词条 | Gun laws in South Carolina | |||||||||||||||||||||||||||||||||||||||||||||||
释义 |
Summary table
South Carolina is a "shall issue" concealed carry permit state. No permit is required to purchase rifles, shotguns, or handguns. South Carolina also has "Castle Doctrine" legal protection of the use of deadly force against intruders into one's home, business, or car.[3] It is unlawful to carry a firearm onto private or public school property or into any publicly owned building except interstate rest areas without express permission. Open carry of a handgun is not allowed (long guns are allowed), but no permit is required to carry a loaded handgun in the console or glove compartment of a car. {{As of|2016|June|3}}, states with which South Carolina has reciprocity are: Alaska, Arizona, Arkansas, Florida, Georgia, Idaho (enhanced permit only), Kansas, Kentucky, Louisiana, Michigan, Missouri, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota (enhanced permit only), Texas, Tennessee, Virginia, West Virginia, and Wyoming.[4][5][6] South Carolina only recognizes resident permits from the states with which it has reciprocity; non-resident permits from those states will not be honored. South Carolina does issue a CCW permit to a non-resident from a non-reciprocal state only if the non-resident owns real property in South Carolina as per Title 23 Chapter 31 Article 4 Section 23-31-210[7] South Carolina law also now supports a "stand your ground" philosophy under the "Protection of Persons and Property Act" SECTION 16-11-440(C) with the following language. The act was apparently ruled non-retroactive in State v. Dickey.[8]
South Carolina also has the "alter-ego" clause with respect to the defense of others, under which a person who uses deadly force to defend a friend, relative or bystander will be allowed the benefit of the plea of self-defense if that plea would have been available to the person requiring assistance if they had been the one who used deadly force. In other words, the person intervening is deemed to "stand in the shoes" of the person on whose behalf he is intervening. If that individual "had the right to defend himself, then the intervening party is also protected by that right. To claim self-defense, a person has to be in a place they have a legal right to be, not be involved in any illegal activity, must not have started the confrontation, and must be in imminent danger of death or serious bodily harm. References1. ^"State Gun Laws: South Carolina", National Rifle Association – Institute for Legislative Action. Retrieved December 31, 2012. {{Gun laws in the United States (by state)}}2. ^"South Carolina State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012. 3. ^"Protection of Persons and Property Act", South Carolina Law Enforcement Division. Retrieved December 26, 2012. 4. ^http://www.handgunlaw.us/states/southcarolina.pdf 5. ^South Carolina Concealed Carry CCW Laws and Information on carryconcealed.net {{webarchive |url=https://web.archive.org/web/20111126034248/http://apps.carryconcealed.net/legal/southcarolina-ccw-state-laws.php |date=November 26, 2011 }} 6. ^South Carolina Concealed Carry Permit Information on USACarry.com 7. ^https://www.scstatehouse.gov/code/t23c031.php 8. ^State v. Dickey and S.C.'s "stand your ground" law dead link 2 : South Carolina law|United States gun laws by state |
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