What training did a South Carolina magistrate’s constable need in 2014 to carry a pistol on duty?

Official title

Concerning the training required of magistrates’ constables in order for them to carry a handgun while performing their duties in such capacity, referencing the language of S.C. Code §§ 22-9-180 and -190, as well as two prior opinions from 1976 and 1978.

Requester

The Honorable Joshua R. Edwards, Magistrate, Darlington County

Plain-English summary

A magistrate asked whether constables needed full Class 1 law-enforcement training to carry pistols while performing their duties, or whether a limited-duty Class 3 course could suffice. The Attorney General concluded that, under the training then available, a magistrate's constable had to complete the Criminal Justice Academy's 12-week Class 1 course before carrying a pistol under the statute. The opinion said this was because the Academy offered no other course to magistrates' constables at that time.

The office did not say Class 1 training was permanently the only permissible route. It explained that the South Carolina Law Enforcement Division and the Academy had authority to establish a less intensive training path for these constables, as an earlier coordinated two-week course had done. Whether to create such a course was for those agencies to decide.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Was Class 3 certification alone enough for a constable to carry a pistol in 2014? A: The office concluded that the then-available route for magistrates' constables was the 12-week Class 1 course. It did not identify an available Class 3 course for them.

Q: Could the training requirement be shorter than 12 weeks? A: The opinion said SLED and the Academy could establish a less intensive qualifying course, but described that as a decision for those agencies.

Q: Why did older AG opinions mention a two-week course?
A: The office explained that training offerings had changed: a specially coordinated two-week constable course had been available when the 1978 opinion was issued.

Background and statutory framework

The opinion read the constable pistol provision together with the statute requiring full-time magistrates' constables to attend the Criminal Justice Training Academy and the provision authorizing SLED implementation rules. It compared the 1976, 1978, and 1984 AG opinions before applying the training courses available in 2014.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/april-14-2014/
• Original PDF: https://www.scag.gov/wp-content/uploads/2014/04/00303086.pdf

Original opinion text

ALAN WILSON

A TIORNEY GENERAL

April 14, 2014

The Honorable Joshua R. Edwards
Magistrate, Darlington County
115 Camp Road
Darlington, S.C. 29532
Dear Judge Edwards,
You seek an opinion of this Office as to the training required of magistrates' constables in order for them to carry a handgun while performing their duties in such capacity. Referencing the language of S.C. Code §§ 22-9-180 and -190, as well as two prior opinions from 1976 and 1978, you provide the following background information and specific questions on the matter: Is it still the opinion of the Attorney General that magistrates' constables are still required to have the Class One (1) law enforcement officer's certification through the SC Criminal Justice Academy in order to carry a handgun while performing duties as a magistrate's constable? It is my understanding that a Class Three (3) officer certification (Limited Duty Officer) was not offered by the SC Criminal Justice Academy in 1975-1976. However, a two-week training course was offered but later discontinued and the original A~orney General's opinion [from 1976] was restated.

There is no specific training at the SC Criminal Justice Academy directed specifically to magistrates' constables. The only training available through the SC Criminal Justice Academy would certify our constables as Class One officer
[through] ... Basic Law Enforcement Training. This would put them on equal footing with a Class One police officer with full duties and responsibilities. Would it be allowable to have our magistrates' constables trained and classified as Class Three (3) officers which would be the equivalent of limited duty officers as recognized by the SC Criminal Justice Academy?

Law/Analysis
The statutory provisions concerning magistrates' constables are generally found in Chapter 9 of Title 22 of the S.C. Code. Pursuant to § 22-9-180, magistrates' constables are authorized to carry weapons in limited circumstances: Notwithstanding any other provision of law, magistrates' constables who have

received the required training by the South Carolina Law Enforcement REMBERT

c. DENNIS BUILDING • POST OFFICE Box 11549 • COLUMBIA, SC 29211-1549 • TELEPHONE 803-734-3970 • FACSIMILE 803-253-6283

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Division as set forth in§§ 22-9-180 to 22-9-210, shall be authorized to carry pistols on and about their persons when on official duty as such constables and when going to and from their places of residence. Provided, however, that the Chief of the South Carolina Law Enforcement Division, after hearing and for cause, may deny such privilege to any such constable who is guilty of using his pistol at any time in a manner inconsistent with accepted law enforcement procedures as determined by the Chief or who has been convicted of any crime for which a penalty of imprisonment for more than one year may be imposed. The term "conviction" shall include a plea of guilty, a plea of nolo contendere or forfeiture of bail.
§ 22-9-180 (emphasis added).
Furthermore, § 22-9-190 states:
Notwithstanding any other prov1s1on of law, all full-time magistrates' constables shall attend the South Carolina Criminal Justice Training Academy within one year from June 29, 1976, or within one year from initial date of employment after June 29, 1976.

§ 22-9-190 (emphasis added). Pursuant to § 22-9-200, "[t]he Chief of [SLED] shall promulgate rules and regulations necessary to implement the provisions of§§ 22-9-180 to 22-9-210." As indicated in the above provisions, before a magistrate's constable is authorized to carry a pistol pursuant to § 22-9-180 he must receive "the required training by [SLED]" and, pursuant to § 22-9-190, "attend the South Carolina Criminal Justice Training Academy." Pursuant to § 22-9-200, the Chief of SLED has the authority to promulgate mies and regulations necessary to implement §§ 22-9-180 and 190. In consideration of these statutory provisions, this Office has issued several prior opmtons specifically advising as to the type of training required of magistrates' constables before they may carry pistols. In 1976, we advised that since the only training offered by the S.C. Criminal Justice Academy (the "CJA") at that time was an two-week basic course of instruction, this was the training magistrates' constables must undergo before they may carry pistols. Op. S.C. Att'y Gen., 1976 WL 23010 (July 12, 1976). However, in a 1978 opinion we advised that a two-week course then offered by the CJA specifically for magistrates' constables provided the training required by § 22-9-190 in order for a magistrate's constable to carry a pistol pursuant to § 22-9-180. Op. S.C. Att'y Gen., 1978 WL 22637 (Oct. 10, 1978). The information provided to us at that time indicated that the "two week school was planned by the Director of the Criminal Justice Academy in coordination with [SLED] and the Court Administration offices." Id. In reaching our conclusion, we stated as follows:
[W]ith reference to the two week school as outlined in your letter, it is the opinion of this Office that such course of instruction may be interpreted to be in compliance with the instruction mandated by Section 22-9-180. A review of Section 22-9-200 of the Code of Laws indicates that the Chief of the South Carolina Law Enforcement Division is authorized to promulgate such rules and regulations as are necessary to implement Sections 22-9-180 and 22-9-190. Therefore, it would appear that pursuant to such grant of authority a course

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of instruction specifically structured toward providing magistrates' constables weapons training may be established and it would not be necessary that these constables successfully complete the eight week training session required of other law enforcement personnel. Id. (emphasis added). Furthermore, in a 1984 opinion we generally advised on the matter as follows: Regarding ... the authorization for a Magistrate's Constable to carry a pistol, my examination of the criminal provisions of our Code of Laws generally relating to the possession of pistols, found at §§ 16-23-10 et seq., and the regulation of pistols, found at §§ 23-31-110 et seq., Code of Laws for South Carolina (1976) as amended, does not show an exception for Magistrates' Constables. However,
§ 22-9-180, Code of Laws of South Carolina, 1976, as amended, allows Magistrates' Constables to carry pistols on their persons when on official duty as such Constables and when going to and from their places of residence, provided they have received the required training by the South Carolina Law Enforcement Division. Such provision was a part of Act No. 667 of 1976, now found at §§ 229-180 through 22-9-210 of the 1976 Code of Laws as amended, which further provided for Magistrates' Constables to attend the Criminal Justice Academy and SLED to promulgate rules and regulations to implement such Act.

As to the training required of Magistrates' Constables, I can only refer you to the provisions of§ 22-9-190, supra, which as referenced, requires such individuals to attend the Criminal Justice Academy, and§ 22-9-180, supra, which references such individuals receiving the required training by SLED. Inasmuch as§ 22-9200 .•. authorizes SLED to promulgate rules and regulations to implement

the provisions of Act No. 667of1976, it appears that it would be within the authority of SLED to establish the type of training required of Magistrates' Constables. Op. S.C. Att'y Gen., 1984 WL 159894 (July 26, 1984) (emphasis added). As indicated in the above opinions, we have always deferred questions concerning the training required of magistrates' constables to carry pistols to SLED's authority to establish such training and promulgate rules and regulations for such purposes pursuant to §§ 22-9-180 and -200, as well as the CJA's authority to determine the training course required of magistrates' constables pursuant to § 22-9190. However, we are unaware of any such training requirements SLED has promulgated by rule or regulation. It is also our understanding that although the CJA currently offers three levels of law enforcement certification accompanied by different training programs, 1 the only training program made

1

S.C. Code Regs. 38-007 provides the following concerning the training requirements for the three classes of law enforcement certification: A. Class 1 Certifications

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ava ilable to magistrates' constables is the twelve-week course requ ired for C lass 1 Certificat ion. Consistent w ith the CJA's training requirements, we must conclude that pursuant to § 22-9-1 90 magistrates' constables are required to complete the twelve-week course for Class I Certification before they are au thorized to carry a pistol pursuant to § 22-9-1 80. With that be ing said, we note that nothing prevents SLED and the CJA from estab lishing less intensive training requirements for magistrates' constables which, upon comp letion, would authorize them to carry a pisto l. As indicated in the 1978 opinion mentioned above, this cou ld be accomp li shed through a coordinated effort between the two agencies. However, any determ ination as to whether or how any such lesser training requi rements should be established is withi n these agencies' discretion.

~..,..._"S"'i"n'-~e-r..e.Jly,B Harrison D. Brant
Assistant Attorney General
REV IEWED AND A PPROVED BY:

~~
Robert D. Cook
Solic itor General

I. Candidates for basic certification as law enforcement officers with fu ll powers shall successfu lly complete a training program as approved by the Department and will be certified as Class I-LE.

2. Cand idates for basic certification as both law enforcement officers with fu ll
   powers and as local detention fac ility officers Uailers) shall successfully complete the requi rements to be certified as Class I-LE and Class 2-LCO and will be certified as Class 1-LECO. B. Class 2 Certifications I. Candidates for basic certification as local detention facility officers Uailers) shall success fully complete a training program as approved by the Department and wi ll be certified as Class 2-LCO.
3. Candidates for basic certification as correctional officers with the Department of
   Corrections shall successfull y complete a training program as approved by the Department and will be certified as Class 2-SCO.
4. Candidates for basic certification as juvenile correction officers with the
   Department of Ju venile Justice shall successfu ll y complete a training program as approved by the Department and will be certified as Class 2-JCO. C. Class 3 Certifications. Candidates for basic certification as law enforcement officers with lim ited powers of arrest or special duties shall successfully complete a training program as approved by the Department and will be certi fied as Class 3-SLE.