Could someone carry a pistol or rifle while riding a motorcycle under South Carolina law in 2003?

Plain-English summary

A senator asked in 2003 about carrying pistols and rifles on motorcycles. The Attorney General said the term “vehicle” in the then-existing pistol-carry exception probably included a motorcycle. On that basis, a rider could carry a pistol secured in a closed glove compartment, console, or trunk. The opinion also cited an earlier AG view, based on State v. Weston, that a pistol in a latched saddlebag attached to a motorcycle would not violate the pistol law. A footnote said a concealed-weapon permit holder could carry consistently with the then-existing permit law.

For rifles, the AG found no separate motorcycle-versus-automobile distinction in the code. It noted a motorcycle rule against carrying an article that prevented a rider from keeping both hands on the handlebars. The opinion therefore said a rifle had to be secured so the operator could keep both hands there.

Currency note

This opinion was issued in 2003. 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 the 2003 AG consider a motorcycle a vehicle under the pistol exception? A: Yes. It adopted an earlier opinion's view that the exception probably included motorcycles.

Q: Did the pistol compartment have to be locked?
A: The opinion said the then-existing exception required the compartment to be closed but not locked.

Q: What did the opinion say about a motorcycle saddlebag? A: It cited an earlier AG opinion that a pistol in a latched saddlebag attached to the motorcycle did not violate the pistol law.

Q: What was the opinion's condition for transporting a rifle? A: The rifle had to be secured in a manner allowing the operator to keep both hands on the handlebars.

Background and statutory framework

The AG interpreted § 16-23-20(9)'s then-existing vehicle exception and §56-5-30(c)'s motorcycle handling rule. It cited State v. Weston through an earlier AG opinion on latched saddlebags.

Citations and references

• § 16-23-20(9): vehicle exception for pistol storage discussed in the opinion.
• §56-5-30(c): motorcycle rule concerning articles that impede use of both hands.
• State v. Weston: decision cited through the earlier saddlebag opinion.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/february-28-2003/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/03/03feb28verdin.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
HENRY MCMASTER
ATTORNEY GENERAL

February 28, 2003

The Honorable Danny Verdin
Senator, District No. 9
Post Office Box 142
Columbia, South Carolina 29202

m

Dear Senator Verdin:
You have requested an opinion from this Office concerning the legality of carrying a firearm while operating a motorcycle. You requested an interpretation of the law pertaining to both pistols and rifles.

Law I Analysis

I

The South Carolina Code of Laws restricts the _right of a citizen to carry a pistol on his person. S.C. Code Ann.§ 16-23-20. However, the statute provides that one may carry a pistol in "any vehicle where the pistol is secured in a closed glove compartment, closed console, or closed trunk" S. C. Code Ann.§ 16-23-20(9). The statute requires that the compartment be closed presumably so that accessability to the weapon will be somewhat limited. Atty. Gen. Op. dated May 4, 1989. However, there is no requirement that the compartment be locked. Atty. Gen. Op. dated May 4, 1989. The word vehicle has been defined as that in or on which persons, goods, etc. may be carried from one place to another, especially on the ground. The term refers to any moving support or container fitted or used for the conveyance of bulky objects; a means of conveyance. Atty. Gen. Op. dated May 4, 1989. This Office has previously opined that "vehicle," as used in § 16-23-20(9), would probably include a motorcycle. Atty. Gen. Op. dated May 4, 1989. Therefore, it is my opinion that an operator of a motorcycle can carry a pistol if it is secured in a closed glove compartment, a closed console, or a closed trunk. 1 Also, an opinion of our Office concluded that based on State v. Weston, 108 S.C. 383, 94 S.E. 871 (1918), "a pistol carried in a latched saddlebag attached to a motorcycle would not constitute a violation of the State's pistol law." Atty. Gen. Op. dated September 4, 1973.

1

A CWP permittee may carry a concealable weapon in any manner consistent with the Law Abiding Citizens Self-Defense Act of 1996. See Atty. Gen. Op. dated April 19, 1999.
~ A~J ~~~E~~~BUll.DING • POST OFFICE Box 11549 • COLUMBIA, S.C. 29211-1549 • TELEPHONE: 803-734-3970 • FACSIMILE: 803-253-6283

The Honorable Danny Verdin
Page 2
February 28, 2003

In addition, you ask whether it is legal to carry a rifle on a motorcycle. There appears to be no distinction under the South Carolina Code of Laws between carrying a rifle in an automobile versus carrying a rifle on a motorcycle. However, pursuant to S.C. Code Ann. §56-5-30(c), the operator of a motorcycle shall not carry any "package, bundle or other article which prevents him from keeping both hands on the handle bars." Therefore, in order to carry a rifle on a motorcycle, the rifle must be secured in a manner that would allow the operator to keep both hands on the handle bars.

David K. Avant
Assistant Attorney General

I
I