Posted by Eugene Volokh:
Now That's a *Nice* Attorney General Opinion for You:
http://volokh.com/archives/archive_2009_05_03-2009_05_09.shtml#1241815715
From the South Carolina Attorney General, to a Texas lawyer (Scott
Toothaker) who solicited the opinion, 1967 WL 12299 (Mar. 30, 1967):
Dear Mr. Toothaker:
I am pleased that you are planning to visit our State, and I am
enclosing under separate cover some information that should be of
interest to you. I would personally suggest that you see Charleston
and the Coastal Area. The gardens located at Charleston will
probably reach their peak within the next two weeks, but they may
still be enjoyable at a later date.
I have previously ruled that a tear gas gun of the fountain pen
type is a firearm within the meaning of our law. Under our amended
firearms act, these weapons may be carried in a closed glove
compartment of a vehicle or in a closed trunk. They may not be
carried concealed about the person. I doubt seriously if any
difficulty is likely to ensue from possession of the pen type tear
gas gun, but the strict application of the law places it, in my
opinion, in the category of a pistol. The matter came before me on
application of a department store to sell these devices, and I
expressed the opinion that dealers were subject to the licensing
provisions of our law if they sold such instruments.
If I can be of any assistance to make your visit to this State
enjoyable, please call upon me.
Cordially,
Daniel R. McLeod
Attorney General
I'm not sure the advice was correct under then-existing South Carolina
law (see, e.g., the seemingly contrary opinions of Apr. 15, 1964 and
Dec. 3, 1969, and the then-in-effect version of S.C. Code � 16-147),
but it certainly was pleasant.
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