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Georgia's Firearm Permit Reciprocity list for those that travel

Thread in 'Law & Order' started by medium187mph, Aug 1, 2018.

  1. medium187mph

    medium187mph The Hen that laid the Golden Legos

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    So... they see the gun stickers and... well you know



     
  2. 1776

    1776 ODT Junkie!

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    Nope, no stickers on my vehicles.

    You get stopped for something mundane like a broken taillight. Inform the officer, as required by law, that there's a firearm. That is actually where your legal obligation ends, there's no requirement to tell them where. In this instance, I informed him that it was in a bag in the rear of my SUV, just as a courtesy. Then, he asked me to remove the weapon unload it and surrender it to him so he could run the serial to make sure it wasn't stolen. I politely informed him that I would be unable to comply absent a warrant or probable cause of having committed an arrestable offense.
    He then chuckled and said, roughly, 'oh yes you can, it's an officer safety issue' and opened the door to my vehicle and removed the bag, searched the entire bag, poorly, and ran the serial.
    I got the body and dash cam footage via FOIA.
    I showed it to a family member who used to practice criminal law. They giggled and said that search would be a defense attorney wet dream if I'd been arrested for something .
     
  3. medium187mph

    medium187mph The Hen that laid the Golden Legos

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    never gonna happen to me... I have a weapon... it’s a pocket knife in my cup holder.

    Anything else Officer?

     
  4. js415

    js415 ODT Junkie! Supporter

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    An interesting note to add to this.

    I have not had time to research, and I do not know if this is true or not, but I have read and been told, that the duty to inform is only for those who have a South Carolina License. That means if a resident is stopped, they must inform. If an out of state resident is stopped, it is not required.

    It is one of those "small" items that was left out when the law was written.

    This may or may not be true. I think I'll do some research this week, and see if this is actually true or not.

    You may already know the answer and be correct. I just remember reading about this when Gov. Haley signed the law.

    Jerry
     
  5. js415

    js415 ODT Junkie! Supporter

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    Another thought on this. It is not illegal to carry a loaded firearm in South Carolina, WITHOUT, a permit, as long as it is in a closed compartment.

    If it is carried in your luggage or in a closed compartment in your vehicle, I'm not sure it is required that you notify the officer.

    More research to do......

    Jerry
     
  6. 1776

    1776 ODT Junkie!

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    In the glove compartment, center console or area of the vehicle designed to store luggage.

    And you are correct, there's no duty to inform in those areas.
     
  7. 1776

    1776 ODT Junkie!

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    I'm to lazy to look up the exact coffee sections right now, but....
    Code A authorizes CWPs and acknowledges reciprocity.
    Code section B, that requires informing the officer, cites those authorized under Code A, including those from states without reciprocity.
    You are legally required to inform at any time a law enforcement officer identifies himself as such and has lawful cause to require ID.
     
  8. js415

    js415 ODT Junkie! Supporter

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    I believe this is the argument that I remember from the years that the bill was signed. All of the code sections refer to SLED and their rules/laws concerning the issuing and carrying of a South Carolina Weapons Permit.

    Since a Georgia resident does not have a SC Weapons Permit, but a license that is honored by South Carolina, can the "Duty to Inform" be enforced?

    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.

    blah, blah, blah,,,,,,

    (N)(1) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity.

    (2) Notwithstanding the reciprocity requirements of item (1), South Carolina shall automatically recognize concealed weapon permits issued by Georgia and North Carolina.

    (3) The reciprocity provisions of this section shall not be construed to authorize the holder of any out-of-state permit or license to carry, in this State, any firearm or weapon other than a handgun.

    I'm sure you are right, but I do not think some of the lawyers I heard talking about it ever really came to a conclusion, or if a valid argument could be presented to a court.


    Either way, pulling a weapon from a private car and running numbers should not be happening......

    Jerry
     
  9. RamRoddoc

    RamRoddoc The Hen that laid the Golden Legos Supporter

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    In America...
     
  10. 1776

    1776 ODT Junkie!

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    I mean, you made my case for me. The code says you must follow the laws on concealability weapons, the law on concealable weapons says you must inform.
    And, violation is a full on misdemeanor, not a citable offense.


    Also, ignoring 'no weapons' signs will get you a trespass citation, but only if the sign complies with some pretty strict standards for size, height and location.
     
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