You happen to lose your South Carolina Conceal Weapon Permit (or “CWP”), and want to know if you could still carry your firearm concealed on your person, while you wait for your replacement. Unfortunately, you may not, according to South Carolina Law.
what the law says
South Carolina Code §23-31-215(K) states, “A permit holder must have his permit identification card in his possession whenever he carries concealed.” Further, the statute goes on to state, “a permit holder must inform a law enforcement officer of the fact that he is a permit holder, and present the permit identification card when an officer (1) identifies himself as a law enforcement officer, and (2) requests identification or a driver’s license from a permit holder.” The statute also requires the immediate reporting to the South Carolina Law Enforcement Division, or “SLED” as it is known, of any lost or stolen CWP. Violations of the provisions of this subsection shall constitute a criminal misdemeanor upon conviction, and must be fined $25, payable to the clerk of the court.
You may be thinking, “It is only a $25 fine, I will take my chances.” The problem with taking your chances is that you could still be arrested for unlawful possession of a weapon, which is a Class C misdemeanor and carries a penalty of up to one year in jail.
A law enforcement officer has no obligation to verify you do, in fact, have a CWP, if you do not have it on you. Finally, the conviction of either statute could endanger your right to a CWP.
You can get a full list of laws
For a list of all the laws related to firearms, violations of firearms law, or other statutes related to firearms and CWP requirements, and the application and rights and responsibilities under our CWP statutes, SLED has a complete list of the laws related to firearms and CWP on its website.
Having a valid CWP is an affirmative defense to the crime of possession of a concealed weapon, but remember, affirmative defense apply only at trial. So, do you really want to take the chance of going to jail, paying a bond to get out of jail, and then fighting the case in court?
If you have any questions about carrying a concealed weapon while you are waiting on your CWP replacement card, call U.S. LawShield and ask to speak to your Independent Program Attorney.
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