I have read several times that unless a business, meeting, function etc. has metal detectors it is leagl to carry in that location. I know that SC makes no reference to metal detectors in the carry laws and was wondering what states have laws stating that metal detectors are required to make carrying a weapon illegal? How would the absence of metal detectors determine if carrying was legal or not?
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Metal Detectors
- Thread starter PT111
- Start date
CrazyIvan007
New member
It is outlined in the statutes of the CCP/CCW laws. Check here:
http://www.conservativeposts.us/hunting/stategunlaws/sc.php
Here in CO for example, it outlines:
A weapon may not be taken into "...a public building at which security personnel regularly screen for weapons upon entry..."
http://www.conservativeposts.us/hunting/stategunlaws/sc.php
Here in CO for example, it outlines:
A weapon may not be taken into "...a public building at which security personnel regularly screen for weapons upon entry..."
Couple of items you need to be aware of, regardless of statute.
"Public" means exactly that - public. It does not mean "open to the public". It means that it is made available to the public as a service of the government. There are many establishments that are open to the public that are privately owned and operated. Your average retail store falls into this category.
Privately owned and operated venues may set any rules they wish concerning weapons, and if they decide they don't want any, they can refuse entry to you.
In my jurisdiction, the terms used in the law are "...publicly owned..." and "...publicly operated...". This has caused a good deal of confusion in the legal community. There have been cases where people have been busted in a shopping mall for carrying. In some of those cases, there have been convictions based on the "publicly operated" clause. In other cases, the jury heard that the property was privately operated but open to the public, and found the defendants not guilty.
I guess it all has to do with how good your attorney is at lawyering.
I am not a lawyer, and this is not legal advice.
"Public" means exactly that - public. It does not mean "open to the public". It means that it is made available to the public as a service of the government. There are many establishments that are open to the public that are privately owned and operated. Your average retail store falls into this category.
Privately owned and operated venues may set any rules they wish concerning weapons, and if they decide they don't want any, they can refuse entry to you.
In my jurisdiction, the terms used in the law are "...publicly owned..." and "...publicly operated...". This has caused a good deal of confusion in the legal community. There have been cases where people have been busted in a shopping mall for carrying. In some of those cases, there have been convictions based on the "publicly operated" clause. In other cases, the jury heard that the property was privately operated but open to the public, and found the defendants not guilty.
I guess it all has to do with how good your attorney is at lawyering.
I am not a lawyer, and this is not legal advice.
CrazyIvan007
New member
I consider public building just as you have said, a government-run building which is available to the public as a service or housing folks who provide public service. The Post Office, for example.
But, I also don't know of any privately owned establishments that have a weapon screening at the entrance. If there were, I wouldn't want to patronize their business anyway, much less go in there.
Private establishments, as you said, do have the right to decline service and entry to you based upon your carrying a weapon, however. I have seen places with signs in our state here barring patrons who carry a concealed weapon. I don't generally patronize them.
But, if they don't have sufficient signage of their policy, all they can do is ask you to leave, if for some reason they become aware of your concealed weapon.
If someone gets arrested at a mall for legally carring a concealed weapon, just for having the weapon, without having been asked to leave first, I would like to see them take action not only against the property, but the security or law enforcement agency who processed the arrest as well. Here in Colorado, an establishment who does not wish to have licensed people on their premisis must 1. give proper and ample signage notifying folks who enter of their policy, and 2. upon becoming aware of the concealed carrier, must ask them to leave first...all before calling the police and/or having them arrested or charged with tresspassing.
But, I also don't know of any privately owned establishments that have a weapon screening at the entrance. If there were, I wouldn't want to patronize their business anyway, much less go in there.
Private establishments, as you said, do have the right to decline service and entry to you based upon your carrying a weapon, however. I have seen places with signs in our state here barring patrons who carry a concealed weapon. I don't generally patronize them.
But, if they don't have sufficient signage of their policy, all they can do is ask you to leave, if for some reason they become aware of your concealed weapon.
If someone gets arrested at a mall for legally carring a concealed weapon, just for having the weapon, without having been asked to leave first, I would like to see them take action not only against the property, but the security or law enforcement agency who processed the arrest as well. Here in Colorado, an establishment who does not wish to have licensed people on their premisis must 1. give proper and ample signage notifying folks who enter of their policy, and 2. upon becoming aware of the concealed carrier, must ask them to leave first...all before calling the police and/or having them arrested or charged with tresspassing.
In South Carolina:
The posting by the employer, owner, or person in legal possession or control of a sign stating "No Concealable Weapons Allowed" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year.
SECTION 23-31-235. Sign requirements.
(A) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.
(B) 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.
The posting by the employer, owner, or person in legal possession or control of a sign stating "No Concealable Weapons Allowed" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. A person who brings a concealable weapon onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year.
SECTION 23-31-235. Sign requirements.
(A) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.
(B) 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.
In my state you can carry (if licensed) anywhere you wish besides any building that has posted a no weapons sign, any government building, and/or any establishment that makes most of the revenue from alcholic beverages. 21+ posted on establishment doors means a denial of entry if equiped. But you are allowed to carry within a restaurant, just not within the paramenters around the bar that is posted 21+ given that you do not consume any acholic beverages yourself. Metal detectors remind me of my middle school days......though I did not myself, there were still cases where weapons still got through such as pen-knives......some kid got his calf split during a fight one time.