Constitutional Carry Summary
Constitutional Carry Summary
Constitutional Carry Summary
2. FELON IN POSSESSION -- Under 16-23-500, it is unlawful for a person who has been
convicted of which carries more than 1 year in prison to possess a firearm or ammo
a. Removes statutory requirement of a statutory violent crime conviction
b. “Crime which carries more than one year” has a specific definition
i. Does not include a conviction from this or any other state that relates to
regulation of business practices
ii. Does not include a conviction from this or any other state which is
classified as a misdemeanor, AND which carries 5 years or less
1. For example, A&B 2nd carries 3 years, but it is classified as a
misdemeanor, so it would not count under this statute
c. Graduated punishment ( all are felonies )
i. 1st – 0 – 5 years
ii. 2nd – 5 – 20 years
iii. 3rd – 10 – 30 years
3. Business and property owners and proprietors can still restrict people from coming into
their property with firearms
a. Does not apply to regular salaried LEO’s and Constables
4. If a business has a “No concealed weapons” sign that complies with the statute relating to
signage, and a person violates that owner’s wishes by carrying on their property, for a 1 st
offense, that person can only be charged under 16-11-620
a. 16-11-620 is a trespassing statute that is a misdemeanor punishable by 30 days
and/or up to $200.00
b. They must have bene warned, or refused to leave after having been warned
6. Notwithstanding any other provision of law, certain people can carry anywhere
a. Active judges on all levels
b. Active solicitors or public defenders
c. Active worker’s comp. commissioners
d. Active clerks of court