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South Carolina Constitutional Carry Laws |
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Both state and federal governments face challenges in addressing crime, including gun violence. One of the most tragic mass shootings in the U.S. occurred in 2015 at the Mother Emanuel AME Church in Charleston, South Carolina. A 21-year-old self-proclaimed white supremacist fatally shot nine church members during a Bible study session, intending to commit a hate crime.
In the aftermath of such tragedies, lawmakers in some states reevaluate their gun laws, seeking consensus on measures to prevent future gun crimes. Balancing public safety with the rights of gun owners presents a complex task.
Despite occasional proposals, changes to federal gun laws have been infrequent. State-level responses vary based on political landscapes, sometimes resulting in compromises on gun safety initiatives rather than comprehensive legislative reforms.
Federal laws regulate the ownership and use of certain dangerous weapons, such as machine guns and accessories like bump stocks that simulate fully automatic firing in semi-automatic rifles. Firearms dealers must be licensed by the federal government, and possession is prohibited for categories including felons and illegal drug users.
South Carolina Gun Laws: States have the authority to enact gun control laws that restrict the purchase, possession, and use of firearms. Generally, South Carolina lawmakers prioritize gun rights over regulations, citing the Second Amendment’s protection of the right to bear arms as a fundamental limitation on legislative restrictions.
Recent U.S. Supreme Court decisions have reinforced the individual right to own guns for lawful purposes, prompting increased challenges to state and federal gun regulations by advocates of Second Amendment rights.
South Carolina does not mandate a permit or license for purchasing or owning firearms, nor does it enforce waiting periods for prospective buyers. However, certain restrictions on gun possession are in place.
Historically, South Carolina required a concealed weapons permit (CWP) for carrying concealed firearms in most situations. Exceptions included carrying firearms on personal property, at workplaces, or during hunting activities.
In 2024, the state legislature is considering legislation to eliminate this requirement, potentially allowing individuals to carry concealed handguns without a permit or background check if passed. Such “permitless carry” laws, also known as constitutional carry laws, operate on the assumption that citizens understand when firearm possession is legally restricted. States that adopt permitless carry laws typically retain their permit systems to facilitate reciprocity with other states.
Residents or property owners in South Carolina can apply for a CWP through the South Carolina Law Enforcement Division (SLED). South Carolina operates as a “shall issue” state, obligating authorities to issue a CWP to applicants meeting objective criteria such as age, firearms training, and absence of disqualifying factors. Even with a CWP, individuals must comply with state laws that designate locations where firearms are prohibited.
Key Provisions of South Carolina Gun Control Laws:
- Relevant Statutes: South Carolina Code of Laws, Title 16, Chapter 23; Title 23, Chapter 31.
- Illegal Firearms: Prohibited firearms under state law include machine guns, sawed-off shotguns, sawed-off rifles, and military firearms. Additional prohibitions cover teflon-coated ammunition and handguns with altered serial numbers.
- Waiting Period: None for firearm purchases.
- Prohibited Ownership: Individuals barred from handgun ownership under state law include those convicted of violent crimes, fugitives, habitual drinkers, drug addicts, and those deemed mentally incompetent.
South Carolina does not mandate firearm licenses for ownership, but a concealed carry permit is required for carrying concealed weapons. Open carry is limited to individuals with a CWP.
Eligibility for Concealed Carry License: Applicants must be South Carolina residents or non-resident property owners aged 21 or older. They must pass a criminal background check, submit fingerprints, and provide proof of firearms training.
Penalties for Illegal Possession: Penalties vary from misdemeanors to felonies, depending on the offense, with potential imprisonment and fines.
South Carolina does not enforce Red Flag Laws or Universal Background Checks but upholds a Stand Your Ground Law, permitting individuals attacked in places they have a lawful right to be to use force, including deadly force, in self-defense without a duty to retreat.
Please note, state laws can change through legislation, court rulings, or ballot initiatives. For current information, consult legal resources or seek advice from a South Carolina attorney.
