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Old 10-26-2009, 05:59 AM   #11
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[QUOTE=GREASEMONKEY;177820]My coat is personal property, as defined by SC law.

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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.



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.
Keep us informed with how it works out. All the same if you have to use deadly force expect this will come up. I hope you will never be put in that position but if you are it will bring up the question and some might doubt your honest intention.
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Old 10-26-2009, 04:40 PM   #12
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Castle Doctine laws, as pushed by the NRA/ILA in various states, was intended to provide protection to people who found themselves in a self defense situation. While the specific language may differ in the different state laws, the goal was to remove requirements that one first retreat before defending oneself and to provide protection from subsequent civil lawsuits following a legally justified use of deadly force. None of them addressed the question of being guaranteed the MEANS of such self defense under the Castle Doctrine laws.

If the language of South Carolina's Castle Doctrine appears to have inadvertently overridden the state's other laws regulating weapons possession, I suspect that will be an issue to decide in court. The person making such claim had best have what Kansas City lawyer Kevin Jamison refers to as "a 55 gallon drum full of $100 bills" to cover attorney and court fees if that occurs.

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Old 11-13-2009, 04:19 AM   #13
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My coat is personal property, as defined by SC law..
Your coat is personal property by SC law. Private property is described as real property in SC law.
REAL PROPERTY - Land and all the things that are attached to it. Anything that is not real property is personal property and personal property is anything that isn't nailed down, dug into or built onto the land. A house is real property, but a dining room set is not.

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Keep us informed with how it works out. All the same if you have to use deadly force expect this will come up. I hope you will never be put in that position but if you are it will bring up the question and some might doubt your honest intention.
I got a response from the local police. The AG's office said it could be read many different ways, and is a grey area. Just as many here have said, it can only be decided in court. No oficial answer.

I guess I will have to settle for that. It's a tough call, all in how you read it. Like i have said before I have a CWP, and am just curious of loop holes in the law. I don't wanna be the guy to test the theory. There are many many odd ball legal grey areas in SC law.


It's technically still illegal to drive a motor vehicle on main street in the state capital. It scares the horses, and is punishable by a $2.50 fine, or 1day jail time. Yep I'm the guy that just scrolls across this stuff. Old legal books, and the web keep me occupied.

I have started another battle lately.

The SC State Fair Grounds is a privately owned business, and does not have legally adequate signage for prohibition of concealed weapons, but the county deputies that work security at the gates refuse to let a legal armed citizen on premisis!
The sign is huge, but only a 1" tall, 10" long single line says no concealed weapons. It's BS if ya ask me!
Here's state law

All signs must be posted at each entrance into a building where a concealable weapon permit holder is prohibited from carrying a concealable weapon and must be:

(1) clearly visible from outside the building;

(2) eight inches wide by twelve inches tall in size;

(3) contain the words “NO CONCEALABLE WEAPONS ALLOWED” in black one inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

(4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty five degree angle from the horizontal;

(5) a diameter of a circle; and

(6) placed not less than forty inches and not more than sixty inches from the bottom of the building’s entrance door.

(C) If the premises where concealable weapons are prohibited does not have doors, then the signs contained in subsection (A) must be:

(1) thirty six inches wide by forty eight inches tall in size;

(2) contain the words “NO CONCEALABLE WEAPONS ALLOWED” in black three inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

(3) contain a black silhouette of a handgun inside a circle thirty four inches in diameter with a diagonal line that is two inches wide and runs from the lower left to the upper right at a forty five degree angle from the horizontal and must be a diameter of a circle whose circumference is two inches wide;

(4) placed not less than forty inches and not more than ninety six inches above the ground;

(5) posted in sufficient quantities to be clearly visible from any point of entry onto the premises
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Old 11-22-2009, 08:34 PM   #14
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Default It is your right to defend yourself and not retreat

In your home or in your vehicle, you have the right not to retreat, you can defend your self = Castle Law. Read your State's definition.

Definition: Concealed weapon is a weapon that is carried on your person and concealed from public view subject to law in which establishments you may conceal it and you need a concealed weapon permit to do this. Bars, & government buildings are two such places you do not want to be caught with a weapon, schools & at public meetings for your city, county, state government too.

Weapon for self defense: A weapon kept as law allows in your home, your business, your vehicle, not on your person. Each state has their own laws on this and you best know what they are. In Florida you can keep that Glock in a shoe box on the front seat, under the unoccupied seat, console - covered, glove box. Not on your person, then it is a concealed weapon.

Remember this: When you decide to defend your self using deadly force of any kind make sure 12 of your peers and a Judge will agree with you. And make sure you know the Attorney's name you are going to call, perhaps one the NRA might use?

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Old 11-22-2009, 11:50 PM   #15
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Speaking from my own observations as one member of the group who crafted and steered Missouri's CCW law to passage, those premises sign requirements are so much smoke and mirrors. In states where carrying in a prohibited location is a criminal offense, then the signage requirements in the law can help you avoid being charged if the signs don't meet the legal standard. But unless specifically stated in the law there is nothing to prevent the operator of a premises with sub-standard signage from simply refusing to allow you entry. You just can't be charged with the crime of illegally carrying if the signs don't meet the legal requirements. OTOH, if that's a deputy at the door who's refusing you admission, you might find yourself charged with failing to obey a police officer if you insist on entering anyway. Standard IANAL disclaimer applies, of course. Let us know how your effort turns out.

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Old 12-01-2009, 01:56 AM   #16
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I brought it up to the local grass roots org. I'm awaiting a reply.

BTW: CWP on school property is legal now. Well in some form any way!

I can carry my weapon in my vehicle as i drop off my kids, but must leave it in my vehicle if exiting the vehicle.

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Old 12-03-2009, 04:55 PM   #17
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Anybody know how it works when the state of Virginia doesn't have a Castle Doctrine? Does that mean I have to treat a hostile as if I would treat them on the street? I would like to have flexibility in a home defense situation by having a Castle Doctrine, but Virginia doesn't seem to have one.

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Old 12-04-2009, 02:57 AM   #18
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Originally Posted by sausn2002 View Post
Anybody know how it works when the state of Virginia doesn't have a Castle Doctrine? Does that mean I have to treat a hostile as if I would treat them on the street? I would like to have flexibility in a home defense situation by having a Castle Doctrine, but Virginia doesn't seem to have one.
Here's a good place to research that.
USA Carry - Open and Concealed Carry Information and Community

I would also try to contact the NRA (join if you are not a member) and ask for assistance on the legalities. That's why they are there, to portect your rights, and know what those rights are!
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Old 01-02-2010, 05:31 AM   #19
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Get a "Firearms Law and Ownership" book for your state!!!! helped me out a lot...also a good read while I'm on the commode!!!

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Old 01-02-2010, 06:59 PM   #20
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Move to a State that validates your right to protect yourself clearly. That said, moving may not be an option so lobby with the NRA or some other rights group dedicated to pass that Castle Law in Virgina that your politicians keep saying you do not need because the law is clear. Right it is clear, clear that the perp that you defend against has family that will sue you. They may not win, but it will cost you lots of money to defend against. I would bet the farm that G. Washington would ha used deadly force to protect his home and land, think?

We have to protect the Republic from the politicians. I really would like to know who decided that higher educated people had better credentials to lead us? Us -- Remember is the people. We are not a democracy, we are a Republic. Why are there "Parties"? Rich men can belong, poor men become rich and just as corrupt as the ones they replaced over time. Even the Godfather in the movie was forgiven his sins so it does not matter what you do, it matters how rich you are. Say the pledge of allegiance, " And to the REPUBLIC FOR WHICH IT stands".

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