Could South Carolina prison wardens carry state-issued pistols at all times?

Plain-English summary

In 2012, the South Carolina Attorney General concluded that Department of Corrections wardens described in the request could carry department-issued firearms at all times. State law generally barred carrying a pistol unless an exception applied; one exception covered prison guards engaged in official duties. The office relied on the wardens’ Class 2 certification, their responsibility for institutional security, and the department’s description of them as on call 24 hours a day, seven days a week. On those facts, it treated them as continuously engaged in official duties. The opinion’s reasoning was tied to the wardens and duty arrangement described by the department.

Currency note

This opinion was issued in 2012. 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 AG say these wardens could carry state-issued firearms after ordinary office hours? A: Yes. On the department’s description of round-the-clock duty, it concluded they could carry them at all times.

Q: Which pistol-carry exception did the opinion use?
A: It relied on the exception for prison guards engaged in official duties.

Q: Did Class 2 certification alone decide the question?
A: No. The opinion also emphasized the wardens’ responsibility for security and their continuous on-call duties.

Q: Did the opinion cover every corrections employee?
A: No. Its conclusion addressed the certified wardens and work arrangement described in the request.

Background and statutory framework

The corrections director asked about wardens certified as Class 2 law enforcement officers. The AG compared the general pistol-carry restriction with the prison-guard official-duty exception and used the department’s description of wardens’ duties to answer.

Citations and references

The opinion quotes S.C. Code Ann. § 16-23-20 and discusses its prison-guard exception.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/november-6-2012/
• Original PDF: https://www.scag.gov/wp-content/uploads/2012/11/byars-w-r-os-9508-11-06-12-wardens-carry-scdoc-issued-firearms-at-all-times.pdf

Original opinion text

ALAN WILSON
ATTORNEY GENERAL

November 6, 2012

William R. Byars, Director
South Carolina Depmtment of Corrections
P.O. Box 21787
Columbia, SC 29221-1787
Dear Director Byars:
We received your letter on behalf of the South Carolina Department of Corrections ("SCDOC") asking whether wardens of SCDOC correctional institutions, who are also certified as Class 2 law enforcement officers, may carry their SCDOC-issued firearms at all times. The South Carolina Code of Laws restricts the right of a citizen to carry a firearm on his person. S.C. Code Ann. § 16-23-20 makes it unlawful for anyone to carry about the person, whether concealed or not, any pistol, unless one of twelve listed exceptions is present. If a person is carrying a pistol in South Carolina and one of the twelve exceptions do not apply, then that person may be criminally charged with a violation of§ 16-23-20. One of the notable exceptions is for prison guards while engaged in their official duties. See § 1623-20(11 ). By way of illustration, we note an opinion of this Office dated May 29, 1990 ( 1990 WL 599198), where we addressed whether detention officers were required to surrender their firearms while transporting inmates in an ambulance to local hospitals for treatment, or upon demand by hospital personnel before an inmate could be treated. Referencing the status of detention officers as peace officers as to any matters dealing with the custody, control or transportation of inmates, see §24-1-280, 1 we found 1

Section 24-1-280 provides that:
[a]n employee of the South Carolina Department of Corrections, the South Carolina Department of Juvenile Justice, or the Department of Mental Health whose assigned work location is one of the correctional facilities of the Department of Corrections or the Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate.

REMBERT

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

Director Byars
Page 2
November 6, 2012

no basis for any individuals, including medical personnel, to demand that detention officers relinquish their firearms while engaged in their official duties. T he primary rule of statutory construction is to ascertain and give effect to the intent of the Legislature. Hodges v. Rainey, 341 S.C. 79, 533 S.E.2d 578 (2000); Mid-State Auto Auction of Lexington, Inc. v. Altman, 324 S.C. 65, 4 76 S.E.2d 690 ( 1996). The best evidence of intent is in the statute itself. Unless there is something in the statute requiring a different interpretation, the words used in a statute must be given their plain and ordinary meaning. Id. What the Legislature says in the text of a statute is considered the best evidence of the legislative intent or will. Therefore, the courts are bound to give effect to the expressed intent of the Legislature. Media General Communications, Inc. v. South Carolina Dept. of Revenue, 388 S.C. 138, 694 S.E.2d 525 (2010); Wade v. State, 348 S.C. 255, 559 S.E.2d 843 (2002); see also Jones v. South Carolina State Highway Department, 247 S.C. 132, 146 S.E. 2d 166, 168 ( 1966) ["There is no safer nor better rule of interpretation then when language is clear and unambiguous it must be held to mean what it plainly states"]. By providing for prison guards to carry fireanns, the Legislature recognized the necessity for prison guards to carry firearms during the course of their duties to preserve order within the prisons, to protect themselves and others within the prison walls, and to prevent escapes and protect the surrounding community. In the particular situation you describe, SCDOC wardens are also certified as Class 2 law enforcement officers (jailers).2 Their job includes the planning, organization, direction, coordination, and managing of administrative, security, safety, welfare, and program missions and activities of SCDOC institutions. Accordingly, SCDOC wardens would be entitled to carry firearms about their person while engaged in these official duties, pursuant to § 16-23-20( 11 ). It is clear to us, however, that unlike other

2 23A S.C. Code Ann. Regs. 38-007 provides for the training requirements of Class 2 law enforcement officers as follows:

B. C lass 2 Certifications
I. Candidates for basic certification as local detention facility officers (jailers) shall successfully complete a training program as approved by the Department and will be certified as Class 2-LCO.

2. Candidates for basic certification as correctional officers with the
   Department of Corrections shall successfully complete a training
   program as approved by the Department and will be certified as Class 2SCO.
3. Candidates for basic ce1tification as juvenile correction officers with
   the Department of Juvenile Justice shall successfully complete a training program as approved by the Department and will be certified as Class 2JCO.

Director Byars
Page 3
November 6, 2012

SCDOC employees having regular hours or assigned duties, SCDOC wardens have no fixed hourly work schedule or regular schedules. Instead, they are on call 24 hours a day, seven days a week, and they must respond to any situation at their correctional institutions. Upon information and belief, that in addition to SCDOC-issued firearms, SCDOC wardens are provided with emergency vehicles so they may respond to and coordinate efforts relating to disturbances and/or emergencies which may occur at their correctional institutions, whenever they occur, day or night. It is the opinion of this Office that, since SCDOC wardens are engaged in their "official duties" 24 hours a day, seven days a week, they would be authorized as Class 2 law enforcement officers (jailers) to carry SCDOC-issued firearms at all times. If you have any further questions, please advise. Very truly your~,

4~

N. Mark Rapoport
Senior Assistant Attorney General

REVIEWED AND APPROVED BY:

~.g2,~

'RObertD.COOk

Deputy Attorney General