Could a South Carolina private detective carry a concealed weapon while working under the 1996 permit law?

Plain-English summary

In a 1996 informal opinion, an assistant deputy attorney general read a recent concealed-weapons amendment as allowing private detectives to seek the same civilian concealable-weapons permit available to other qualified citizens. The private-detective statute still barred a firearm permit issued under its own private-security section, but the amendment expressly said that bar did not prevent carrying under the separate civilian permit law.

The author rejected a proposed distinction between a detective on duty and one acting privately. He found no such time or role restriction in the amended text. A detective who met the new permit requirements could therefore carry under that permit while working, subject to the same restrictions on places and property that applied to other permit holders. The opinion was about the 1996 law and did not claim that detective status itself supplied a permit.

Currency note

This opinion was issued in 1996. 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: Did private-detective registration itself authorize concealed carry?
A: No. The author said a detective had to qualify for a permit under the new civilian concealable-weapons law.

Q: Could a qualifying detective carry while on duty?
A: The 1996 opinion said yes. It found no basis in the amendment for limiting the civilian permit to off-duty use.

Q: Did the amendment let detectives obtain the private-security firearm permit?
A: No. The bar on permits issued under the private-security section remained, while a separate civilian permit route was available.

Q: Were all locations open to a permit holder?
A: No. The letter described restricted places and a property owner's or employer's ability to prohibit carrying on premises under the new act.

Background and statutory framework

A senator asked how the 1996 concealed-weapons act affected private detectives previously barred from obtaining certain firearm permits. The author focused on amended Section 40-17-120 (D), which distinguished permits issued under the private-security section from those under the new civilian permit article. He gave effect to the amendment's express savings language and declined to imply an on-duty exception absent from the text.

This was an informal opinion signed by an assistant deputy attorney general, not a formal opinion personally reviewed by the Attorney General.

Citations and references

• Private-detective permit provision: Section 40-17-120 (D).

Official title

Seeking as to whether  “a private detective may lawfully carry a concealable weapon.”

Requester

The Honorable Donald H. Holland, Chairman, Senate Judiciary Committee

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/december-6-1996-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/12/96dec6holland1.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

December 6, 1996

The Honorable Donald H. Holland
Chairman, Senate Judiciary Committee
Post Office Box 142
Columbia, South Carolina 29202
Re: Informal Opinion
Dear Senator Holland:
You seek an opinion as to whether "a private detective may lawfully carry a concealable weapon." You further provide the following information:
[a]s you may be aware, prior to the passage of the Law Abiding Citizens Self-Defense Al?t of 1996, private detectives were prohibited from carrying concealed weapons pursuant to Section 40-17-120 (D) as well as pursuant to SLED regulations governing private detectives. Section 40-17-120 authorized only persons engaged in the private security business to carry fireanns. In considering and adopting amendments to the Law Abiding Citizens Self-Defense Act, the legislature envisioned that there might be questions pertaining to a private detective's right to carry a concealable weapon while on duty since Section 40-17-120 (D) simply stated that "permits for carrying fireanns must not be issued to 'persons registered as private detectives." Thus, Section 40-17-120 (D) was revised as follows in order to alleviate any confusion:
[p]ermits for carrying firearms must not be
issued pursuant to this section to persons registered as private detectives. Nothing in this

~DE~ POST OFFICE Box 11549 • COLUMBIA. s.c. 29211- 1549 • TELEPHONE: 803-734-3970 •

FACS!Mllf.: 803-253-6283

..
Senator Holland
Page 2
December 6, 1996

section prohibits a private detective from carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23. The intent of the amendment was (1) to leave the permit criteria provided in Title 40 unchanged and (2) to not deny a private detective the same access to a concealable weapon permit under Title 23 as any other citizen would have. As you may be aware, Title 23 .authorizes the carrying of a concealable weapon at any time or place unless the place is one prohibited by the act. While I feel that Section 40-17-120 (D) is clear on its face, some questions have arisen with the advent of the new law. LAW \ ANALYSIS A number of principles of statutory construction are relevant to your question. First and foremost, in interpreting a statute, the primary purpose is to ascertain the intent of the General Assembly. State v. Mru:tin, 293 S.C. 46, 358 S.E.2d 697 (1987). The statute' s words must be given their plain and ordinary meaning without resort to subtle or forced construction to limit or expand the statute's operation. State v. Blackmon, 304 S.C. 270, 403 S.E.2d 660 (1991). It is presumed that the Legislature is familiar with prior legislation when it passed the pertinent legislatiYe enactment. Bell v. S.C. State Hwy. Dept., 204 S.C. 462, 30 S.E.2d 65 (1944). ·Likewise, it will be presumed that the General Assembly did not intend to do a futile thing. Gaffney v. Mallory, 186 S.C. 337, 195 S.E. 840 (1938). Where terms of a statute are positive and unambiguous, exceptions not made by the Legislature cannot.be read in by implication. Vernon v. Harleysville Mut. Cas. Ins. Co., 244 S.C. 152, 135 S.E.2d 841 (1964). R-534 enacts the "Law Abiding Citizens Self-Defense Act of 1996." Such Act adds new Article 4 to Chapter 31 of Title 23 of the Code. The new statute requires that if an individual meets certain criteria, a concealable weapons permit must be issued. The Act further designates certain areas, such as courthouses, churches, law enforcement facilities and other locations as off-limits to the carrying of a concealable weapon even if an individual possesses a valid CWP. Section 21-23-215 (M). Section 8 of the Act also protects the right of the employer to prohibit concealable weapons upon him premises and the right of the property owner to prohibit "the carrying of a concealable weapon" upon
.his property.

Senator Holland
Page 3
December 6, 1996

Section 10 of the Act amends Section 40-17-120 of the Code, which is part of the statute regulating private detectives and private security businesses. As you indicate, Section 40-17-120 had authorized SLED . to issue permits to a person engaged in the private security business or registered in accordance with Section 40-17180 (private security guard) a permit to carry a. pistol, revolver or other firearm. However, Subsection (D) of Section 40-17-120 provides that "[p]ermits for carrying firearms must not be issued to persons registered as private detectives." In other words, pursuant to the statute previously, SLED w,as authorized to issue a permit to carry a handgun to security guards, but no such permit could be issued to a private detective. As stated, Section 40-17-120 was amended by the new concealable weapons law. Section 10 amend Section 40-17-120 to provide as follows: Section 40-17-120 (A) Except as provided in subsection (D), the division may grant to a person licensed or registered in accordance with this chapter a permit to carry a pistol, revolver, or other firearm. Application for the permit must be made on forms provided by the division, and the fee is twenty dollars a year. The permit is for one year and application for renewal must be on a form furnished by the division. The permit is not transferable.

(B)
No person may be issued until he has presented to the
division proof that he is proficient in the use of firearms and has received a minimum of four hours' classroom instruction. (C) A person engaged in the private security business or registered in accordance with Section 40-17-80 and issued a permit in accordance with this section may carry a fireann in an open and fully-exposed manner only while on duty, in uniform, and going to and from work. However, the division in its discretion may issue an additional written permit to the person to carry the firearm about his person, concealed or not, even though he is not in uniform nor on duty if the division determines that the additional permit will enable the permittee to better perform his assigned duties. No additional permit may be issued to a permittee to be effective in a place where alcoholic beverages, beer or wine are sold or consumed.

Senator Holland
Page 4
December 6, 1996
(D) Pennits for carrying firearms must not be issued
pursuant to this section to persons registered as private detectives. Nothing in this section prohibits a private detective from carrying a concealable weapon pursuant to and in compliance with Article 4. Chapter 31. Title 23. (E) A person licensed or registered in accordance with this chapter may, in addition to _the permit issued pursuant to subsections (A) through (C) of~s section, apply for a permit pursuant to Article 4, Chapter 31, Title 23. Thus, the issue here is what the General Assembly intended to accomplish by Subsection (D) of the new statute with respect to the authority of private ·detectives to carry a concealable weapon. As noted, licensed private detectives previously possessed no authority whatever to carry a concealed weapon, even in their personal capacity. The amended version, however, provides that such permits must not be issued "pursuant to this section", meaning Section 40-17-120. The statute further specifies that a private detective is not prohibited by Section 40-17-120 from "carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23 ", or the Law Abiding Citizens Self-Defense Act of 1996. Nothing in the new Act would therefore prohibit a private detective from carrying a concealable weapon at any time so long as the exceptions in the act were complied with. Other provisions in the Act support this interpretation. For example, Section 2331-215 (M) lists a number of statutes that the new Act deems not to "alter or affect". Section 40-17-120 is not listed, however, indicating the new statute sought to change existing law. Again, nothing in the new. statute places any time limitation upon or designates any particular time that a person possessing a concealable weapons permit may not carry a concealable weapon. Clearly, the change by the General Assembly to the language that permits for carrying fireanns "pursuant to this section" must not be issued, is significant. That language, coupled with the next sentence stating that nothing therein prohibits a private detective "from carrying a concealable weapon" pursuant to the new law clearly indicates the legislature's intent to authorize private detectives now to possess the same rights and privileges as any other citizens. It has been suggested, however, that Subsection (D) now only permits a private detective to carry a concealable weapon when he or she is not acting in the capacity of a private detective. However, such an interpretation would not give full implementation

Senator Holland
Page 5
December 6, 1996
to the language that a private detective is not prohibited from "carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23." In view of the fact that the new law provides for no limits which would suggest that a private detective may only carry a weapon when he or she is not c¢ting as· a private ·detective, I cannot imply such a limitation. ·As our Court has stated, "[t]o depart from the meaning expressed by the words [of a statute] is to alter the statute, to legislate and not to interpret." Creech v. S.C. Pub. Ser. Auth.. 200 S.C. 127, 146-7~ 20 S.E.2d 645 (1942). Accordingly, it is my opinion that a private detective may carry a concealable weapon upon meeting the requirements of the new ·Law Abiding Citizens Self-Defense Act of 1996. Upon receipt of a CWP pursuant to such qualification under the new law, there would be no distinction· between a detective carrying his concealable weapon under the authority of such permit in his capacity as a detective or as a private citizen. Thus, under the new law, a private detective may now be issued a CWP to the same extent as any other citizen, and may carry such concealable weapon to the same extent as any other person. This letter is· an informal opinion only. It has been written by a designated Assistant Deputy Attorney General and represents the position of the undersigned attorney as to the specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kind regards, I am Very truly yours,

obert D. Cook
Assistant Deputy Attorney General
RDC/ph