SLED Slow To Figure Out South Carolina’s New Open Carry Law

BY Herschel Smith
2 weeks, 2 days ago

Index Journal.

The Index-Journal fielded several questions about the open carry law to Crosby the day after McMaster signed it, but the agency has not answered these questions. What is SLED having to do to adjust for the new requirement to offer handgun education courses? The law says if an applicant is unable to comply with the section requiring them to get training, that SLED will offer a course that does qualify. Who qualifies for those SLED-issued courses, and what will these classes look like?

How will local law enforcement go about enforcing a law that allows CWP holders to openly carry handguns?

McCormick Police Chief Bo Willis said he has received numerous phone calls from people asking about the open carry law. While he hasn’t had any problems with people openly carrying before the law’s enactment date, he said last week he’s still waiting on guidance from SLED on how to enforce the law.

Since SLED’s day-of news release summarizing the law, they’ve published one press release that only clarifies the implementation date of the law. Crosby couldn’t be reached for comment Tuesday via email or phone call.

The Index Journal hasn’t gotten answers from SLED because SLED doesn’t yet understand.  I’ve tried to explain it.

That’s what LEOs in Texas thought as well – we’ll just walk up and demand to see permits when a call comes in.

That’s not the way this worked out in Texas, and it’s not the way it will work out in South Carolina.  You see, in order to conduct a stop, LEOs need to ensure that it’s a valid “Terry Stop.”  In other words, you have to suspect that a crime has been or is being committed, or else the stop isn’t legal.

It’s not good enough to say that the individual is openly carrying a weapon.  To be sure, if someone is openly carrying and commits a crime leading to detention or arrest, and you ascertain that the individual has no permit, then you can charge him with a crime under the new law.  But then, you could have charged him with a crime under the concealed handgun law as well.  Nothing has changed.

You need to pretend that you can’t see the weapon, because that’s the way the carefully worded law is written.  This is what’s going to happen the first few times such a stop is conducted by LEOs for open carriers.

LEO: “Sir, I need to see your permit.”

Person A: “Sure, but you’re being videoed and this video will end up in court, and I need to ask you two questions.  First of all, am I being detained, and if so, do you suspect me of a crime?  In other words, is this a so-called “Terry Stop?”  Second question.  Does S.C. have a “stop and identify statute?”

The LEO is in a very hard place.  If the LEO says that person A is suspected of a crime, the proper response is, “What crime?”  To which he can give no valid response.  If the LEO says that person A is not suspected of a crime, question #2 becomes salient, and I assure you, S.C. has no stop and identify statute.

In other words, it is not legal for a LEO to conduct this stop for openly carrying.  Finally, you should read the bill again.  The open carry bill approved into law by the governor does not expand S.C. to include any sort of stop and identify stipulation, either under this statute or any other.  You can read it again for yourself.

Here is a much better idea.  Train your 911 operators to respond to callers with this information: “Ma’am, open carry is now legal in S.C.  Are you calling to report any other criminal activities?  Is this person brandishing the weapon or threatening anyone?  If not, we need to hang up.”

If you don’t follow this counsel, the two questions I posed above will be heard in court very soon.

SLED doesn’t know how they’re going to enforce the new law because South Carolina has no stop and identify statute, and neither should it.

You cannot (and should not be able to) stop someone who is doing nothing illegal.  The law as signed stipulates that a permit is required to be able to legally openly carry in S.C.  But there is no provision in existing statutory framework or in the recently signed open carry bill that makes provision for stopping people who are openly carrying to demand identification and permit.

But despite my best efforts, I cannot seem to interest anyone in the coming problems.  It’s not a problem to me, especially since I believe the S.C. legislature should have passed constitutional carry.  No permit should be required.

But it will soon be a problem with law enforcement if they think they are going to stop every open carrier they see to demand identification.

And by the way, try to reach any South Carolina law enforcement via email, whether Sheriff’s Association, city law enforcement, county law enforcement, or SLED.  It cannot be done.  They do not make their email addresses known to the public.


Comments

  1. On June 3, 2021 at 12:15 pm, George 1 said:

    The can play the “concerned Karens” all they want. If there is a problem with this new law it will be because the Law Enforcement Agencies want it to be a problem.

  2. On June 4, 2021 at 1:26 pm, Geoff said:

    It shouldn’t be a problem. I open carry in North Carolina whenever I go there to shop (sales tax is lower) and nobody ever questioned me, and BTW, no permit is required in NC to open carry, only for concealed carry.
    And I just got my renewed SC CWP.

  3. On June 4, 2021 at 1:26 pm, Fred said:

    SC has now come to the place TN has been; a licence to carry a handgun open or concealed. It works fine here, the po po mind their beeswax and everybody else does as well. Of course TN has a culture and history of the people worrying about the beam in your own eye, or taking care of your own house first.

  4. On June 4, 2021 at 2:35 pm, Herschel Smith said:

    @Fred,

    Right. SC was very slow on this. Honestly, the thing they’re most worried with is blacks openly carrying in the lower part of the state, potentially affecting tourism in the Myrtle Beach area and adjoining areas.

    They’ll say so. They have already said so. Mostly, the black legislators are the ones who voted against open carry.

    Everything I’m telling is factual.

  5. On June 5, 2021 at 9:37 am, Fred said:

    One word: Memphis. This is why we can’t have nice things such as real constitutional carry.

RSS feed for comments on this post. TrackBack URL

Leave a comment


You are currently reading "SLED Slow To Figure Out South Carolina’s New Open Carry Law", entry #27530 on The Captain's Journal.

This article is filed under the category(s) Police and was published June 2nd, 2021 by Herschel Smith.

If you're interested in what else the The Captain's Journal has to say, you might try thumbing through the archives and visiting the main index, or; perhaps you would like to learn more about TCJ.

26th MEU (10)
Abu Muqawama (12)
ACOG (2)
ACOGs (1)
Afghan National Army (36)
Afghan National Police (17)
Afghanistan (679)
Afghanistan SOFA (4)
Agriculture in COIN (3)
AGW (1)
Air Force (35)
Air Power (9)
al Qaeda (83)
Ali al-Sistani (1)
America (21)
Ammunition (150)
Animals (99)
Ansar al Sunna (15)
Anthropology (3)
Antonin Scalia (1)
AR-15s (277)
Arghandab River Valley (1)
Arlington Cemetery (2)
Army (79)
Assassinations (2)
Assault Weapon Ban (27)
Australian Army (6)
Azerbaijan (4)
Backpacking (2)
Badr Organization (8)
Baitullah Mehsud (21)
Basra (17)
BATFE (115)
Battle of Bari Alai (2)
Battle of Wanat (18)
Battle Space Weight (3)
Bin Laden (7)
Blogroll (3)
Blogs (22)
Body Armor (20)
Books (3)
Border War (11)
Brady Campaign (1)
Britain (38)
British Army (35)
Camping (4)
Canada (3)
Castle Doctrine (1)
Caucasus (6)
CENTCOM (7)
Center For a New American Security (8)
Charity (3)
China (14)
Christmas (12)
CIA (28)
Civilian National Security Force (3)
Col. Gian Gentile (9)
Combat Outposts (3)
Combat Video (2)
Concerned Citizens (6)
Constabulary Actions (3)
Coolness Factor (2)
COP Keating (4)
Corruption in COIN (4)
Council on Foreign Relations (1)
Counterinsurgency (216)
DADT (2)
David Rohde (1)
Defense Contractors (2)
Department of Defense (167)
Department of Homeland Security (26)
Disaster Preparedness (4)
Distributed Operations (5)
Dogs (12)
Donald Trump (26)
Drone Campaign (3)
EFV (3)
Egypt (12)
El Salvador (1)
Embassy Security (1)
Enemy Spotters (1)
Expeditionary Warfare (17)
F-22 (2)
F-35 (1)
Fallujah (17)
Far East (3)
Fathers and Sons (2)
Favorite (1)
Fazlullah (3)
FBI (32)
Featured (185)
Federal Firearms Laws (18)
Financing the Taliban (2)
Firearms (1,362)
Football (1)
Force Projection (35)
Force Protection (4)
Force Transformation (1)
Foreign Policy (27)
Fukushima Reactor Accident (6)
Ganjgal (1)
Garmsir (1)
general (15)
General Amos (1)
General James Mattis (1)
General McChrystal (43)
General McKiernan (6)
General Rodriguez (3)
General Suleimani (9)
Georgia (19)
GITMO (2)
Google (1)
Gulbuddin Hekmatyar (1)
Gun Control (1,346)
Guns (1,863)
Guns In National Parks (3)
Haditha Roundup (10)
Haiti (2)
HAMAS (7)
Haqqani Network (9)
Hate Mail (8)
Hekmatyar (1)
Heroism (4)
Hezbollah (12)
High Capacity Magazines (16)
High Value Targets (9)
Homecoming (1)
Homeland Security (1)
Horses (1)
Humor (35)
ICOS (1)
IEDs (7)
Immigration (93)
India (10)
Infantry (4)
Information Warfare (2)
Infrastructure (2)
Intelligence (23)
Intelligence Bulletin (6)
Iran (170)
Iraq (379)
Iraq SOFA (23)
Islamic Facism (64)
Islamists (95)
Israel (18)
Jaish al Mahdi (21)
Jalalabad (1)
Japan (2)
Jihadists (80)
John Nagl (5)
Joint Intelligence Centers (1)
JRTN (1)
Kabul (1)
Kajaki Dam (1)
Kamdesh (9)
Kandahar (12)
Karachi (7)
Kashmir (2)
Khost Province (1)
Khyber (11)
Knife Blogging (4)
Korea (4)
Korengal Valley (3)
Kunar Province (20)
Kurdistan (3)
Language in COIN (5)
Language in Statecraft (1)
Language Interpreters (2)
Lashkar-e-Taiba (2)
Law Enforcement (4)
Lawfare (7)
Leadership (6)
Lebanon (6)
Leon Panetta (2)
Let Them Fight (2)
Libya (14)
Lines of Effort (3)
Littoral Combat (8)
Logistics (50)
Long Guns (1)
Lt. Col. Allen West (2)
Marine Corps (266)
Marines in Bakwa (1)
Marines in Helmand (67)
Marjah (4)
MEDEVAC (2)
Media (59)
Medical (60)
Memorial Day (6)
Mexican Cartels (35)
Mexico (51)
Michael Yon (6)
Micromanaging the Military (7)
Middle East (1)
Military Blogging (26)
Military Contractors (4)
Military Equipment (24)
Militia (5)
Mitt Romney (3)
Monetary Policy (1)
Moqtada al Sadr (2)
Mosul (4)
Mountains (25)
MRAPs (1)
Mullah Baradar (1)
Mullah Fazlullah (1)
Mullah Omar (3)
Musa Qala (4)
Music (23)
Muslim Brotherhood (6)
Nation Building (2)
National Internet IDs (1)
National Rifle Association (72)
NATO (15)
Navy (22)
Navy Corpsman (1)
NCOs (3)
News (1)
NGOs (2)
Nicholas Schmidle (2)
Now Zad (19)
NSA (3)
NSA James L. Jones (6)
Nuclear (57)
Nuristan (8)
Obama Administration (221)
Offshore Balancing (1)
Operation Alljah (7)
Operation Khanjar (14)
Ossetia (7)
Pakistan (165)
Paktya Province (1)
Palestine (5)
Patriotism (7)
Patrolling (1)
Pech River Valley (11)
Personal (65)
Petraeus (14)
Pictures (1)
Piracy (13)
Pistol (2)
Pizzagate (21)
Police (525)
Police in COIN (3)
Policy (15)
Politics (884)
Poppy (2)
PPEs (1)
Prisons in Counterinsurgency (12)
Project Gunrunner (20)
PRTs (1)
Qatar (1)
Quadrennial Defense Review (2)
Quds Force (13)
Quetta Shura (1)
RAND (3)
Recommended Reading (14)
Refueling Tanker (1)
Religion (234)
Religion and Insurgency (19)
Reuters (1)
Rick Perry (4)
Rifles (1)
Roads (4)
Rolling Stone (1)
Ron Paul (1)
ROTC (1)
Rules of Engagement (75)
Rumsfeld (1)
Russia (32)
Sabbatical (1)
Sangin (1)
Saqlawiyah (1)
Satellite Patrols (2)
Saudi Arabia (4)
Scenes from Iraq (1)
Second Amendment (414)
Second Amendment Quick Hits (2)
Secretary Gates (9)
Sharia Law (3)
Shura Ittehad-ul-Mujahiden (1)
SIIC (2)
Sirajuddin Haqqani (1)
Small Wars (72)
Snipers (9)
Sniveling Lackeys (2)
Soft Power (4)
Somalia (8)
Sons of Afghanistan (1)
Sons of Iraq (2)
Special Forces (28)
Squad Rushes (1)
State Department (21)
Statistics (1)
Sunni Insurgency (10)
Support to Infantry Ratio (1)
Supreme Court (28)
Survival (48)
SWAT Raids (55)
Syria (38)
Tactical Drills (2)
Tactical Gear (6)
Taliban (167)
Taliban Massing of Forces (4)
Tarmiyah (1)
TBI (1)
Technology (17)
Tehrik-i-Taliban (78)
Terrain in Combat (1)
Terrorism (95)
Thanksgiving (10)
The Anbar Narrative (23)
The Art of War (5)
The Fallen (1)
The Long War (20)
The Surge (3)
The Wounded (13)
Thomas Barnett (1)
Transnational Insurgencies (5)
Tribes (5)
TSA (22)
TSA Ineptitude (13)
TTPs (4)
U.S. Border Patrol (5)
U.S. Border Security (14)
U.S. Sovereignty (17)
UAVs (2)
UBL (4)
Ukraine (3)
Uncategorized (58)
Universal Background Check (3)
Unrestricted Warfare (4)
USS Iwo Jima (2)
USS San Antonio (1)
Uzbekistan (1)
V-22 Osprey (4)
Veterans (3)
Vietnam (1)
War & Warfare (310)
War & Warfare (40)
War Movies (4)
War Reporting (21)
Wardak Province (1)
Warriors (6)
Waziristan (1)
Weapons and Tactics (71)
West Point (1)
Winter Operations (1)
Women in Combat (21)
WTF? (1)
Yemen (1)

June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006

about · archives · contact · register

Copyright © 2006-2021 Captain's Journal. All rights reserved.