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-   -   Castle law ???? (http://www.firearmstalk.com/forums/f17/castle-law-19023/)

GREASEMONKEY 10-11-2009 03:31 AM

Castle law ????
 
I live in SC, what is protected by the Castle Law.
I have sent numerous emails to officials, but no response.
I'm not acting on popular opinion, but would like to see what others feelings on the law is!
The castle law states that your home, property, business,and occupied vehicle is your castle. The rights of your home are extended to the property, and your vehicle while you are in it.
General firearms law states that you can carry a weapon concealed or open on your private property. Firearms law also states that a firearm must be in a latching compartment in your vehicle, unless you have a CWP.

My thoughts are aimed at the automotive end of the law. If the castle law was placed in effect after the original law covering storage, or CWP carry, then what law is correct? If I do not have a CWP, and carry my weapon concealed from my home to my business, am I breaking the law?

Not by the way I read it. My understanding is that a law placed in effect supercedes another. I am also reading that the rights of my home are extended to my vehicle, meaning that I do not have to have a CWP, and can carry open or concealed in my vehicle. I have the right to carry open, concealed, ect.. on myproperty with no CWP, so.......

What do you think?

c3shooter 10-11-2009 03:56 AM

I am NOT an attorney, and am in no way qualified to offer legal advice. However, in GENERAL, the Castle Doctrine refers to your rights to defend certain places without being legally required to retreat. CONCEALED CARRY, on the other hand, refers to when and where it is legal to carry a concealed weapon. Apples and Oranges.

You might check with your State Rifle Association, and see if they can offer some guidance.

dirtysouth 10-11-2009 04:10 AM

Go get a cwp and then you dont have to worry about it. You can carry concealed in your car and home with no problems.


I think but not 100 % positive if you dont have a cwp and you carry concealed you will be in violation of the law were as if you carry open you would not be

Because a Cwp is giving you the right to carry concealed on your preson were as you can not do that with open carry.

So i would suggest maybe to lock the firearm up in the golve box till you can get an expert to tell you one way or another.

GREASEMONKEY 10-12-2009 01:35 AM

I have a CWP, but this is one of those things that just interest me. The law is far from clear.

I can carry concealed or open on my private property (without a CWP) per existing weapons laws. My question is if the castle law is broadening the scope of what is considered my private property. If my vehicle is now considered my private property, then should i not be able to carry with or without a CWP?


I'm actually pushing the SC attourney generals office for some closure on this. I was just wondering what the general public thought.

My problem is just as C3SHOOTER said "apples and oranges"
One law dictates the right to defend myself, and one law dictates where I can legally carry a firearm, and how. The issue is within the definition of private property. Before every law in SC books there is a definition of the legal phrases, and words. The castle law being the newest addition to the law book, states that my occupied vehicle is private property. If the newer law has changed the definition, or coverage of what private property is, then I would assume that it ha changed the whole law book where private property is concered. That's just how I think, but it seems logical to me!

WDB 10-13-2009 02:28 AM

I think your trying to strech the term private property. Your coat is also private property but if your carry a pistol in your coat pocket in public with out a CWP and get caught your going to jail. The castle law does not mention conleaded carry of a firearm, just the justified use of a firearm.

Often when you press lawmakers to better define existing laws the end result will be a more restrictive law.

I am NOT an attorney or even played one on TV, just my opinion.

brolin_1911a1 10-25-2009 12:12 AM

Greasemonkey, I believe that you are confusing two entirely different issues, the right to use deadly force in self defense, and the legal right to possess the means of doing so.

The concept behind the Castle Doctrine laws is that one may legally use deadly force to protect against a home invasion rather than being required to flee or attempt to flee first. In many states, including my home state of Missouri, the law or the courts expect or expected one to make every effort to flee the scene without using violence. Missouri had no such law but the courts would instruct juries that such a responsibility existed. The Castle Doctrine states that no such duty exists; if one's occupied home, occupied structure, tent, or vehicle is invaded one may instantly assume a deadly threat and use deadly force to stop it. And, in Missouri at least, one is also protected against civil lawsuits resulting from such use of force.

But none of that automatically grants you the right or privilege to legally possess the means of deadly force, i.e., the deadly weapon. That is still addressed by the concealed carry laws of your state. All the Castle Doctrine laws do is lighten the burden of using such weapons if you have them.

The usual caveat that IANAL applies, of course.

1919A4 10-25-2009 12:17 AM

FYI, in most states, the Attorney General's office works for the state, not individual citizens, when it comes to a duty to provide legal interpretations of the law. That means that you can write or call them all you like, but you probably won't get an answer. They typically only provide legal opinions to the governor and members of the state's legislature.

GREASEMONKEY 10-25-2009 04:41 AM

Quote:

Originally Posted by WDB (Post 173360)
I think your trying to strech the term private property. Your coat is also private property

My coat is personal property, as defined by SC law.

[QUOTE=WDB;173360]The castle law does not mention conleaded carry of a firearm, just the justified use of a firearm.
QUOTE]
True, but as every SC law it carries the legal definition of terms in the article. 5yrs ago my vehicle was personal property, it is now private property.

Quote:

Originally Posted by 1919A4 (Post 177702)
FYI, in most states, the Attorney General's office works for the state, not individual citizens, when it comes to a duty to provide legal interpretations of the law. That means that you can write or call them all you like, but you probably won't get an answer. They typically only provide legal opinions to the governor and members of the state's legislature.

As Chief Legal Officer, the Attorney General:

(1) Represents and advises the State, its agencies, political subdivision, and its officials in legal matters when the State is a party to a legal action, either as plaintiff or defendant;

(2) Is responsible for employing and supervising those attorneys who represent the State, as well as, overseeing the State’s litigation and effectuating South Carolina’s legal policy;

(3) Issues official legal opinions upon request by constitutional officers, members of the General Assembly, and certain state and local officials;

#3 is the one I'm interested in!
I got my local Police Cheif curious about the technical side of this query. He has sent this question to the state's officers academy, and the attourney generals office.


I'll let yall know what kind of response he gets.

tallguy130 10-25-2009 09:17 PM

Everyone should keep in mind that castle laws may differ state by state.

You may also want to contact the county prosecutor in your area. Being the person who you come after you for breaking that law he should have a good idea of its meaning. This is easier to do if your from a rural area. (Smaller offices mean its easier to get through to people.) Same can be said of local cops.

Mark F 10-25-2009 10:41 PM

Quote:

Originally Posted by tallguy130 (Post 178073)
everyone should keep in mind that castle laws may differ state by state.

You may also want to contact the county prosecutor in your area. Being the person who you come after you for breaking that law he should have a good idea of its meaning. This is easier to do if your from a rural area. (smaller offices mean its easier to get through to people.) same can be said of local cops.

doctrine...


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