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

 

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

WHAT YOU SHOULD DO IF YOU ARE IN A WRECK

Let’s say that you have taken all of the precautions above, but you are still in a wreck. What do you do?  Depending on the extent of your injuries and the nature of the accident, here is a list of things you should consider doing if you are in a wreck:

  1. First, check yourself for injury. Next, check your passengers for injury. Also make sure no one in the other vehicle is hurt. Call 911. If someone is injured, do not move them unless they are in danger, i.e. the car is on fire or in danger of being struck by a passing vehicle, the person is not breathing, etc.
  1. Understand where you are and make sure others can see you and your car.  Move your car if doing so would be safer.
  2. If you are injured, then you should seek medical care as soon as possible. You should do your best to follow your doctor’s advice. Your failure to seek medical care and follow your doctor’s advice could be very bad for your health and hurt your chances at being fairly reimbursed for your injuries and other losses.
  3. Do not admit fault at the scene. Statements made at the scene can be used as evidence against you. There will be time later to address who was at fault.  However, if the accident was your fault, you must tell the truth.
  4. Take photographs of the accident scene and the other vehicles, provided you are 100% positive you are not hurt.  Remember that the body reacts different ways after an accident.  You may be hurt and not realize it until several days afterwards.
  5. Call the police. Most insurance companies require a police report before settling any property or medical claims. In addition, the police will make a diagram of the accident and get everyone’s important information.
  6. Call your insurance company.  You don’t have to call them the day of your accident, but it’s best to do so as soon as possible.  Otherwise, they may refuse to pay.  An attorney can help you by talking to your insurance company. An attorney can also help you by making sure that you get the full benefits that you are entitled to according to the insurance policy.
  7. Never sign any papers that someone other than your attorney or the police give you unless you are 100% sure you understand what they say, their purpose, and their effect.
  8. Never give a statement (recorded or written) to the other driver’s insurance company.  If they are requesting one, see a lawyer as soon as possible.  These statements are very rarely used for your benefit even if the wreck was not your fault.
  9. Make sure you keep a folder with all of the information concerning the accident (such as the accident report, insurance documents, police reports, medical bills, prescriptions, mileage log for trips to and from your doctor).
  10. Don’t negotiate your claim with the insurance company until you speak to an attorney.  Whether you believe it or not, you can’t educate yourself enough by reading on the internet how to settle your own insurance claim.  Attorney’s spend years in law school and are required to take numerous hours of legal education classes each year in order to help others.  You simply cannot learn enough to properly settle your claim.  Negotiation is a skill that is learned over years and based upon many case experiences.  You may be good at arguing, but that is not the point.  You are trying to be reimbursed for your expenses.

I do have clients who have tried to negotiate their case before coming to see me only to find out they do not understand all of the legal jargon or the process.  Unfortunately, by the time I talk to these people they have usually caused irreparable damage to their case, and they have cost themselves hundreds or thousands of dollars.  Here is a simple test on whether you need an attorney.  Do you know what subrogation is, how it works, and why it’s important? Do you understand stacking? If you answered “No” to any of these questions, you need an attorney if you are ever in a car wreck.

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

Top 5 Legal Questions Asked This Month

1) Should I sign a lease as a guarantor for my child?

-No, unless you don’t care about having to pay for the lease yourself when your child doesn’t.

2) Somebody wrote me a bad check what should I do?

-If someone wrote you a bad check they have committed a crime.  Most solicitor’s offices have a bad check office.  Report it to them immediately.  You can also sue them and receive three times the amount of the check.  In both cases, it is important to act as soon as you receive the bad check.  There is a small window of time to prosecute or collect the bad check.

3) What are the 3 most important documents I should have?

-Deed with joint right of survivorship, will, and Power of attorney.  Usually in that order.

4) Should I form an LLC or an S-Corp.?

-People ask me this question because they are wanting to protect their assets in case they get sued.  However, this question is not that simple to answer without having more information.  I advise people that we need to get their accountant involved because not only do we want to protect their assets in case they get sued, but we also want to protect their assets from being taken in the form of taxes.  Once we get their accountant’s input, then we usually get them started as an LLC or Corporation.

5) I was in a car wreck and medical provider will not take my health insurance.

-Your doctor or hospital does not want to be involved in your legal troubles.  You must insist that they file the claim on your health insurance even if the accident was caused by someone else.  Otherwise, you may be turned over to collections as you deal with the at-fault driver’s insurance company.

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

What are The Chances of Being Sued If You Are in a Car Wreck?

I speak with business owners and private clients every day, and I often give them an analysis of the likelihood they will be sued and how to protect themselves.  After my analysis, I usually conclude that they will most likely never be sued.

Nevertheless, the greatest exposure someone has to being sued is because of a divorce or an automobile accident.  Hopefully, you have enough auto insurance to cover you in case you cause an accident.  (As I’ve mention in a previous post, get as much insurance as you can).  Even if you caused a wreck, unless you acted completely reckless, like driving drunk, your insurance company will probably pay the claim without you knowing about it.

The media has driven fear into the public that a lawsuit is around every corner and that frivolous lawsuits are rampant.  This type of reporting has one purpose in mind: to sale ads.  Are frivolous lawsuits filed?  Yes.  Are most of them thrown out of court? Yes.  In South Carolina we have a law called the Frivolous Civil Proceedings Act to protect citizens from frivolous lawsuits, so please stop worrying about being sued.  I can’t begin to tell you how many Homeowner’s Associations, business, and individuals that I have represented who because of a fear of being sued have done away with “get togethers”, fairs, and other events.  I even had one family not want to have their son’s sports team over for a gathering because they were afraid someone would fall in their home and sue them.  The laws in South Carolina concerning injuries on someone’s property are very pro-property or business owner.  Unless you know of a hazardous condition on your property and do not fix it, you are pretty safe from being sued.  Next week I’ll share with you the factors I use in analyzing someone’s lawsuit potential.

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

Who Has to Pay if My Neighbor’s Tree Falls on My House?

Trees are great to have in your yard. They can add value to your home. They provide shade, and they are nice to look at, but what happens when a tree falls and causes damage to your home or to your neighbor’s home?

If your neighbor’s tree falls on your house, he may or may not be responsible for the damage. If the tree was known to be diseased or dead and it falls on your house, then your neighbor is probably liable. If the tree falls during a storm, then he would probably not be liable because this is considered an Act of Nature. However, if the tree fell over in a storm and the tree was diseased or dead then your neighbor would most likely be liable if it can be proved he knew or should have known about the poor condition of the tree.

In order to protect yourself in all of these situations, inspect your trees and make sure you have adequate homeowner’s insurance to pay for the damage in case a tree falls on your house.

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

Do You Need A Power of Attorney?

What is a Power of Attorney?

A Power of Attorney is a document that allows one person to authorize another person or organization to act on that person’s behalf. For instance, a husband could sign a Power of Attorney which would allow his wife to take care of his financial affairs and other responsibilities in case he is unable or unwilling to take care of his affairs.

So, what happens if you do not have a Power of Attorney? If you do not have a Power of Attorney and you become physically or mentally disabled to the point that you cannot handle your affairs, then someone like your spouse will have to bring a lawsuit in Probate Court in order to have your spouse appointed as your conservator. Having to bring this type of legal action is lengthy and expensive. For instance, a proper Power of Attorney will only cost about $200 while a legal proceeding in Probate Court will cost thousands of dollars.

Do you need a Power of Attorney? Absolutely. We do not know what tomorrow will bring, but there is a good chance that at some point in our lives we will not be able to take care of ourselves. Unfortunately, we do not know when that time will come, but it will come. Good financial planning involves wise preparation. If you do not have a Power of Attorney, please call me (864) 228-1616) or email me (rdburney@turnerandburney.com), and we can discuss in greater detail the benefits of having a Power of Attorney.

Rhett Burney
Attorney at Law
www.turnerandburney.com
www.rhettburney.com

How Long Does Alimony Last?

How Long Does Alimony Last?

The type of alimony that a spouse is awarded determines how long alimony will be received or paid.  If a judge awards lump sum alimony then the alimony will be paid until the lump sum amount is paid in full.  If alimony is rehabilitative alimony, it will be paid until the terms of the court order are met.  For instance, when a judge orders rehabilitative alimony it is usually for a certain period of time. Once the time period elapses then the alimony payments will stop.

Permanent and periodic alimony will be paid until either the paying spouse or the receiving spouse dies.  This type of alimony will also end if the receiving spouse remarries or lives with a romantic partner for a period in excess of 90 days.  Permanent and periodic alimony can also be revisited by the court if one of the parties can show a substantial change in circumstances, such as a decrease/increase in income, a job loss, or retirement.  Every case involving alimony is a little different, so contact me if you have a specific question about your alimony situation.

-Rhett D. Burney, attorney
www.turnerandburney.com
www.rhettburney.com
rdburney@turnerandburney.com
864-228-1616

WHAT YOU SHOULD DO IF YOU ARE IN A CAR WRECK (Part I)

WHAT YOU SHOULD DO IF YOU ARE IN A  CAR WRECK

Let’s say that you have taken all of the precautions you can, but you are still in a wreck. What do you do?  Depending on the extent of your injuries and the nature of the accident, here is a list of things you should consider doing if you are in a wreck:

  1. First, check yourself for injury. Next, check your passengers for injury. Also make sure no one in the other vehicle is hurt. Call 911.  If someone is injured, do not move them unless they are in danger, i.e. the car is on fire or in danger of being struck by a passing vehicle, the person is not breathing, etc.
  2. Understand where you are and make sure others can see you and your car.  Move your car if doing so would be safer.
  3. If you are injured, then you should seek medical care as soon as possible. You should do your best to follow your doctor’s advice. Your failure to seek medical care and follow your doctor’s advice could be very bad for your health and hurt your chances at being fairly reimbursed for your injuries and other losses.
  4. Do not admit fault at the scene. Statements made at the scene can be used as evidence against you. There will be time later to address who was at fault.  However, if the accident was your fault, you must tell the truth.