How should businesses navigate SC permitless carry law?

Spartanburg residents and local businesses owners gathered at OneSpartanburg's building on North Pine Street Tuesday to get clarity on how to navigate South Carolina's new permitless carry bill that was signed into law last month.

Under the new law, South Carolinians 18 years and older who are not prohibited from owning firearms may now carry them, concealed or open, in most places.

Adam Whitsett, general counsel for the State Law Enforcement Division, led the conversation and advised individuals gathered at the Spartanburg Area Chamber of Commerce on how to handle interactions with individuals carrying firearms. Whitsett explained certain exceptions to the law and what rights businesses, employers and property owners have on a case-bycase basis.

Here is a breakdown of what was discussed.

What rights do businesses and churches have regarding firearms?

As previously reported by the Greenville News, business owners retain the right to post a sign banning firearms on their premises. No government approval is needed to place a sign.

If a sign is not posted, individuals may assume it's permissible to carry on the premises.

Whitsett advised businesses to err on the side of over-clarification for a sign. He said that the different scenarios like whether a weapon is concealable or not or if a person has a concealed weapons permit or not makes specific guidelines by a business ideal.

“My guidance to everybody is be as clear as you can on the sign. If you want no weapons, say ‘No weapons,'” Whitsett said.

Conversely, under the law, firearms are not allowed in churches. However, the “appropriate church official or governing body” may give an individual permission to carry.

Whitsett acknowledged that getting permission will look different case-bycase.

“My guidance is always to get it in writing, just to be safe,” Whitsett said, though he added this is not a requirement. “With the rules, if you're worried about it, talk to the church officials, address it. It's just always best not to rely on someone's memory.”

Employers can also decide whether their employees may carry or not.

Where can’t weapons be carried?

Some places forbid carry across the board. These include law enforcement agencies, correctional and detention facilities, courthouses, most government buildings and polling places.

Like churches, places providing medical services and procedures, such as hospitals, clinics and doctors’ offices don’t allow firearms unless expressly authorized by the “appropriate entity.”

Similarly, individuals may not carry firearms into the personal dwellings of others unless the resident gives the carrier express permission.

Whitsett addressed multi-use spaces, such as a worship service meeting in a school building, or a church facility operating as a polling place on election day. He said that the law’s intention is to judge the location by the activity taking place.

“Whatever it is that day, that’s the rule that applies,” Whitsett said.

Businesses that serve alcohol

An individual may carry their firearm on the premise of a business that serves alcohol if that business allows it, but they may not consume alcohol. Effectively, this does not change the pre-existing law pertaining to businesses that serve alcohol except that it now applies to permitless carriers and not just CWP holders.

A business that determines a customer has violated this law may remove them or contact law enforcement.

Can firearms be stored in cars?

Generally, firearms can be legally stored or secured in a vehicle. However, Whitsett stressed that just because something is legal doesn’t mean an employer or business can’t prohibit it as a matter of company policy.

An employer’s autonomy applies to situations involving company cars.

What about parks and public land?

Concealed carry at South Carolina state parks is allowed.

At National parks, eligible individuals may carry on park land so long as they are in compliance with federal, state and local laws, but generally may not carry into National Parks Service buildings and facilities.

However, unlike many government buildings, Whitsett said firearm carry cannot be banned on public land belonging to local entities, such as city or county parks and recreation.

Local public bodies can use discretion for “permitted” events on this land, such as parades, Whitsett said.

Can law enforcement search someone openly carrying?

Law enforcement cannot legally search someone solely on the grounds that they are carrying a firearm. However, they may stop and search someone if they have an objective basis to suspect criminal activity.

Whitsett said the bill’s passage codified into law what courts have already said about search and seizure tactics.

“Just because you’re openly carrying does not give law enforcement reasonable suspicion or probable cause to search, detain or arrest,” Whitsett said.

Whitsett said nothing can stop law enforcement from walking up and talking to someone, but people are not required to engage.

Enhanced and graduated penalties, expungements and ‘incentivized’ CWP training

The permitless carry law also expanded the range of individuals who are not allowed to carry firearms to all individuals convicted of a felony, which is a crime punishable by at least one year imprisonment. Those convicted of misdemeanors that carry a sentence of more than five years are also prohibited from carrying a firearm.

“Historically, it was only violent felonies, which was only a small subset of felonies. Now, if you have a felony conviction of any kind on your record, you are prohibited from carrying in South Carolina,” Whitsett said.

In addition, the Senate introduced “graduated” penalties which made punishment for violators “significantly more aggressive,” Whitsett said. The first unlawful carry offense is a misdemeanor with one year imprisonment, the second offense is a three-year misdemeanor and third and subsequent offenses are felonies with five years’ imprisonment.

The Senate also added enhanced penalties for those who commit a crime with a concealable weapon without holding a CWP.

However, those with past convictions rendered obsolete by the new law who wish to expunge the eligible charges have a five-year window to act, effective from March 7 of this year.

“If you know of anyone that has some old unlawful carry convictions out there, there are some new avenues for those that to seek expungements,” Whitsett said.

In addition to permitless carry, the age to obtain a CWP was lowered from 21 to 18 under the new law.

To further incentivize training, SLED will conduct free CWP classes in every county throughout the state at least twice a month.

Correction: This article has been corrected to reflect firearm carry is allowed in National Parks as long as the individual complies with federal, state, and local laws.

Chalmers Rogland covers public safety for the Spartanburg Herald-Journal and USA Today Network. Reach him via email at crogland@gannett.com.