SC gun laws underwent a major overhaul in 2024 when the SC legislature passed the “Constitutional Carry Bill,” H. 3594.
This bill made it legal for most people to carry a handgun just about anywhere in our state, openly or concealed, without a permit.
In this article, we will talk about SC gun laws, including:
- What “Constitutional Carry” and the 2024 gun law amendments mean for SC residents,
- Where you can legally carry a handgun in South Carolina,
- When you can get an unlawful carry/unlawful possession conviction expunged, and
- The criminal offenses found in SC gun laws.
2024 SC Gun Laws – What Does Constitutional Carry Mean?
What does “Constitutional Carry” mean? It’s based on the Second Amendment. The Second Amendment says, “[a] well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” In South Carolina, Constitutional Carry means that anyone not otherwise prohibited from possessing a firearm by SC or federal law can carry a gun anywhere in the state except for areas listed in SC gun laws as restricted. You don’t need a concealed weapon permit (CWP) in South Carolina. However, you can still get one if you’d like, but you might question its necessity. CWP classes provide education on how and when to obtain a permit and are a valuable resource for learning about gun safety and laws. Despite the 2024 Open Carry gun law in SC, I still suggest taking the CWP class, even though it’s not required by SC law. You also don’t need any firearms training. But if you decide to take some firearms classes anyway, they should be free under the 2024 amendments to SC gun laws.
SC’s 2024 Gun Law Amendments and Constitutional Carry
The changes to SC gun laws in the 2024 Constitutional Carry Law include:
- New unlawful carry/ possession of firearm offenses can be expunged after three years if you qualify,
- Unlawful carry/possession of firearm offenses under the old law may be expunged if you qualify and you apply before March 7, 2029,
- New guidelines for lost and found firearms,
- Free firearms training courses,
- Greater penalties for unlawful possession of firearm convictions, and
- A legislative statement that a visible firearm is not probable cause for an officer to stop and question a person.
Restricted Areas Where You Cannot Carry a Gun in SC
You can’t carry a gun everywhere in the state. The list of prohibited areas is the same as the list of restricted areas for CWP holders under the old SC gun laws and includes:
- Jails, prisons, and police departments,
- Courthouses or publicly owned buildings,
- Polling places on election days,
- County, municipality, school district, or special purpose district offices or meeting places,
- School athletic events,
- Daycares and preschools,
- Everywhere federal law says you cannot carry a gun,
- Hospitals and doctor’s offices,
- Churches unless you get permission,
- Residences unless you get permission, or
- Any place “clearly marked with a sign prohibiting carrying a concealable weapon on the premises in compliance with Section 23-31-235.”
Where Can You Carry a Gun in Your Car, Truck, or Vehicle in SC?
As of 2024, where you can store a firearm in your vehicle depends on whether you are on school property. Are you on School Property? School property means “any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly owned building.” If you are on school property, the rules are the same as they were under the old SC gun laws for where you must store a gun in your vehicle. You must secure any firearms in a:
- Closed glove compartment,
- Closed console,
- Closed trunk, or
- Closed container in the luggage compartment of the vehicle.
You can put your gun wherever you like in your vehicle when you are not on school property. You also no longer have to tell law enforcement you have a gun if you get pulled over. You should always keep your gun inside your vehicle in a safe place.
2024 Expungements for Unlawful Carry/ Possession of a Firearm Convictions
You can now get an unlawful possession of a firearm conviction under old SC gun laws expunged if you are eligible and apply for the expungement before March 7, 2029. If you are convicted of “a first offense… for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of one thousand dollars, or both” under the new SC gun laws, you can get it expunged three years after the conviction if you are eligible.
2024 SC Gun Laws – Criminal Charges – Firearm Offenses
Why learn about SC gun laws? To begin with, violations could result in criminal charges, prison time, and the loss of your right to own or carry a firearm under South Carolina and federal law. SC’s criminal gun offenses include:
- Unlawful Possession/ Unlawful Carry – the most common gun charges in SC, SC Code § 16-23-30 prohibits possession of a stolen handgun, possession of a handgun (or sale of a handgun to a qualifying person) if you have been convicted of a violent crime, are a fugitive from justice, have been adjudicated incompetent, are a member of a subversive organization, are under 18 years old, or have been judged unfit to possess a firearm by a circuit court.
- Machine Guns and Sawed-Off Shotguns – It is illegal in SC to possess, transport, store, or keep a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle in South Carolina,
- Pointing and Presenting a Firearm – it’s a felony under SC Code § 16-23-410 that carries up to five years in prison to “present or point at another person a loaded or unloaded firearm,”
- Possession of a Firearm on School Property – it’s a felony under SC Code § 16-23-20 that carries up to five years in prison to “display, brandish, or threaten others with a firearm on school property” or “to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property,” and
- Possession of a Firearm During the Commission of a Violent Crime—SC Code § 16-23-490 imposes an additional up to five-year jail/prison sentence if someone is convicted of 1) a violent crime and 2) possessing or displaying a firearm while committing that crime.
Questions About SC Gun Laws?
If you were charged with a crime in the Lowcountry area, including firearms offenses/ gun charges, contact a criminal defense attorney to discuss your options. Contact us through our website using this form or call 843-607-9800 to speak with attorney Susan Williams today.
