Handgun Laws in South Carolina – What You Need to Know

As criminal defense attorneys in Mt. Pleasant and Charleston, SC, we know South Carolina handgun laws can be confusing. Violations of gun laws, even innocent ones, can lead to jail time, fines, and the loss of the weapon. Because these laws vary by state, it’s hard to know what’s legal when you travel between states.

In this article, we examine South Carolina handgun laws, including where you can carry a concealed weapon, possessing a weapon at your business, transporting a weapon, selling a gun, finding a gun, and more. We updated this article to reflect the major law change in South Carolina: the South Carolina Constitutional Carry/Second Amendment Preservation Act. For information on South Carolina’s Stand-Your-Ground Laws, click here to read our in-depth article. So, can you carry a handgun in South Carolina without a permit, and where is carrying a gun still illegal?

Quick Answer: Since March 7, 2024, anyone 18 or older who can legally possess a handgun under state and federal law may carry it openly or concealed in South Carolina without a concealed weapons permit (CWP), subject to location-specific restrictions. You still cannot carry in places such as courtrooms while court is in session, polling places on election day, daycares, school property, or other people’s homes without permission. A CWP is still useful for traveling to other states.

Under the Handgun Laws in South Carolina, Do I Need a Permit to Own a Gun?

The answer is no; you don’t need a permit to own a handgun, rifle, or shotgun in South Carolina.

Is South Carolina an “Open Carry” State?

Yes. Since 2021, you can openly carry a handgun in South Carolina if you have a concealed weapons permit (CWP). As of March 7, 2024, a person who is at least 18 and may lawfully possess a handgun under state and federal law may openly carry or concealed carry it in South Carolina without a CWP.

A “concealable weapon” under South Carolina’s CWP law is a firearm with a length of less than twelve inches, measured along its greatest dimension. However, restrictions still apply to where you may carry and whether you may carry at all, as described below. S.C. Code §§ 16-23-30, 23-31-210(5), 23-31-215(A), (O).

The following table shows how the handgun laws in South Carolina changed on March 7, 2024:

Do I Still Need a Concealed Weapons Permit (CWP) in South Carolina?

In South Carolina, a CWP is no longer required for otherwise lawful handgun carry, but it still matters. According to the South Carolina Law Enforcement Division (SLED) and the current handgun laws in South Carolina:

• An otherwise eligible person may store a firearm anywhere inside an occupied or unoccupied vehicle, openly or concealed, subject to special restrictions at places such as schools and the Capitol grounds. S.C. Code §§ 16-23-20(D), 16-23-420(A), 10-11-320(B).
• Lawful open carry alone is not reasonable suspicion or probable cause to search, detain, or arrest someone. An officer may act when there is a particularized and objective basis for suspecting that person of criminal activity. S.C. Code § 23-31-245.
• A CWP holder or a person carrying a firearm without a permit pursuant to this law DOES NOT have a CWP-specific duty to notify a law enforcement officer that they are carrying a firearm.
• A CWP holder is not required by the amended CWP law to carry his/her CWP or disclose his/her status as a CWP holder to a law enforcement officer.

However, you may still need a CWP for reciprocity when you are traveling through other states, so you may want to keep renewing it if interstate travel with your firearm is important to you. A qualifying CWP may also allow a dealer to complete a firearm sale without a transaction-specific federal background check, although other federal purchase requirements still apply.

Under the 2024 law, SLED’s statewide CWP training course is also free, but independent instructors may charge for their own classes. A valid CWP can also matter under the federal school-zone exception and South Carolina’s additional-penalty provision for certain crimes involving concealable weapons. S.C. Code §§ 16-23-495(B), 23-31-215(N), (V); 18 U.S.C. § 922(q)(2)(B)(ii), (t)(3)(A); 27 C.F.R. § 478.102(d)(1).

Where Can’t You Carry a Gun in South Carolina?

Under our handgun laws in South Carolina, you may not carry a handgun, whether concealed or not, in the following places, subject to the stated exceptions:

• Restaurants that serve alcohol for on-premises consumption IF you consume alcohol while carrying. Otherwise-lawful carriers, with or without a CWP, may carry there if they do not drink and the business has not prohibited firearms. S.C. Code § 16-23-465.
• Police stations, Sheriff’s departments, or other law enforcement facilities.
• Jails or detention centers.
• Courthouses, courtrooms, or other publicly owned buildings where court is held, while court is in session.
• Polling places on election days.
• The office of, or a business meeting of, the governing body of a county, city, public school district, or special purpose district.
• School or college athletic events not related to firearms.
• If a church leases elementary or secondary school premises for services or official church activities, any otherwise eligible person—not only a CWP holder or church official—may carry on the leased premises with express permission from the appropriate church official or governing body, but only during the church’s use under the lease, in the covered areas, and not while students are present for a curricular or extracurricular school-sponsored activity. S.C. Code § 23-31-232.
• Daycares or preschools.
• Places where federal law prohibits carrying firearms.
• Churches or religious sanctuaries, unless the appropriate church official or governing body gives express permission.
• Hospitals, medical clinics, doctor’s offices, or other places where medical services or procedures are performed unless expressly authorized by the appropriate entity.
• Businesses or other establishments that post compliant “NO CONCEALABLE WEAPONS ALLOWED” signs or otherwise prohibit carrying on their premises. A violation of the posted-sign prohibition is generally treated under the trespass statute, not the tiered unlawful-carry penalties; additional rules apply to businesses selling alcohol for on-premises consumption. S.C. Code §§ 16-23-20(A)(11), 16-23-465(B), 23-31-220, 23-31-235.
• Homes, apartments, or other dwellings of another person, unless you have the express permission of the owner or person in legal control of, or in possession of, the residence.
• If you bring a gun to a school or college of any kind, don’t carry the gun on you, whether or not you have a CWP, unless specifically authorized by law. Without express permission from the authorities in charge, it must stay in an attended or locked vehicle, in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the vehicle’s luggage compartment. Federal school-zone law may impose additional requirements on permitless carriers. S.C. Code §§ 16-23-420(A), 16-23-430; 18 U.S.C. § 922(q)(2).

The list in S.C. Code § 16-23-20(A) applies to CWP holders and permitless carriers alike. Separate restrictions also cover firearms in publicly owned buildings without permission from the authorities in charge and on or in the Capitol grounds and building. S.C. Code §§ 16-23-420(A), 10-11-320. Federal law also prohibits carrying a firearm past an airport security checkpoint. Our article on what happens if you take a gun through airport security (TSA) in South Carolina explains the penalties and how to travel with a firearm legally.

Can I Carry My Handgun in My Car in South Carolina?

Yes. Under our handgun laws in South Carolina, an otherwise eligible person can store a handgun anywhere in an occupied or unoccupied car without a CWP. This is a major change from the pre-2024 law for people without a CWP, which generally restricted where they could store a gun in a car. Special vehicle-storage restrictions still apply on school property and on or below the Capitol grounds, and federal school-zone law may also apply. S.C. Code §§ 16-23-20(D), 16-23-420(A), 16-23-430(B), 10-11-320(B); 18 U.S.C. § 922(q)(2).

What Are the Penalties for Carrying a Gun Where It Is Prohibited in South Carolina?

The penalties depend on where you carried the gun and whether you have prior offenses. A CWP holder who willfully violates these rules can also lose the permit. The following table summarizes the most common penalties:

The first three rows do not describe posted-sign offenses or the separate school-property offenses. S.C. Code §§ 16-23-20(A)(11), 16-23-50(A)(2), 16-23-420(C), 16-23-430(C). If you are charged with any of these offenses, you should speak with a criminal defense lawyer right away.

Who Can’t Own a Gun in South Carolina?

Under the handgun laws in South Carolina, the following persons may be prohibited from possessing a gun; the restrictions vary by offense, weapon, and applicable state or federal law:

• Persons convicted of a crime punishable by more than one year in prison (other than certain business-regulation offenses and misdemeanors punishable by five years or less) may not possess a firearm or ammunition under S.C. Code § 16-23-500. Persons convicted of a crime of violence also may not possess a handgun under § 16-23-30. Certain domestic violence convictions prohibit possession under § 16-25-30 or 18 U.S.C. § 922(g)(9). Under § 16-23-500, a qualifying pardon, expungement, set-aside, or restoration of civil rights generally removes that conviction from the prohibition unless the relief expressly restricts firearms, but federal law has its own rules and other disqualifications may remain. Please read more on the pardon process here.
• Persons under a domestic order of protection (a/k/a restraining order in family court) may not possess a firearm or ammunition if the order meets the requirements of S.C. Code § 16-25-30(A)(4) or (5), including the required findings and express prohibition, or the separate requirements of 18 U.S.C. § 922(g)(8). Not every order automatically qualifies. If your domestic order of protection has expired, a divorce lawyer may help you understand whether any other restriction remains.
• Persons who are unlawful users of or addicted to controlled substances, unlawfully present in the United States, admitted under a nonimmigrant visa without a statutory exception, dishonorably discharged from the Armed Forces, or fugitives from justice may be prohibited from possessing a firearm or ammunition under federal law. South Carolina also prohibits handgun possession by habitual drunkards, drug addicts, and fugitives from justice. S.C. Code § 16-23-30; 18 U.S.C. § 922(g), (y).
• Persons who aren’t convicted but are under indictment for a crime punishable by more than one year may not receive a firearm shipped or transported in interstate commerce or ship or transport one in interstate commerce; an indictment by itself is not the federal possession ban applicable to a qualifying conviction. 18 U.S.C. § 922(n).
• A qualifying conviction, a condition of supervision, or another applicable prohibition may bar persons on probation or parole from possessing firearms; probation or parole alone does not create a universal ban.
• Persons who have been adjudicated mentally incompetent or committed to a mental institution may be prohibited under state or federal law, depending on the adjudication or commitment. S.C. Code § 16-23-30(A)(1); 18 U.S.C. § 922(g)(4).
• Persons ordered by a court to surrender their firearms must comply with the order; the scope and duration of any possession prohibition depend on the order and applicable law. S.C. Code §§ 16-23-30(A)(4), 16-25-30; 18 U.S.C. § 922(g)(8).

Can I Keep a Handgun at my Business in South Carolina?

Under South Carolina handgun laws, if you are a business owner or the person in control of a business, you may carry a handgun at your business if you may lawfully possess and carry it and the business is not in a prohibited location.

If you are an employee, you may carry if you may lawfully possess and carry the handgun and your employer has not prohibited it; an employer may prohibit carrying on the business premises or while using business-owned machinery, vehicles, or equipment. Permission from the owner does not override a statutory restriction, such as the prohibition on firearms in publicly owned buildings without express permission from the authorities in charge. S.C. Code §§ 16-23-20, 16-23-420(A), 23-31-220(A).

How Do I Keep Concealed Weapons Out of My Business?

Under South Carolina handgun laws, to post the statutory sign, you must post one at each entrance, clearly visible from outside the building. It must be 8 inches wide and 12 inches tall. It must state “NO CONCEALABLE WEAPONS ALLOWED” in black one-inch tall uppercase letters at the bottom of the sign and centered between the lateral edges of the sign.

It must show a black silhouette of a handgun inside a circle seven inches in diameter, with a diagonal line running from the lower left to the upper right at a forty-five-degree angle (think Ghostbusters). It must be placed between 40 and 60 inches from the bottom of the building’s entrance door.

If the premises do not have doors, the sign must be larger (36 inches wide by 48 inches tall, with three-inch letters and a 34-inch circle), placed between 40 and 96 inches above the ground, and posted so that it is visible from every entry point. The statutory prohibition covers open and concealed carry of a concealable weapon. S.C. Code § 23-31-235.

A person who knowingly brings a concealable weapon onto premises or a workplace that properly posts a “NO CONCEALABLE WEAPONS ALLOWED” sign may be charged with trespass, which carries a fine of up to $200 or up to 30 days in jail, and a CWP holder can lose the permit for one year after a second or subsequent conviction under S.C. Code § 23-31-220(B).

At a business that sells alcohol for on-premises consumption, carrying in violation of a compliant posted sign or refusing to leave or remove the weapon when asked can bring up to $2,000 and/or two years in jail under § 16-23-465. S.C. Code §§ 16-11-620, 16-23-20(A)(11), 16-23-465(B), 23-31-220(B).

Can I Bring a Handgun into a Friend’s House in South Carolina?

You may carry a handgun in your home if you may lawfully possess it, but you may carry in another person’s home ONLY IF you have the express permission of the owner or the person in legal control of, or in possession of, the residence. S.C. Code § 16-23-20(A)(10).

Can I Sell My Handgun in South Carolina?

Under the handgun laws in South Carolina, you may not knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to people convicted of violent crimes, fugitives from justice, habitual drunkards, drug addicts, people who have been adjudicated mentally incompetent, members of a subversive organization, people under the age of eighteen (with certain exceptions including on-duty members of the Armed Forces or R.O.T.C. and supervised instructional loans), or people adjudged unfit to carry or possess a firearm by order of a circuit or county court judge.

Those listed persons may not possess or acquire a handgun under S.C. Code § 16-23-30. Federal law separately restricts transfers to prohibited persons, including certain noncitizens, interstate private transfers, and handgun sales by licensed dealers to people under 21. S.C. Code § 16-23-30(A)–(B); 18 U.S.C. § 922(a)(5), (b)(1), (d), (g).

Finally, you cannot knowingly buy, sell, transport, pawn, receive, or possess a stolen handgun or one whose original serial number has been removed or obliterated, and you should probably consult a criminal lawyer about how to dispose of it. S.C. Code § 16-23-30(C).

If you are the seller of a handgun, it is recommended that you retain a lawyer to draft a Bill of Sale so that the transfer is documented. This way, if the gun is later used in a crime, you can document when and to whom it left your possession. A Bill of Sale does not, by itself, establish that a transfer was lawful.

What Should I Do if I Find a Handgun in South Carolina?

Call the police and turn it in. The law-enforcement agency must hold a found handgun for 90 days and make a diligent effort to determine whether the gun is stolen, whether it was used in the commission of a crime, and who its true owner is. It must advertise the handgun, with a full description, at least twice during that period in a newspaper of general circulation in the county where it was found.

If the owner does not reclaim it, you may request its return after 90 days have elapsed from publication of the first advertisement, as long as you pay the advertising and other incidental costs and are not prohibited under state or federal law from possessing or receiving a handgun. S.C. Code § 16-23-55.

What Are Some Other Weapons Offenses in South Carolina?

South Carolina has many weapons laws, and if you have specific questions, you should consult an attorney. However, some offenses are more commonly seen than others.

You generally can’t keep or possess a machine gun, military firearm, sawed-off rifle, or sawed-off shotgun unless a statutory exception applies. On elementary or secondary school property, you generally can’t carry on your person a weapon, which includes a knife with a blade over 2 inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.

The school-property exception applies when the weapon remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle. Federal school-zone restrictions may also apply to firearms. S.C. Code §§ 16-23-230, 16-23-420, 16-23-430; 18 U.S.C. § 922(q).

Also, this is hopefully obvious, but you can’t present or point a firearm at another person, subject to the statute’s self-defense and theatrical-performance qualifications. You can’t knowingly and unlawfully discharge a firearm deliberately or with reckless disregard for life at or into a dwelling or other building, structure, or enclosure regularly occupied by people, subject to the statutory defense-of-person-or-property exception.

The same rule applies to an occupied car, boat, aircraft, or other conveyance. S.C. Code §§ 16-23-410, 16-23-440(A)–(B). If you are charged after using or displaying a gun to protect yourself, our article on assault charges versus self-defense claims in South Carolina explains when the use of force is legally justified.

City and county ordinances may regulate the careless or negligent discharge or brandishing (displaying) of firearms. Check your local laws before handling or discharging firearms.

Download Our Free Book on Gun Laws in South Carolina

Numerous citizens own guns and use them for self-defense, target shooting, hunting, and other lawful purposes. If you’re a gun owner or thinking about purchasing a gun, you should familiarize yourself with the laws on guns so that you don’t get caught accidentally violating a law. Concealed weapons permit classes provide good education on both gun laws and gun safety, so consider taking one.

Stephan Futeral’s and Thomas Nelson’s Book, “Gun Laws in South Carolina – Piecing It All Together,” is available for FREE on Apple Books or as a PDF. Drawing on over 55 years of combined experience, Stephan and Thomas wrote this book in easy-to-understand terms to explain South Carolina laws and your rights when you own, carry, or use a firearm. If you own a weapon such as a handgun or have a Concealed Weapons Permit, this book is a MUST READ.

DOWNLOAD HERE

Contact our Charleston criminal defense lawyers at Futeral & Nelson, LLC today to discuss your case.