Greenville, SC asked in Criminal Law for South Carolina

Q: What is the SC penalty for carrying a concealed weapon, with a CWP, into a restaurant with a no gun sign displayed.

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1 Lawyer Answer
Ryan D Templeton
Ryan D Templeton
Answered
  • Criminal Law Lawyer
  • Summerville, SC
  • Licensed in South Carolina

A: SC code section 23-31-215(M) provides that:

"A permit issued pursuant to this section (CWP Section) does not authorize a permit holder to carry a concealable weapon into a:

(10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises pursuant to Sections 23-31-220 and 23-31-235. Except that a property owner or an agent acting on his behalf, by express written consent, may allow individuals of his choosing to enter onto property regardless of any posted sign to the contrary. A person who violates a provision of this item, whether the violation is wilful or not, only may be charged with a violation of Section 16-11-620 (Entering premises after warning) and must not be charged with or penalized for a violation of this subsection."

Therefore, the carrying of a concealed weapon into an business including a restaurant that displays a valid sign is a crime punishable by a fine of not more than $200(no including court costs and assessments) or 30 days in jail.

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