South Carolina?

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Jul 13, 2005
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From what I have read, it seems as though only a knife with a two inch blade is legal to carry. Is this true? If so, how would a blade on a multi-tool be viewed?
 
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.

From the above, it would appear to only be unlawfull to conceal a knife with a blade 2" or larger. Open carry appears to be fully legal.
 
South Carolina is like its neighbor, my home state, Georgia. You could have a sword swung across your back and use a spear as a walking stick and still be in complete accordance with the law. I love it.
 
Yeah but what about that pocket knife in your pocket if the LEO wants to call it a weapon you are screwed.
 
So then I take it that IWB is considered concealed? Well I have no problem with pocket carry if I have to :D
 
It does not. A bill (H 492) is in the Committee on Judiciary in the House and will remove the "a knife with a blade over two inches long" from the definition of "weapon" unless they are used "with the intent to commit a crime".

JB
 
Jim,

"Concealed weapon" refers only to handguns, the statute definition doesn't include knives or other weapons.

Although I've not heard of anyone being arrested for simply "carrying" a knife, I suppose it could be open to interpretation by an officer. Of course if a person has a knife on his/her person during the commission of a crime, all bets are off.

The statute needed "cleaning up". I hope it gets out of committee this session and the house passes it, I'm pretty sure Gov Sanford will sign it.

JB
 
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