South Carolina Laws

[63woodrob]

I have asked this question of sheriff dept. members, correctional types and even attorneys (yeah, big help there). I cannot get a straight answer regarding self opening folders(Kershaw, Sog), length of blades etc. One police officer told me that there were no rules but you better have a reason to be carrying a large folder if there is a traffic stop requiring more than a simple ticket or you are involved in a fight. Seems logical that switchblades and automatics are probably a no go but does anyone know the rules????

 

[Chiller2]

updated 7/13/2005

South Carolina - 16-23-460. Carrying concealed weapons; forfeiture of weapons.
Any person carrying a deadly weapon usually used for the infliction of personal injury concealed about his person is guilty of a misdemeanor, must forfeit to the county, or, if convicted in a municipal court, to the municipality the concealed weapon, and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days. Nothing herein contained may be construed to apply to (1) persons carrying concealed weapons upon their own premises or pursuant to and in compliance with Article 4 of Chapter 31 of Title 23, or (2) peace officers in the actual discharge of their duties. The provisions of this section do not apply to rifles, shotguns, dirks, slingshots, metal knuckles, or razors unless they are used with the intent to commit a crime or in furtherance of a crime.


- 16-23-430. Carrying weapons on school property.
(1) It shall be unlawful for any person, except State, county or municipal law-enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily injury or death.
(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest.



- 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.
(1) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, 'weapon' means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a knife with a blade over two inches long, a blackjack, a metal pipe or pole, or any other type of device or object which may be used to inflict bodily injury or death.
(2) A person convicted of a crime, in addition to a penalty, shall have a weapon used in the commission or in furtherance of the crime confiscated.



16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to commit, violent crime.
(A) If a person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of a violent crime and is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, he must be imprisoned five years, in addition to the punishment provided for the principal crime. This five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime.
(D) As used in this section... "knife" means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.


http://www.knife-expert.com

This was found from the links in the Sticky at the top of the page they had more links to resources so maybe you can find out more. The best I can make it out if a knife has a blade over 2" (which 99.9% of them are) concealed (which if it is in your pocket it is) and if they can claim it is "usually used for the infliction of personal injury" (wonder who decides that one) you can be charged.Unless of course it can be classified as a dirk (wonder what the definition they use for dirk is and I wonder why they are exempt as I would think they would qualify as "usually used for the infliction of personal injury" ?) Hoped that helps cause it seems to me that LEO have a lot of leeway and I think the law should be a lot more defined as to "usually used for the infliction of personal injury" means.

 

[Gadgetman7]

I think the length restriction applies to weapons used in the commission of a crime. Probably to add charges. Just my two cents.

 

[Airborne Falcon]

I've never been hassled. I am a concealed weapons permit holder and have had to declare such at various traffic stops during the holidays over the years - which means, "Officer, I am a concealed weapons permit holder and I am packing a :::insert firearm here::: as well as a knife in my pocket."

Never had an officer make me get out of the truck and reveal anything. They may ask, but usually they are simply jealous or envious of what I carry - or may ask to take a peek at it - but never once been hassled.

As I understand it, and this is strictly my intepretation based upon many conversations with various LEO friends and a barrister or two ... but as I understand it, no blade over 2" on school property, during committing of crime or personal injury - etc. But other than that, no one ever hassles you. There are tens of thousands of us who run around with folders, autos, etc., in our pockets ... and sidearms on our hips when the necessity is felt.

As for the specific law regarding - I was told, it is legal to possess but not carry an auto. An auto being one that opens from the side and not the stilletto type. I carry a ProTech Godfather and sometimes pack a older version of one I carried up at Bragg for years ... for just incase, towed jumper stuff.

Best advice is to call your local LEO and point blank ask them. BTW, Richland County, City of Columbia is a horse of a different color. You can get away with nothing there - thanks to the gang wars between the old style black gangs from the west coast that have moved in and the new latino gangs - they have really tightened up in Richland County in recent years. We're growing too fast in this state and there are far too many bad elements trying to get a foothold - yet inevitably, they will be beaten by those of us who are law abiding and old school southerners as well as the good people choosing to relocate here for various reasons. Plus, we have the largest per capita veteran population in the country here and that makes for a hardcore, anti-crime mindset that will prevail eventually.