SLED issues guidance on open carry law as start date nears
BY Herschel Smith
3 years, 4 months ago
Openly carrying a firearm will be legal in South Carolina starting Aug. 15, and the State Law Enforcement Division is trying to make sure gun owners and law enforcement officers understand this upcoming change.
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“Anything as far as protecting our Second Amendment rights, I’m all for any time it comes up,” said state Rep. Cal Forrest, R-Saluda, one of the bill’s early sponsors. “I think what is lost on most people is that it makes South Carolina a Second Amendment sanctuary state.”
A section of the law requires the state Attorney General to review any federal regulation related to the concealed carry of weapons. If the state Attorney General decides the federal action seeks to limit the carrying of weapons, the law says no state funds or employees will be used to enforce it.
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In preparation for the act going into effect, SLED worked alongside the state Criminal Justice Academy to develop a training video for law enforcement officers. The video, available through the academy’s online training portal, is required viewing for any law enforcers by Aug. 13.
Greenwood Police Chief T.J. Chaudoin said he’s viewed the video, which goes over the details of the new law. It presents scenarios where officers encounter people openly carrying a firearm, and emphasizes what people’s rights are under the new law. It also went over de-escalation techniques when encountering someone openly carrying a gun.
Deescalation techniques? Why would they need to learn about deescalation techniques? Do they intend to harass open carriers? In spite of the fact that S.C. isn’t a stop and identify state, and the fact that the open carry bill contains no proviso for being stopped by LEOs while openly carrying, do they intend to making unlawful demands of open carriers?
If so, then there will be problems, and they’ll end up in court.
On August 4, 2021 at 3:17 am, robert orians said:
I often carry openly here in the police state of Ohio while riding my ten speed bike . The last time I rode some Karen must have made a call because shortly after I got home it was hard to not notice several sheriffs deputies and also State highway patrol cars cruising up and down my road . I suppose they were de-escalating ?
On August 4, 2021 at 5:25 am, Wes said:
It’s necessary to educate and define policies – now – for 911 call-center/dispatch personnel. In the absence of that, many departments are going to have codified a requirement that they “respond” in some manner to a call of “suspicious” behavior. This will, at minimum, entail them cruising through an area, or attempting to observe someone’s behavior to assess the nature of the call. Nipping that at the dispatch, in the absence of other behavior that needs a response, is better for all.
On August 4, 2021 at 6:55 am, ragman said:
Great point Wes. If ALL government thugs have seen the video and they insist on giving Citizens a hard time over open carry, said thug should be fired immediately. Along with their Jefe and training officers. Period, no exceptions.
On August 4, 2021 at 8:06 am, Mark Matis said:
Good luck with anything like that, ragman!!!
On August 4, 2021 at 11:36 am, Always Uncivil said:
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” ― Robert A. Heinlein
On August 4, 2021 at 11:53 am, Longbow said:
“…do they intend to making unlawful demands of open carriers?”
Yes. Yes, they do.
It is the nature of the Beast.
They do NOT care about what is legal and lawful. They care only about welding power.
On August 4, 2021 at 2:11 pm, Geoff said:
August 16th., not the 15th.
On August 4, 2021 at 2:23 pm, Geoff said:
Well, the website I originally looked at said the 16th., so I guess they were wrong.
Anyway, if I get hassled about it, I’ll just cross into North Carolina to do my shopping where it’s legal to Open Carry with NO PERMIT and nobody gives me a second look.
Sales Tax is lower also.
On August 4, 2021 at 3:27 pm, xtphreak said:
This bothers me:
SECTION 23-31-215. Issuance of permits.
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer:
(1) identifies himself as a law enforcement officer; and
(2) requests identification or a driver’s license from a permit holder.
So if an officer sees you carrying openly, you either:
a) have a permit (legal open carry) or
b) are committing a crime by carrying openly without a permit.
This looks to me (engineer, not a lawyer) like an LEO can ask for ID at will.
Hopefully not, per Terry, but I’m skeptical until there’s some case law.
On August 5, 2021 at 2:18 pm, Geoff said:
@ xtphreak
That is the Law if you are stopped for a traffic violation. The accepted procedure is to have your DL, CWP and Vehicle registration and insurance card ready and inform the Officer you have a CWP and that you are carrying.
Personally I have no objection to showing my CWP to a LEO if they ask.