Could an uncompensated Governor’s constable carry a handgun to a South Carolina county council meeting?

Plain-English summary

In 2007, a Richland County deputy county attorney asked whether a county council member appointed as a Governor’s constable could carry a handgun into council meetings. The Attorney General concluded that the member could do so if he was an uncompensated Governor’s constable. The opinion relied on the handgun-carry exception in Section 16-23-20, which named those constables expressly.

The AG also relied on a 2006 opinion explaining that this exception did not require a constable to be on duty or in uniform. The phrase about “carrying out official duties while in this State” applied to law enforcement officers from federal or other state governments, not to uncompensated Governor’s constables. The opinion said the concealed-weapons article did not change that result because Section 23-31-217 preserved Section 16-23-20.

Currency note

This opinion was issued in 2007. 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 constable have to be on duty at the council meeting? A: The AG said no. The opinion read the duty language as applying to federal and out-of-state officers, not to uncompensated Governor’s constables.

Q: Did the council member need to wear a uniform?
A: No uniform requirement appeared in the exception as the AG read it. The opinion relied on an earlier AG opinion that reached the same conclusion.

Q: Did South Carolina’s concealed-weapons provisions override the constable exception? A: The AG said no. He cited Section 23-31-217, which said the concealed-weapons article did not affect Section 16-23-20.

Background and statutory framework

The requester described a county council member who had been appointed a Governor’s constable and wanted to carry a handgun at council meetings. The AG assumed the appointment was under S.C. Code Ann. § 23-1-60. He then applied Section 16-23-20’s exception for uncompensated Governor’s constables and concluded the member was authorized to carry a handgun to those meetings.

Citations and references

Statutes: S.C. Code Ann. § 23-1-60; Section 16-23-20; Section 23-31-217.

Earlier AG opinion: May 12, 2006 (quoted in the original opinion).

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-16-2007/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/farrar-b-1-16-07-os-8319-county-council-member-co.pdf

Original opinion text

January 16, 2007

Brad Farrar, Esquire
Deputy County Attorney
Richland County Legal Department
Post Office Box 192
Columbia, South Carolina 29202
Dear Mr. Farrar:
In a letter to this office you indicated that a member of county council, who is a constable appointed by the Governor, is interested in carrying a weapon to county council meetings. I presume that this individual was appointed by the Governor as a constable pursuant to the provisions of S.C. Code Ann. § 23-1-60. You have questioned whether such carrying of a weapon at a council meeting is authorized. Section 16-23-20 states in part:
[i]t is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law: (1) regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor’s constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators. (emphasis added). Therefore, uncompensated Governor’s constables, such as the councilman referenced in your letter, are specifically authorized to carry a handgun. A prior opinion of this office dated May 12, 2006 stated that as to the carrying of a handgun,
...there is no requirement that the officer be on duty. Similarly, the statute does not require the officer to be in uniform. The reference in the statute to “when they are

Mr. Farrar
Page 2
January 16, 2007
carrying out official duties while in this State”, regards only “law enforcement officers of the Federal government or other states”...The statute...allows “uncompensated Governor’s constables” to carry pistols. Again, there is no requirement that such a constable have a particular type of authority or that he be on duty. That opinion concluded that the constable referenced in that opinion would be authorized to carry a handgun anywhere in this state. Consistent with that opinion, in the opinion of this office, the member of county council referenced in your letter who is a member of county council, would be authorized to carry a handgun to county council meetings. As to your concerns regarding the impact of the provisions of this state’s concealed weapons law, S.C. Code Ann. §§ 23-31-205 et seq., it is specifically provided by Section 23-31-217 that “[n]othing in this article shall affect the provisions of Section 16-23-20.” Concerning the provisions of 18 U.S.C.A. § 926 also referenced in your letter dealing with carrying a concealed firearm by retired law enforcement officers, I similarly do not perceive such provisions as impacting on the authority of a constable to carry a handgun anywhere in this state. If there are any questions, please advise. Sincerely,

Charles H. Richardson
Senior Assistant Attorney General
REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General