that have been annulled under the new law and who wish to have the charges annulled will be given a five-year moratorium on their actions, effective from March 7 this year.
“If you know someone with a past wrongful conviction, there may be some new avenues for that person to seek expungement,” Whitsett said.
In addition to unauthorized carry, the new law lowers the age for obtaining a CWP from 21 to 18.
To further encourage training, SLED holds free CWP classes at least twice a month in every county in the state.
Correction: This article has been corrected to reflect that firearms are allowed in national parks as long as individuals comply with federal, state, and local laws.
Chalmers Rogland covers public safety for the Spartanburg Herald-Journal and USA Today Network. Email crogland@gannett.com..
