Places Where You Cannot Take Your Concealed Weapon in South Carolina

In South Carolina, even though you may have a CWP, you cannot take your weapon anywhere you choose. You are not allowed to take a concealed weapon in the following places:

(1) law enforcement, correctional, or detention facility;
(2) courthouse or courtroom;
(3) polling place on election days;
(4) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(5) school or college athletic event not related to firearms;
(6) daycare facility or preschool facility;
(7) place where the carrying of firearms is prohibited by federal law;
(8) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;
(9) hospital, medical clinic, doctor’s office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer; or

(10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises.

S.C. Code Sec.  23-31-215(M)

Rhett Burney
Attorney at Law
www.rhettburney.com
www.turnerandburney.com
864-228-1616
rdburney@turnerandburney.com

 

When Is a Family Court Final Order Not Final?

South Carolina Court of Appeals overturns a Non-Appealed Final Order

Most of the time once the Family Court in South Carolina issues an order, if no one appeals the order, it becomes the law of the case and cannot be modified.  The only major exceptions, however, are those orders addressing child support, child custody, child visitation, and alimony orders.  These types of orders can always be revisited upon the showing of a substantial change of circumstances.  However, the Court of Appeals in South Carolina recently issued an order which now gives Family Court attorneys something to scratch their head about.  In the case of Ashburn v. Rogers, the Court of Appeals did something that an appeals court usually does not do: it overturned a final order of paternity that was more than 15 years old.  The order made a finding that a man was the father of a child. Even though the man was offered a paternity test at the time, he waived the test and admitted he was the father.  Approximately, 15 years later the man had a DNA test done that showed he was not the father of the child.  He requested that he be relieved of his future child support obligation. Even though he did not appeal the original order finding him to be the father of the child and requiring him to pay child support, the Court of Appeals ruled that it would be inequitable to require him to pay child support for a child that is not his although he admitted many years ago the child was his.

Although fairness probably played out in this case, it now becomes harder to advise clients whether an order is final or not. As lawyers we used to be pretty confident in telling clients that an unappealed order could never be changed. This seems to no longer be true.  Arguably, Ashburn v. Rogers seems to say that the court can overturn orders that were never appealed if they are later determined to be unfair.  It will be interesting to see what other orders are overturned based upon a fairness argument.

Rhett Burney

Attorney at Law
www.rhettburney.com
www.turnerandburney.com
864-228-1616
rdburney@turnerandburney.com

 

Which States Accept South Carolinas CWP?

 

I’ve been getting a lot of questions about concealed weapons permits.  One question I have received is, “In which states is my South Carolina CWP valid? Here is a list that has reciprocity with South Carolina.

Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, New Mexico, North Carolina, North Dakota, Missouri, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota, Texas, Tennessee, Virginia, West Va. (21 years of age and older, and Wyoming.

However, remember that even though these states recognize a valid South Carolina CWP, you must still be familiar with another states’ CWP laws, restrictions, and requirements.  Even though you have a South Carolina CWP, you must follow another States law regarding concealed weapons.

Rhett Burney
Attorney at Law
www.rhettburney.com
www.turnerandburney.com
864-228-1616