South carolina gun laws

South carolina gun laws DEFAULT

Handgun Carry Laws in South Carolina and Concealed Weapons

As a criminal defense attorney in Mt Pleasant and Charleston, SC, we know that gun 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 from state to state, when you travel between states, it is hard to know what is legal.

Recently, we represented a client who was traveling from another state to South Carolina who was stopped for a traffic violation. Although he had a concealed weapons permit (CWP) from another state, law enforcement confiscated his handgun because it was loaded and in a side pocket of his automobile. We don&#;t want this to happen to you, so we wrote this article on the laws on handguns in South Carolina to hopefully assist South Carolina residents or people passing through this state in determining what they can and can’t do when carrying their firearms.

This article is written for common citizens who have not been granted special privileges, but it also covers laws for concealed weapons permit (CWP) holders. In this article, we examine many issues such as where you can carry a concealed weapon, possessing a weapon at your business, transporting a weapon, selling a gun, finding a gun, and much more.

Do I Need a Permit to Own a Weapon in South Carolina?

Although this article examines concealed weapons permits, we&#;ve been asked whether a person needs a permit to OWN a handgun, a rifle, or a shotgun in South Carolina. The answer is no; no permit is required for ownership.

Is South Carolina an &#;Open Carry&#; State?

Yes. In South Carolina, holders of a Concealed Weapons Permit can carry a handgun openly. However, local governments can restrict openly carrying a handgun on public property during certain events

Where Can&#;t a Concealed Weapon Holder Carry a Gun in South Carolina?

A CWP holder may not carry a gun in the following places:

  • Restaurants that serve alcohol for on-premises consumption UNLESS you don&#;t consume any alcohol.
  • Police stations, Sheriff’s departments, or other law enforcement facilities.
  • Jails or detention centers.
  • Courthouses/courtrooms.
  • Polling places on election days.
  • Offices or meeting places of governmental entities such as counties, cities, and school districts.
  • School or college athletic events not related to firearms. Regarding schools, church officials who hold a CWP to carry a handgun openly or concealed on school grounds when the property is leased by the church and only during services or other official church activities.
  • Daycares or preschools.
  • Places where the carrying of firearms is prohibited by federal law.
  • Churches or religious sanctuaries unless permission is given by the head of the facility.
  • Hospitals, medical clinics, doctor’s offices, or other places where medical services are rendered unless permission is given by the head of the facility.
  • Businesses or other establishments that post “No Concealed Weapons Allowed” signs or that otherwise express that they do not want concealed weapons on their premises.
  • Homes, apartments, or other dwellings unless you have the express permission of the person living at the residence.
  • If you bring the gun to a school or college of any kind, don’t carry the gun on you. It must be 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.

Any person may carry a concealable weapon from their automobile to a hotel room that person has rented.

If I DO Have a Concealed Weapons Permit, Where Can I Carry a Handgun in My Vehicle?

CWP holders can carry a weapon openly in their vehicle.

If I DON&#;T Have a CWP, Where Can I Carry a Handgun in My Vehicle?

You may carry a handgun in a vehicle 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. The exception is that you can’t bring a gun to a school or college of any kind.

It is a little unclear what the South Carolina legislature meant when they used the term “integral fastener,” so to be safe, we suggest that any container used to transport a handgun be something that is lockable and that snaps or latches closed. A shoebox wouldn&#;t qualify.

The term “luggage compartment” is tricky as well, but the law provides definitions. It means the trunk if the car has a trunk. If the car doesn’t have a trunk, it means “the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried.” In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term “luggage compartment&#; refers to the area behind, but not under, the rearmost seat. In a truck, the term luggage compartment refers to the area behind the rearmost seat, but not under the front seat.

If you’re riding a motorcycle, you must secure the handgun in a closed saddlebag or other similar closed accessory containers.

Under no circumstance can you carry the gun under the seat, in your pocket, or anywhere not specifically mentioned above.

Does South Carolina Have Reciprocity with Other States Regarding CWP holders?

Reciprocity refers to an agreement between two states to recognize each other’s laws. South Carolina has reciprocity with certain states regarding concealed weapons permits. This means that if you hold a CWP in South Carolina, various other states will recognize it, but you still have to comply with that state’s laws when carrying it. The South Carolina Law Enforcement Division (SLED) has a map on its website that shows the reciprocity between states.

How Do I Keep Concealed Weapons Out of My Business?

You must post a sign that is clearly visible from the outside of the building. It must be at least 8 inches wide and at least 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 that runs 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 place does not have doors, then check with a lawyer to make sure the size and other requirements are met.

A person who brings a concealable weapon onto the premises or workplace that properly posts a &#;NO CONCEALABLE WEAPONS ALLOWED&#; sign may be charged with a violation of Section (criminal trespass) for a first offense resulting in a $ fine or 30 days in jail. Additionally, a second or a third offense may result in having the person&#;s permit revoked for a period of one year.

When Am I Prohibited from Owning a Gun in South Carolina?

  • If you&#;ve been convicted of a felony, a violent crime, a crime of criminal domestic violence, or are under a domestic order of protection (a/k/a restraining order in family court), then you may not possess a firearm or ammunition at any time.
  • If you&#;re a drug addict or user, an illegal alien, an alien under a non-immigrant visa, a dishonorably discharged veteran, or a fugitive from justice, then you may not possess a firearm or ammunition at any time.
  • If you aren&#;t a felon but are awaiting trial on felony charges, you may not receive a firearm.
  • If your domestic order of protection has expired, you might be able to get your gun rights back. If you were convicted of CDV but had it expunged, you might be able to get your gun rights back.
  • If you are on probation or parole.
  • If a court has declared you mentally incompetent by a court of law.
  • If a court has ordered you to surrender your firearms.

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

If you are a business owner or the person in control of a business, you may carry a handgun at your business. If you are an employee, you may do so ONLY IF you have a concealed weapons permit AND you have the permission of the owner.

What if I Am Hunting in South Carolina?

Licensed hunters or fishermen who’re engaged in hunting or fishing or going to or from their places of hunting or fishing, while in a vehicle or on foot, may carry a handgun.

May I Bring a Handgun into a Friend’s House?

You may carry a handgun in your home or another person’s home ONLY IF you have the permission of the owner or the person in legal possession of the property.

How Do I Get a Handgun From One Place to Another?

The handgun must be unloaded and in a secure wrapper and you must go directly from the building to your car or from your car to the building.

Can I Sell My Handgun in South Carolina?

You may not 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, or people who have been adjudicated incompetent, a person who is a member of a subversive organization, people under the age of eighteen (with certain exceptions including members of the Armed Forces or R.O.T.C.), people who by order of a circuit judge or county court judge has been adjudged unfit to carry or possess a firearm, and illegal aliens. Likewise, it is illegal for the above-described people to carry or possess a handgun.

Finally, if the original serial number has been removed or obliterated, you cannot buy, sell, own, or carry the handgun, and you should probably contact a criminal lawyer to decide how to dispose of it.

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 show that the gun legally left your possession and went to someone else.

What Should I Do if I Find a Handgun?

Call the police and turn it over to them. They will then try to determine whether the gun is stolen or if it was used in the commission of a crime, and they may be able to locate the rightful owner. They are required to publish the existence of the gun in the newspaper. If the gun is cleared and the owner does not turn up, then you may be able to keep the gun after 90 days go by if you pass an application check and pay the advertising costs, such as the cost of running the ad in the newspaper.

What Are Some Other Weapons Offenses in South Carolina?

There are many weapons laws in South Carolina, and if you have any specific questions, you should consult with an attorney. However, some offenses are more commonly seen than others. You can’t own or handle an automatic weapon, sawed-off rifle, or sawed-off shotgun. You can&#;t bring to a school any weapon, which includes a knife with over a 2-inch blade, 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 exception is that a concealed weapons permit holder may carry the weapon 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.

Also, this is hopefully obvious, but you can’t point a firearm at another person. You can’t discharge a firearm at or into a building or any structure that can be occupied by people. You can’t discharge a weapon at a car, boat, or aircraft.

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.

Parting Thoughts on Handgun 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 to provide good education on both gun laws and gun safety, so consider taking one. Accidental discharges are all too common and can result in death, terrible injury, and criminal prosecution. The number one and two rules when handling guns are (1) always pretend they are loaded, even if you are sure in your mind they aren’t, and (2) never point the gun at someone even if you believe it isn’t loaded.

Download Our Free Book on Gun Laws in South Carolina

Stephan Futeral’s and Thomas Nelson’s Book, “Gun Laws in South Carolina – Piecing It All Together,” is available for FREE on the iTunes® Bookstore or as a PDF. Based on over 30 years of their combined experience, Stephan and Thomas wrote this book in easy-to-understand terms to explain the laws and your rights in South Carolina when you own, carry, or use a firearm. If you own a weapon such as a handgun or if you have a Concealed Weapons Permit, then this book is a MUST READ.

DOWNLOAD HERE

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Title 23 - Law Enforcement and Public Safety


CHAPTER 31


Firearms


ARTICLE 1


Purchase of Rifles and Shotguns


SECTION Purchase of rifle or shotgun in another state.

A resident of this State including a corporation or other business entity maintaining a place of business in this State, who may lawfully purchase and receive delivery of a rifle or shotgun in this State, may purchase a rifle or shotgun in another state and transport or receive it in this State; provided, that the sale meets the lawful requirements of each state, meets all lawful requirements of any federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector.

HISTORY: Code Section ; (57) ; Act No. , Section 1, eff June 29,

Effect of Amendment

The amendment substituted "another" for "a contiguous" and made other, nonsubstantive, changes.

SECTION Purchase of rifle or shotgun in this State by resident of any state.

A resident of any state may purchase rifles and shotguns in this State if the resident conforms to applicable provisions of statutes and regulations of this State, the United States, and of the state in which the person resides.

HISTORY: Code Section ; (57) ; Act No. , Section 1.

ARTICLE 3


Regulation of Pistols [Repealed]


SECTIONS to Repealed by Act No. , Section 2, eff June 29,

Editor's Note

Former Section was entitled "Definitions" and was derived from Code Section ; (54) ; (59) ; Act No. , Sections

Former Section was entitled "Retail dealers shall be licensed" and was derived from Code Section ; (54)

Former Section was entitled "Purchase of pistol; residency requirement; driver's license as proof; exceptions" and was derived from (59) ; Act No. , Section 3; Act No. , Sections 1, 2; Act No. , Section ; Act No. , Section 49; Act No. , Section 1; Act No. , Section 1.

Former Section was entitled "Issuance, duration, conditions and forfeiture of retail dealer's license" and was derived from Code Section ; (54) ; (59) ; Act No. , Sections 5, 6; Act No. , Section 1; Act No. , Section 2.

Former Section was entitled "Giving false information or evidence" and was derived from Code Section ; (54) ; Act No. , Section 7.

Former Section was entitled "Mortgage, deposit or pledge of pistol" and was derived from Code Section ; (54)

Former Section was entitled "Certain pistols declared to be contraband; forfeiture, seizure, and destruction; disposal restrictions; use for display" and was derived from Code Section ; (58) ; (59) ; Act No. , Section 8; Act No. , Section 2; Act No. , Section 1; Act No. , Section 3.

Former Section was entitled "Penalties; disposition of fines; forfeiture and disposition of pistols" and was derived from Code Section ; (54) ; (59) ; Act No. , Section ; Act No. , Section 5.

Former Section was entitled "Construction" and was derived from Code Section ; (58)

ARTICLE 4


Concealed Weapon Permits


SECTION Name.

This article may be cited as the "Law Abiding Citizens Self-Defense Act of ".

HISTORY: Act No. , Section 1.

SECTION Definitions.

As used in this article:

(1) "Resident" means an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders.

(2) "Qualified nonresident" means an individual who owns real property in South Carolina, but who resides in another state.

(3) "Picture identification" means:

(a) a valid driver's license or photographic identification card issued by the state in which the applicant resides; or

(b) an official photographic identification card issued by the Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State.

(4) "Proof of training" means an original document or certified copy of the document supplied by an applicant that certifies that he is either:

(a) a person who, within three years before filing an application, successfully has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety. This education course must include, but is not limited to:

(i) information on the statutory and case law of this State relating to handguns and to the use of deadly force;

(ii) information on handgun use and safety;

(iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduces the possibility of accidental injury to a child;

(iv) the actual firing of the handgun in the presence of the instructor, provided that a minimum of twenty-five rounds must be fired;

(v) properly securing a firearm in a holster;

(vi) "cocked and locked" carrying of a firearm;

(vii) how to respond to a person who attempts to take your firearm from your holster; and

(viii) deescalation techniques and strategies.

(b) a person who demonstrates any of the following must comply with the provisions of subitem (a)(i) only:

(i) a person who demonstrates the completion of basic military training provided by any branch of the United States military who produces proof of his military service through the submission of a DD form;

(ii) a retired law enforcement officer who produces proof that he is a graduate of the Criminal Justice Academy or that he was a law enforcement officer prior to the requirement for graduation from the Criminal Justice Academy; or

(iii) a retired state or federal law enforcement officer who produces proof of graduation from a federal or state academy that includes firearms training as a graduation requirement;

(c) an instructor certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns;

(d) a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns;

(e) an active duty police handgun instructor;

(f) a person who has a SLED-certified or approved competitive handgun shooting classification; or

(g) a member of the active or reserve military, or a member of the National Guard.

SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item. For purposes of subitems (a) and (c), "proof of training" is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item.

(5) "Concealable weapon" means a firearm having a length of less than twelve inches measured along its greatest dimension that may be carried openly on one's person or in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property.

(6) "Proof of ownership of real property" means a certified current document from the county assessor of the county in which the property is located verifying ownership of the real property. SLED must determine the appropriate document that fulfills this requirement.

HISTORY: Act No. , Section 1; Act No. , Section 3; Act No. , Section 1, eff June 9, ; Act No. (S), Section 2.A, eff February 11, ; Act No. 66 (H), Sections 2, 6, eff August 15,

Editor's Note

Act No. 66, Section 1, provides as follows:

"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."

Effect of Amendment

The amendment added item (2) defining "Qualified nonresident", redesignated items (2) to (5) as items (3) to (6), and added item (7) defining "Proof of ownership of real property".

Act No. , Section 2.A, in subsection (3)(a), substituted "license or photographic identification card" for "license, or if the applicant is a qualified nonresident, a valid driver's license"; deleted former subsection (4), definition for "proof of residence"; redesignated the remaining subsections accordingly; in subsection (4), definition of "proof of training", in paragraph (a), substituted "successfully has" for "has successfully", and deleted "be a minimum of eight hours and must" before "education course must", added paragraph (b), and deleted "who has had handgun training in the previous three years" from the end of paragraph (g).

Act No. 66, Section 2, in (5), substituted "may be carried openly on one's person or" for "must be carried", and made a nonsubstantive change.

Act No. 66, Section 6, in (4)(a), in (iii), deleted "and" at the end, in (iv), inserted ", provided that a minimum of twenty-five rounds must be fired" following "instructor", and added (v) to (viii).

SECTION Issuance of permits.

(A) Notwithstanding any other provision of law, except subject to subsection (B), SLED must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon to a resident or qualified nonresident who is at least twenty-one years of age and who is not prohibited by state law from possessing the weapon upon submission of:

(1) a completed application signed by the person;

(2) a photocopy of a driver's license or photographic identification card;

(3) proof of residence or if the person is a qualified nonresident, proof of ownership of real property in this State;

(4) proof of actual or corrected vision rated at 20/40 within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license;

(5) proof of training; and

(6) a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant's fingerprints may not be taken. If all other qualifications are met, the Chief of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.

(B) Upon submission of the items required by subsection (A), SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED also must conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides or if the applicant is a qualified nonresident, where the applicant owns real property in this State. The sheriff within ten working days after notification by SLED, may submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. If the fingerprint review and background check are favorable, SLED must issue the permit.

(C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section (4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section (4). SLED may not charge a fee of any kind for a concealable weapon permit. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial.

(D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Court pursuant to Article 5, Chapter 23, Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision.

(E) SLED must make permit application forms available to the public. A permit application form shall require an applicant to supply:

(1) name, including maiden name if applicable;

(2) date and place of birth;

(3) sex;

(4) race;

(5) height;

(6) weight;

(7) eye and hair color;

(8) current residence address; and

(9) all residence addresses for the three years preceding the application date.

(F) The permit application form shall require the applicant to certify that:

(1) he is not a person prohibited under state law from possessing a weapon;

(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon; and

(3) all information contained in his application is true and correct to the best of his knowledge.

(G) Medical personnel, law enforcement agencies, organizations offering handgun education courses pursuant to Section (4), and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit; provided, however, a weapons instructor must meet the requirements established in Section (4) in order to be exempt from liability under this subsection.

(H) A permit application must be submitted in person, by mail, or online to SLED headquarters which shall verify the legibility and accuracy of the required documents. If an applicant submits his application online, SLED may continue to make all contact with that applicant through online communications.

(I) SLED must maintain a list of all permit holders and the current status of each permit. SLED may release the list of permit holders or verify an individual's permit status only if the request is made by a law enforcement agency to aid in an official investigation, or if the list is required to be released pursuant to a subpoena or court order. SLED may charge a fee not to exceed its costs in releasing the information under this subsection. Except as otherwise provided in this subsection, a person in possession of a list of permit holders obtained from SLED must destroy the list.

(J) A permit is valid statewide unless revoked because the person has:

(1) become a person prohibited under state law from possessing a weapon;

(2) moved his permanent residence to another state and no longer owns real property in this State;

(3) voluntarily surrendered the permit; or

(4) been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge.

Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED. A person who fails to surrender his permit in accordance with this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.

(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer:

(1) identifies himself as a law enforcement officer; and

(2) requests identification or a driver's license from a permit holder.

A permit holder immediately must report the loss or theft of a permit identification card to SLED headquarters. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.

(L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five-dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder, at which time the original permit must be returned to SLED.

(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into a:

(1) law enforcement, correctional, or detention facility;

(2) courthouse or courtroom;

(3) polling place on election days;

(4) office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

(5) school or college athletic event not related to firearms;

(6) daycare facility or preschool facility;

(7) place where the carrying of firearms is prohibited by federal law;

(8) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;

(9) hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer; or

(10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises pursuant to Sections and Except that a property owner or an agent acting on his behalf, by express written consent, may allow individuals of his choosing to enter onto property regardless of any posted sign to the contrary. A person who violates a provision of this item, whether the violation is wilful or not, only may be charged with a violation of Section and must not be charged with or penalized for a violation of this subsection.

Except as provided for in item (10), a person who wilfully violates a provision of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

Nothing contained in this subsection may be construed to alter or affect the provisions of Sections , , , , , , , and

(N)(1) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity.

(2) Notwithstanding the reciprocity requirements of item (1), South Carolina shall automatically recognize concealed weapon permits issued by Georgia and North Carolina.

(3) The reciprocity provisions of this section shall not be construed to authorize the holder of any out-of-state permit or license to carry, in this State, any firearm or weapon other than a handgun.

(O) A permit issued pursuant to this article is not required for a person:

(1) specified in Section , items (1) through (5) and items (7) through (11);

(2) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as "pepper gas"; or

(3) carrying a concealable weapon in a manner not prohibited by law.

(P) Upon renewal, a permit issued pursuant to this article is valid for five years. Subject to subsection (Q), SLED shall renew a currently valid permit upon:

(1) payment of a fifty-dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;

(2) completion of the renewal application; and

(3) picture identification or facsimile copy thereof.

(Q) Upon submission of the items required by subsection (P), SLED must conduct or facilitate a state and federal background check of the applicant. If the background check is favorable, SLED must renew the permit.

(R) No provision contained within this article shall expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately before the effective date of this article, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. Absence of a sign prohibiting concealable weapons shall not constitute negligence or establish a lack of duty of care.

(S) At least thirty days before a permit issued pursuant to this article expires, SLED shall notify the permit holder by mail or online if permitted by subsection (H) at the permit holder's address of record that the permit is set to expire along with notification of the permit holder's opportunity to renew the permit pursuant to the provisions of subsections (P) and (Q).

(T) During the first quarter of each calendar year, SLED must publish a report of the following information regarding the previous calendar year:

(1) the number of permits;

(2) the number of permits that were issued;

(3) the number of permit applications that were denied;

(4) the number of permits that were renewed;

(5) the number of permit renewals that were denied;

(6) the number of permits that were suspended or revoked; and

(7) the name, address, and county of a person whose permit was revoked, including the reason for the revocation pursuant to subsection (J)(1).

The report must include a breakdown of such information by county.

(U) A concealable weapon permit holder whose permit has been expired for no more than one year may not be charged with a violation of Section but must be fined not more than one hundred dollars.

HISTORY: Act No. , Section 1; Act No. 39, Section 2; Act No. , Section 4; Act No. , Section 1; Act No. , Section 2, eff June 9, ; Act No. , Sections 1, 2, eff April 16, ; Act No. , Section 1, eff June 16, ; Act No. (S), Section 2.B, eff February 11, ; Act No. (H), Section 1, eff June 3, ; Act No. 66 (H), Sections A, B, eff August 15,

Editor's Note

Act No. 66, Section 1, provides as follows:

"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."

Effect of Amendment

The amendment added the references to qualified non-residents in subsection (A) in the introduction and in subparagraph (3), subsection (B), subparagraph (E)(8), subparagraph (F)(3), subparagraph (P)(3), and subsection (S).

The first amendment rewrote subsection (I) to restrict the circumstances upon which SLED can release its list of permit holders; and added subsection (T).

The second amendment rewrote subsection (N) to require that the reciprocal state require firearm training and a criminal background check.

Act No. , Section 2.B, amended subsections (A), (B), (C), (D), (E), (F), (G), (H), (K), (M), (O), (P), (Q), (S), (T), and added subsection (U).

Act No. , Section 1, in (N), inserted paragraph designator (1), and added (2) and (3), relating to recognizing concealed weapon permits issued by Georgia and North Carolina under certain circumstances.

Act No. 66, Section A, in (A), made a nonsubstantive change in (5); deleted former (6), which related to payment of a fifty-dollar application fee; and redesignated former (7) as (6).

Act No. 66, Section B, in (C), deleted the third and fourth sentences, which related to a fifty dollar fee for a handgun training course, and inserted new third sentence, providing that SLED may not charge a fee of any kind for a concealable weapon permit.

SECTION Collection and retention of fees.

The State Law Enforcement Division shall collect, retain, expend, and carry forward all fees associated with the concealable weapon application, renewal, and replacement of the permit, as provided pursuant to this article.

HISTORY: Act No. 39, Section 1; Act No. , Part II, Section 18; Act No. , Section 2, Pt 19C, eff July 1,

Effect of Amendment

The amendment added "expend," and substituted "pursuant to" for "for in".

SECTION Effect on Section

Nothing in this article shall affect the provisions of Section

HISTORY: Act No. , Section 7.

SECTION Right to allow or permit concealed weapons upon premises; signs.

(A) Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:

(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon, whether concealed or openly carried, upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;

(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon, whether concealed or openly carried, upon his premises.

(B) The posting by the employer, owner, or person in legal possession or control of a sign stating "NO CONCEALABLE WEAPONS ALLOWED" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons, whether concealed or openly carried, not be brought upon the premises or into the work place. A person who brings a concealable weapon, whether concealed or openly carried, onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section In addition to the penalties provided in Section , a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section , item (1).

(C) In addition to the provisions of subsection (B), a public or private employer or the owner of a business may post a sign regarding the prohibition or allowance on those premises of concealable weapons, whether concealed or openly carried, which may be unique to that business.

HISTORY: Act No. , Section 8; Act No. 66 (H), Section 4, eff August 15,

Editor's Note

Act No. 66, Section 1, provides as follows:

"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."

Effect of Amendment

Act No. 66, Section 4, inserted the (A) and (B) designators; in (A), in (1), inserted ", whether concealed or openly carried," following "concealable weapon", and in (2), inserted ", whether concealed or openly carried," following "concealable weapon"; in (B), in the first sentence, inserted ", whether concealed or openly carried," following "concealable weapons", and in the second sentence, inserted ", whether concealed or openly carried," following "concealable weapon"; and added (C).

SECTION Carrying concealed weapons into residences or dwellings.

No person who holds a permit issued pursuant to Article 4, Chapter 31, Title 23 may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years.

HISTORY: Act No. , Section

SECTION Carrying concealed weapons between automobile and accommodation.

Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.

HISTORY: Act No. , Section

SECTION Carrying concealable weapons on premises of certain schools leased by churches.

(A) Notwithstanding any other provision of law, upon express permission given by the appropriate church official or governing body, a person who holds a valid permit issued pursuant to this article may carry a concealable weapon, whether concealed or openly carried, on the leased premises of an elementary or secondary school if a church leases the school premises or areas within the school for church services or official church activities.

(1) The provisions contained in this section apply:

(a) only during those times that the church has the use and enjoyment of the school property pursuant to its lease with the school; and

(b) only to the areas of the school within the lease agreement, any related parking areas, or any reasonable ingress or egress between these areas.

(2) A school district may request that a church utilizing school property for its services disclose and notify the school district if persons are, or may be, carrying concealed weapons on the school property.

(3) The provisions of this section do not apply during any time students are present as a result of a curricular or extracurricular school-sponsored activity that is taking place on the school property.

(B) For the purposes of the Federal Gun-Free School Zone Act (18 U.S.C. Section (a)), the buildings and grounds of a school that are leased to a church are not considered a school during the hours that the church has the use and enjoyment of the school property pursuant to this section.

HISTORY: Act No. 66 (H), Section 7, eff August 15,

Editor's Note

Act No. 66, Section 1, provides as follows:

"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."

SECTION Sign requirements.

(A) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon, whether concealed or openly carried, upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.

(B) All signs must be posted at each entrance into a building where a concealable weapon permit holder is prohibited from carrying a concealable weapon, whether concealed or openly carried, and must be:

(1) clearly visible from outside the building;

(2) eight inches wide by twelve inches tall in size;

(3) contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black one-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

(4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty-five degree angle from the horizontal;

(5) a diameter of a circle; and

(6) placed not less than forty inches and not more than sixty inches from the bottom of the building's entrance door.

(C) If the premises where concealable weapons are prohibited does not have doors, then the signs contained in subsection (A) must be:

(1) thirty-six inches wide by forty-eight inches tall in size;

(2) contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black three-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;

(3) contain a black silhouette of a handgun inside a circle thirty-four inches in diameter with a diagonal line that is two inches wide and runs from the lower left to the upper right at a forty-five degree angle from the horizontal and must be a diameter of a circle whose circumference is two-inches wide;

(4) placed not less than forty inches and not more than ninety-six inches above the ground;

(5) posted in sufficient quantities to be clearly visible from any point of entry onto the premises.

(D) Nothing in this section prevents a public or private employer or owner of a business from posting a sign regarding the prohibition or allowance on those premises of concealable weapons, whether concealed or openly carried, which may be unique to that business.

HISTORY: Act No. , Section 13; Act No. , Section 5; Act No. 66 (H), Section 5, eff August 15,

Editor's Note

Act No. 66, Section 1, provides as follows:

"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."

Effect of Amendment

Act No. 66, Section 5, in (A) and (B), inserted ", whether concealed or openly carried," following "concealable weapon"; made a nonsubstantive change in (C); and added (D).

SECTION Persons allowed to carry concealable weapons within the State.

Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State:

(1) active Supreme Court justices;

(2) active judges of the court of appeals;

(3) active circuit court judges;

(4) active family court judges;

(5) active masters-in-equity;

(6) active probate court judges;

(7) active magistrates;

(8) active municipal court judges;

(9) active federal judges;

(10) active administrative law judges;

(11) active solicitors and assistant solicitors;

(12) active workers' compensation commissioners; and

(13) the Attorney General and assistant attorneys general.

HISTORY: Act No. , Section 5; Act No. 66 (H), Section 11, eff August 15,

Editor's Note

Act No. 66, Section 1, provides as follows:

"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."

Effect of Amendment

Act No. 66, Section 11, in the first undesignated paragraph, deleted ", when carrying out the duties of their office" from the end, made nonsubstantive changes in (11) and (12), and added (13).

SECTION State cannot be compelled by federal government to take any action that limits carrying concealable weapons; evaluation of federal laws by Attorney General.

(A) The State of South Carolina, and its political subdivisions, cannot be compelled by the federal government to take any legislative or executive action to implement or enforce a federal law, treaty, executive order, rule, or regulation related to an individual's right to keep and bear arms enshrined in the Second Amendment to the United States Constitution that limits or proscribes carrying concealable weapons, whether concealed or openly carried, as provided in this chapter.

(B) Any federal law, treaty, executive order, rule, or regulation related to limiting or proscribing the carry of concealable weapons must be evaluated by the Attorney General. The Attorney General shall issue a written opinion of whether the law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A).

(C) If the Attorney General renders an opinion that a federal law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A), then:

(1) no public funds of this State, or any political subdivision of this State, shall be allocated for the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation;

(2) no personnel or property of this State, or any political subdivision of this State, shall be allocated to the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation; and

(3) no official, agent, or employee of the State of South Carolina, or any political subdivision of it, shall implement, attempt to implement, enforce, or attempt to enforce that federal law, treaty, executive order, rule, or regulation.

HISTORY: Act No. 66 (H), Section 9.A, eff May 17,

Editor's Note

Act No. 66, Section 1, provides as follows:

"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."

ARTICLE 5


Use and Possession of Machine Guns, Sawed-off Shotguns and Rifles


SECTION Definitions.

When used in this article:

(a) "Machine gun" applies to and includes any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination or parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.

(b) "Sawed-off shotgun" means a shotgun having a barrel or barrels of less than eighteen inches in length or a weapon made from a shotgun which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than eighteen inches in length.

(c) "Shotgun" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each pull of the trigger. The term includes any such weapon which may be readily restored to fire a fixed shotgun shell but does not include an antique firearm as defined in this section.

(d) "Sawed-off rifle" means a rifle having a barrel or barrels of less than sixteen inches in length or a weapon made from a rifle which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than sixteen inches in length.

(e) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger. The term includes any such weapon which may be readily restored to fire a fixed cartridge but does not include an antique firearm as described in this section.

(f) "Antique firearm" means any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year ) and also any firearm using fixed ammunition manufactured in or before , for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

(g) "Military firearm" means any military weapon, firearm, or destructive device, other than a machine gun, that is manufactured for military use by a firm licensed by the federal government pursuant to a contract with the federal government and does not include a pistol, rifle, or shotgun which fires only one shot for each pull of the trigger.

HISTORY: Code Section ; Code Section ; Code Section ; (38) ; (59) ; Act No. , Section 2; Act No. 71, Section 2.

SECTION Exceptions to application of article.

The provisions of this article shall not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of such organizations. Any peace officer of the State or of any county or other political subdivision thereof, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of any state prison, penitentiary, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or person on duty in the postal service of the United States or any common carrier while transporting direct to any police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun or sawed-off rifle, may possess machine guns, or sawed-off shotguns or sawed-off rifles, when required in the performance of their duties. Nor shall the provisions hereof be construed to apply to machine guns, or sawed-off shotguns or sawed-off rifles, kept for display as relics and which are rendered harmless and not usable.

The provisions of this article shall not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section et seq., nor to any common or contract carrier transporting or shipping any machine guns or military firearms to or from such manufacturer if the transportation or shipment is not prohibited by federal law. Any such manufacturer shall furnish to the South Carolina Law Enforcement Division the serial numbers of all machine guns or military firearms manufactured by it within thirty days of such manufacture and shall be subject to the penalties provided in Section for noncompliance.

HISTORY: Code Section ; Code Section ; Code Section ; (38) ; (59) ; Act No. , Section 4; Act No. , Section 2.

SECTION Application and registration of person allowed to possess machine gun or sawed-off shotgun or rifle.

(A) Every person permitted by Section to possess a machine gun or sawed-off shotgun or sawed-off rifle, and any person elected or appointed to any office or position which entitles the person to possess a machine gun or sawed-off shotgun or sawed-off rifle, upon taking office, shall file with the State Law Enforcement Division on a blank to be supplied by the division on request an application which is properly sworn. The application must be approved by the sheriff of the county in which the applicant resides or has his principal place of business and include the applicant's name, residence and business address, physical description, whether or not ever charged or convicted of any crime, municipal, state, or otherwise, and where, if charged, and when it was disposed of. The applicant shall also give a description including the serial number and make of the machine gun or sawed-off shotgun or sawed-off rifle which he possesses or desires to possess. The State Law Enforcement Division shall file the application in its office. The division shall register the applicant together with the information required in the application in a book or index to be kept for that purpose, assign to him a number, and issue to him a card which shall bear the signature of the applicant and which he shall keep with him while he has the machine gun or sawed-off shotgun or sawed-off rifle in his possession. This registration must be made on the date application is received and filed with the division. The registration expires on December thirty-first of the year in which the license is issued.

(B) No permit or registration required by the provisions of this section is required where weapons are possessed by a governmental entity which has a significant public safety responsibility for the protection of life or property.

HISTORY: Code Section ; Code Section ; Code Section ; (38) ; (59) ; Act No. , Section 2; Act No. , Section 2.

SECTION Penalties.

A person who violates the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

HISTORY: Code Section ; Code Section ; Code Section ; (38) ; (51) ; (59) ; Act No. , Section 2; Act No. , Section

SECTION Article not applicable to antique firearms.

The provisions of this article shall not apply to antique firearms.

HISTORY: (59) ; Act No. , Section 2.

SECTION Unregistered possession of machine guns or military firearms by licensed manufacturer.

Machine guns or military firearms manufactured by a firm licensed by the federal government and subject to the Federal Gun Control Act may be legally possessed by the manufacturer without being registered with the State Law Enforcement Division. The manufacturing firm shall furnish to SLED the serial numbers of all machine guns or military firearms manufactured by it within thirty days of their manufacture and it is subject to the penalties provided in Section for noncompliance.

HISTORY: Act No. , Section 2; Act No. , Section 2; Act No. , Section

SECTION Special limited license for possession, transportation, and sale of machine guns; violations and penalties.

(a) The South Carolina Law Enforcement Division may issue a special limited license for the possession, transportation, and sale of machine guns in this State to persons: (1) who are authorized representatives of a machine gun manufacturer or dealer engaged in demonstrating and selling them to agencies authorized by law to possess them, or (2) who are engaged in professional movie-making or providing services to professional movie-makers who use machine guns as regulated by this article in the course of creating movie "special effects".

(b) Applications for the special license authorized by this section must be on a form prescribed by the division, duly sworn to, containing the applicant's name, business and residence address, a record of any criminal charges filed against the applicant in the United States for other than traffic law violations and the disposition of the charges, a description of the machine guns to be possessed, transported, or sold in this State, including their make and serial numbers, the sites within the State to which the machine guns will be transported, and such other information the division considers necessary to implement this section.

(c) The division may issue a special license pursuant to this section if it determines that the applicant has not been convicted of any offense other than traffic violations and the applicant clearly qualifies under item (1) or (2) of subsection (a). The special license is valid for a specified period not to exceed six months which must be stated on the license.

(d) Any person who knowingly and wilfully makes any false statement for the purpose of obtaining the special license or who violates its terms, in addition to any other penalty provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than two years, or both.

HISTORY: Act No. , Section 8B; Act No. , Section 2.

ARTICLE 6


Using a Firearm While Under the Influence of Alcohol or a Controlled Substance


SECTION Definitions; unlawful use of firearm; violations.

(A) As used in this article:

(1) "Use a firearm" means to discharge a firearm.

(2) "Serious bodily injury" means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.

(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.

(D) This article does not apply to persons lawfully defending themselves or their property.

HISTORY: Act No. , Section 2.

SECTION Blood and urine testing.

(A) A person who uses a firearm within this State shall submit to a SLED-approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.

(B) If the arresting officer does not request a breath or urine test of the person arrested for an offense allegedly committed while the person was using a firearm while under the influence of alcohol or a controlled substance, the person may request the arresting officer to have a breath test made to determine the alcohol content of the person's blood or a urine test for the purpose of determining the presence of a controlled substance. The failure of the person who requests a breath or urine test to actually be so tested shall bar the prosecution of the person for using a firearm while under the influence of alcohol or a controlled substance.

(C) The provisions of Section relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of test information to the individual or the individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section.

(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a controlled substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(E) Information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section upon request for this information.

HISTORY: Act No. , Section 2.

SECTION Testing following death or serious personal injury; effect of refusal; evidentiary use.

(A) If a law enforcement officer has probable cause to believe that a person used a firearm while under the influence of alcohol or a controlled substance and caused the death or serious bodily injury of an individual, the person shall submit, upon the request of the law enforcement officer, to a test of his blood for the purpose of determining its alcohol content or for the presence of a controlled substance.

(B) A criminal charge resulting from the incident precipitating the officer's demand for testing should be tried concurrently with a charge of a violation of Section If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense which precipitated the demand for testing.

(C) The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance is not admissible as evidence in a criminal prosecution for the possession of a controlled substance.

Notwithstanding another provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section upon request for such information.

HISTORY: Act No. , Section 2.

SECTION Presumptions.

(A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section or and this section are admissible into evidence, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, creates the following presumptions:

(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.

(2) If there was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent by weight of alcohol in the person's blood, this fact does not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but this fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3) If there was at that time eight one-hundredths of one percent or more by weight of alcohol in the person's blood, this fact creates an inference that the person was under the influence of alcohol.

(B) The percent by weight of alcohol in the blood must be based upon grams of alcohol per one-hundred milliliters of blood. The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol.

HISTORY: Act No. , Section 2; Act No. 61, Section 1.

ARTICLE 7


Local Regulations


SECTION Regulation of ownership, transfer, or possession of firearm or ammunition; discharge on landowner's own property.

No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate:

(1) the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things; or

(2) a landowner discharging a firearm on the landowner's property to protect the landowner's family, employees, the general public, or the landowner's property from animals that the landowner reasonably believes pose a direct threat or danger to the landowner's property, people on the landowner's property, or the general public. For purposes of this item, the landowner's property must be a parcel of land comprised of at least twenty-five contiguous acres. Any ordinance regulating the discharge of firearms that does not specifically provide for an exclusion pursuant to this item is unenforceable as it pertains to an incident described in this item; otherwise, the ordinance is enforceable.

HISTORY: Act No. , Section 2; Act No. , Section 1, eff May 21,

Effect of Amendment

The amendment designated item (1) and added item (2) relating to discharge on a landowner's own property.

SECTION Temporary restriction of lawful open carrying of a firearm on public property during certain events; notice; confiscation of firearms or ammunition.

(A) Notwithstanding another provision of law, a governing body of a county, municipality, or political subdivision may temporarily restrict the otherwise lawful open carrying of a firearm on public property when a governing body issues a permit to allow a public protest, rally, fair, parade, festival, or other organized event. However, if a permit is not applied for and issued prior to an event as described in this subsection, a county, municipality, or political subdivision may not exercise the provisions of this subsection. A person or entity hosting a public protest, rally, fair, parade, festival, or other organized event must post signs at the event when open carrying is allowed or not allowed at the event.

(B) A governing body exercising the authority granted to it pursuant to this section must be specific in the area, duration, and manner in which the restriction is imposed and must provide prior notice of the restriction when feasible. In no event may the restriction extend beyond the beginning and conclusion of the event or beyond the location of the event. The duration of an event may not be scheduled for such a length of time as to frustrate the intent of this section.

(C) A county, municipality, or political subdivision may not confiscate a firearm or ammunition for a violation of this section unless incident to an otherwise lawful arrest.

HISTORY: Act No. , Section 3; Act No. , Section 3, eff June 9, ; Act No. 66 (H), Section 8, eff August 15,

Editor's Note

Act No. 66, Section 1, provides as follows:

"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."

Effect of Amendment

The amendment in the first sentence deleted "the use, sale, transportation, or" and added the second sentence relating to the power to confiscate firearms or ammunition.

Act No. 66, Section 8, rewrote the section.

ARTICLE 8


Identification Cards Issued to and Firearm Qualification Provided for Retired Law Enforcement Personnel


SECTION Retired personnel; identification cards; qualification for carrying concealed weapon.

(A) For purposes of this section:

(1) "Identification card" is a photographic identification card complying with 18 U.S.C. Section C.

(2) "Qualified retired law enforcement officer" shall have the same meaning as in 18 U.S.C. Section C.

(B) An agency or department within this State may comply with 18 U.S.C. Section C, by issuing an identification card to any qualified retired law enforcement officer. If the agency or department currently issues credentials to active law enforcement officers, the agency or department may comply with the requirements of this section by issuing the same credentials to qualified retired law enforcement officers. If the same credentials are issued, then the agency or department must stamp the credentials with the word "RETIRED".

(C)(1) Subject to the limitations of subsection (E), a qualified retired law enforcement officer may carry a concealed weapon in this State if the qualified retired law enforcement officer possesses an identification card along with a certification that the qualified retired law enforcement officer has, not less recently than one year before the date the individual is carrying the firearm, met the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm.

(2) The firearms certification required by this subsection may be reflected on the identification card or may be in a separate document carried with the identification card.

(D) The restrictions contained in Sections and are applicable to a person carrying a concealed weapon pursuant to this section.

(E) The agency or department must provide the qualified retired law enforcement officer with the opportunity to qualify to carry a firearm under the same standards for training and qualification for active law enforcement officers to carry firearms. However, the agency or department, as provided in 18 U.S.C. Section C, may require the qualified retired law enforcement officer to pay the actual expenses of the training and qualification.

HISTORY: Act No. , Section 3; Act No. (S), Section 1, eff June 2,

Effect of Amendment

Act No. , Section 1, rewrote subsections (A), (B), (C)(1), and (E).

ARTICLE 10


NICS: Mental Health Adjudication and Commitment Reporting


Editor's Note

Act No. 22, Section 3, provides as follows:

"SECTION 3. A court required to submit information to SLED pursuant to this act concerning individuals who have been adjudicated as a mental defective or who have been committed to a mental institution shall, from the effective date of this act forward, submit information by court order within five days from the filing of each order and in accordance with procedures developed as required by this act and have one year from this act's effective date to submit retroactive information by court order on such individuals going back a minimum of ten years or, if records are not available as far back as ten years, as far back as records exist."

SECTION Definitions.

As used in this article:

(1) "Adjudicated as a mental defective" means a determination by a court of competent jurisdiction that a person, as a result of marked subnormal intelligence, mental illness, mental incompetency, mental condition, or mental disease:

(a) is a danger to himself or to others; or

(b) lacks the mental capacity to contract or manage the person's own affairs.

The term includes:

(a) a finding of insanity by a court in a criminal case; and

(b) those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. Sections (a) and (b).

(2) "Committed to a mental institution" means a formal commitment of a person to a mental institution by a court of competent jurisdiction. The term includes a commitment to a mental institution involuntarily, and a commitment to a mental institution for mental defectiveness, mental illness, and other reasons, such as drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.

(3) "Mental institution" includes mental health facilities, mental hospitals, sanitariums, psychiatric facilities, and other facilities that provide diagnoses by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital.

HISTORY: Act No. 22, Section 1, eff August 1,

SECTION Collection and submission of information of persons adjudicated as a mental defective or committed to a mental institution.

(A) The Judicial Department and the Chief of SLED, or the chief's designee, shall work in conjunction with a court of competent jurisdiction in developing procedures for the collection and submission of information of persons who have been adjudicated as a mental defective or who have been committed to a mental institution.

(B) When a court submits this information to SLED by court order, SLED shall transmit the information to the National Instant Criminal Background Check System (NICS) established pursuant to the Brady Handgun Violence Protection Act of , Pub. L. (pg)

(C) The court shall submit the information to SLED by court order within five days from the filing of each order related to adjudications and commitments. Under no circumstances may the court or SLED submit information pursuant to this section relating to a person's diagnosis or treatment.

(D) SLED shall keep information submitted by the court confidential, and that information only may be disclosed to NICS pursuant to this section, for purposes directly related to the Brady Act, or as provided in subsection (E).

(E) If the court, by court order, has submitted a person's name and other identifying information to SLED to be transmitted to NICS, SLED shall review the state concealed weapons permit holders list, and if the review reveals that the person possesses a current concealed weapons permit, the permit must be revoked and surrendered to a sheriff, police department, SLED agent, or by certified mail to the Chief of SLED. If the permit holder fails to return the permit within ten days of being notified of the permit's revocation, SLED shall retrieve the permit from the permit holder.

(F) Information submitted by the court pursuant to this section, which is also contained in court orders or in other state or local agency records, is not affected by this section, and such court orders or other state or local agency records may be disclosed in accordance with existing laws and procedures.

HISTORY: Act No. 22, Section 1, eff August 1,

SECTION Petition to remove prohibition from shipping, transporting, possessing, or receiving a firearm or ammunition.

(A) If a person is prohibited from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. Section (g)(4) or Section as a result of adjudication as a mental defective or commitment to a mental institution, the person may petition the court that issued the original order to remove the prohibitions. The person may file the petition upon the expiration of any current commitment order; however, the court only may consider petitions for relief due to adjudications and commitments that occurred in this State.

(B) The petition must be accompanied by an authorization and release signed by the petitioner authorizing disclosure of the petitioner's current and past medical records, including mental health records.

(C) If the petition is filed pro se, the court shall provide notice to all parties of record. If the petitioner is represented by counsel, counsel shall provide notice to all parties of record.

(D) Notwithstanding the exclusive jurisdiction of the court to preside over hearings initiated pursuant to this section, the case may be removed to the circuit court upon motion of the petitioner or on motion of the court, made not later than ten days following the date the petition is filed. Upon such motion, the case must be removed to the circuit court where the court shall proceed with the case de novo.

(E)(1) Within ninety days of receiving the petition, unless the court grants an extension upon request of the petitioner, the court shall conduct a hearing which must be presided over by a person other than the person who gathered evidence for use by the court in the hearing.

(2) At the hearing on the petition, the petitioner shall have the opportunity to submit evidence, and a record of the hearing must be made and maintained for review. The court shall consider information and records, which otherwise are confidential or privileged, relevant to the criteria for removing firearm and ammunition prohibitions and shall receive and consider evidence concerning the following:

(a) the circumstances regarding the firearm and ammunitions prohibitions imposed by 18 U.S.C. Section (g)(4) and Section ;

(b) the petitioner's record, which must include, at a minimum, the petitioner's mental health and criminal history records;

(c) evidence of the petitioner's reputation developed through character witness statements, testimony, or other character evidence; and

(d) a current evaluation presented by the petitioner conducted by the Department of Mental Health or a physician licensed in this State specializing in mental health specifically addressing whether due to mental defectiveness or mental illness the petitioner poses a threat to the safety of the public or himself or herself.

(F) The hearing must be closed to the public, and the petitioner's mental health records must be restricted from public disclosure. However, upon motion by the petitioner, the hearing may be open to the public, and the court may allow for the in camera inspection of the petitioner's mental health records and for the use of these records, but these records must be restricted from public disclosure.

(G)(1) The court shall make findings of fact regarding the following and shall remove the firearm and ammunition prohibitions if the petitioner proves by a preponderance of the evidence that:

(a) the petitioner is no longer required to participate in court-ordered psychiatric treatment;

(b) the petitioner is determined by the Department of Mental Health or by a physician licensed in this State specializing in mental health to be not likely to act in a manner dangerous to public safety; and

(c) granting the petitioner relief will not be contrary to the public interest.

(2) Notwithstanding item (1), the court must not remove the firearm and ammunition prohibitions if, by a preponderance of the evidence, it is proven that the petitioner has engaged in acts of violence subsequent to the petitioner's last adjudication as a mental defective or last commitment to a mental institution, unless the petitioner, by clear and convincing evidence, proves that he is not likely to act in a manner dangerous to public safety.

(H) If the petitioner is denied relief and the firearm and ammunition prohibitions are not removed, the petitioner may appeal to the circuit court for de novo review. In conducting its review, the circuit court:

(1) shall review the record;

(2) may give deference to the decision of the court denying the petitioner relief; and

(3) may receive additional evidence as necessary to conduct an adequate review.

(I) Medical records, psychological reports, and other treatment records which have been submitted to the court or admitted into evidence under this section must be part of the record, but must be sealed and opened only on order of the court.

(J) If a court issues an order pursuant to this section that removes the firearm and ammunition prohibitions that prohibited the petitioner from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. Section (g)(4) or Section , arising from adjudication as a mental defective or commitment to a mental institution, the court shall provide SLED with a certified copy of the order that may be transmitted through electronic means. SLED promptly shall inform the NICS of the court action removing these firearm and ammunition prohibitions.

HISTORY: Act No. 22, Section 1, eff August 1,

SECTION Unlawful for a person adjudicated as a mental defective or committed to a mental institution to ship, transport, possess, or receive a firearm or ammunition; penalty; confiscation.

(A) It is unlawful for a person who has been adjudicated as a mental defective or who has been committed to a mental institution to ship, transport, possess, or receive a firearm or ammunition.

(B) A person who violates this section is guilty of a felony, and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.

(C) In addition to the penalty provided in this section, the firearm or ammunition involved in the violation of this section must be confiscated. The firearm or ammunition must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated firearm or ammunition may use the firearm or ammunition within the agency, transfer the firearm or ammunition to another law enforcement agency for the lawful use of that agency, trade the firearm or ammunition with a retail dealer licensed to sell firearms or ammunition in this State for a firearm, ammunition, or any other equipment approved by the agency, or destroy the firearm or ammunition. A firearm or ammunition must not be disposed of in any manner until the results of any legal proceeding in which the firearm or ammunition may be involved are finally determined. If SLED seized the firearm or ammunition, SLED may keep the firearm or ammunition for use by SLED's forensic laboratory. Records must be kept of all confiscated firearms or ammunition received by the law enforcement agencies pursuant to this section. A law enforcement agency that receives a firearm or ammunition pursuant to this subsection may administratively release the firearm or ammunition to an innocent owner. If possession of the firearm or ammunition is necessary for legal proceedings, the firearm or ammunition must not be released to the innocent owner until the results of any legal proceedings in which the firearm or ammunition may be involved are finally concluded. Before the firearm or ammunition may be released, the innocent owner shall provide the law enforcement agency with proof of ownership and shall certify that the innocent owner will not release the firearm or ammunition to the person who has been charged with a violation of this subsection which resulted in the firearm's or ammunition's confiscation. The law enforcement agency shall notify the innocent owner when the firearm or ammunition is available for release. If the innocent owner fails to recover the firearm or ammunition within thirty days after notification of the release, the law enforcement agency may maintain or dispose of the firearm or ammunition as otherwise provided in this subsection.

(D) At the time the person is adjudicated as a mental defective or is committed to a mental institution, the court shall provide to the person or the person's representative, as appropriate, a written form that conspicuously informs the person or the person's representative, as appropriate, of the provisions of this section.

HISTORY: Act No. 22, Section 1, eff August 1,

SECTION Definitions for Sections and

As used in Section and Section

(1) "Ammunition" means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in a firearm other than an antique firearm. The term does not include:

(a) a shotgun shot or pellet not designed for use as the single, complete projectile load for one shotgun hull or casing; or

(b) an unloaded, nonmetallic shotgun hull or casing not having a primer.

(2) "Antique firearm" means:

(a) a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before ; and

(b) a replica of a firearm described in subitem (a) if such replica:

(i) is not designed or redesigned for using rimfire or conventional centerfire-fixed ammunition; or

(ii) uses rimfire or conventional centerfire-fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

(3) "Firearm" means a weapon, including a starter gun, which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of such weapon; a firearm muffler or firearm silencer; or a destructive device; but the term does not include an antique firearm. In the case of a licensed collector, the term means only curios and relics.

(4) "Firearm frame or receiver" means that part of a firearm which provides housing for the hammer, bolt or breechblock, and firing mechanism, and which is usually threaded at its forward portion to receive the barrel.

(5) "Firearm muffler or firearm silencer" means a device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication.

HISTORY: Act No. 22, Section 1, eff August 1,

SECTION Hearing on fitness to stand trial.

Nothing in this article affects a court's duty to conduct a hearing on the issue of a person's fitness to stand trial pursuant to Section A solicitor shall not dismiss charges against a person prior to such hearing based solely on the person's fitness to stand trial.

HISTORY: Act No. 22, Section 1, eff August 1,

Sours: https://www.scstatehouse.gov/code/t23cphp
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Gun laws in South Carolina

South Carolina's gun law

Location of South Carolina in the United States

Gun laws in South Carolina regulate the sale, possession, and use of firearms and ammunition in the state of South Carolina in the United States.[1][2]

Summary table[edit]

Subject/Law Long Guns Hand Guns Relevant Statutes Notes
State permit required to purchase?NoNo
Firearm registration?NoNo
Assault weapon law?NoNo
Magazine capacity restriction?NoNo
Owner license required?NoNo
Permit required for concealed carry?N/AYesSC Code South Carolina is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older.
Permit required for open carry?NoYesSC Code Open carry of long guns is allowed without a permit. Open carry of a handgun is allowed by individuals with a concealed weapon permit.
Castle Doctrine/Stand Your Ground law?YesYesSC Code
State preemption of local restrictions?YesYesSC Code "No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate: (1) the transfer, ownership, possession, carrying, transportation, ammunition, components, or any combination of these things"

Columbia passed local ordinances enacting a red flag law and prohibiting firearms within feet of school grounds. On December 2, , Attorney GeneralAlan Wilson opined that both ordinances are likely a violation of preemption.[3][4]

NFA weapons restricted?NoNo
Peaceable Journey laws?NoNo
Background checks required for private sales?NoNo
Duty to inform?NoYesSC Code

South Carolina gun laws[edit]

South Carolina is a "shall issue" concealed carry permit state. No permit is required to purchase rifles, shotguns, or handguns. South Carolina also has "Castle Doctrine" legal protection of the use of deadly force against intruders into one's home, business, or car.[5] It is unlawful to carry a firearm onto private or public school property or into any publicly owned building except interstate rest areas without express permission. Open carry of a handgun will be allowed as of August 18th (open carry of long guns is still lawful), but no permit is required to carry a loaded handgun in the console or glove compartment of a car. As of 3&#;June&#;[update], states with which South Carolina has reciprocity are: Alaska, Arizona, Arkansas, Florida, Georgia, Idaho (enhanced permit only), Kansas, Kentucky, Louisiana, Michigan, Missouri, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota (enhanced permit only), Texas, Tennessee, Virginia, West Virginia, and Wyoming.[6][7][8] South Carolina only recognizes resident permits from the states with which it has reciprocity; non-resident permits from those states will not be honored. South Carolina does issue a CCW permit to a non-resident from a non-reciprocal state only if the non-resident owns real property in South Carolina as per Title 23 Chapter 31 Article 4 Section [9]

South Carolina law also now supports a "stand your ground" philosophy under the "Protection of Persons and Property Act" SECTION (C) with the following language. The act was apparently ruled non-retroactive in State v. Dickey.[10]

A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16–1–

South Carolina also has the "alter-ego" clause with respect to the defense of others, under which a person who uses deadly force to defend a friend, relative or bystander will be allowed the benefit of the plea of self-defense if that plea would have been available to the person requiring assistance if they had been the one who used deadly force. In other words, the person intervening is deemed to "stand in the shoes" of the person on whose behalf he is intervening. If that individual "had the right to defend himself, then the intervening party is also protected by that right. To claim self-defense, a person has to be in a place they have a legal right to be, not be involved in any illegal activity, must not have started the confrontation, and must be in imminent danger of death or serious bodily harm.

Some counties have adopted Second Amendment sanctuary resolutions.[11] A statewide sanctuary law was also passed.[12]

References[edit]

  1. ^"State Gun Laws: South Carolina", National Rifle Association – Institute for Legislative Action. Retrieved December 31,
  2. ^"South Carolina State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31,
  3. ^"AG Opinion 1"(PDF).
  4. ^"AG Opinion 2"(PDF).
  5. ^"Protection of Persons and Property Act", South Carolina Law Enforcement Division. Retrieved December 26,
  6. ^http://www.handgunlaw.us/states/southcarolina.pdf
  7. ^South Carolina Concealed Carry CCW Laws and Information on carryconcealed.netArchived November 26, , at the Wayback Machine
  8. ^South Carolina Concealed Carry Permit Information on USACarry.com
  9. ^https://www.scstatehouse.gov/code/t23cphp
  10. ^State v. Dickey and S.C.'s "stand your ground" law dead link
  11. ^"KCC unanimously passes Second Amendment resolution". www.chronicle-independent.com. Retrieved January 29,
  12. ^"Governor's OK means S Carolina now allows open carry of guns". AP NEWS. May 17, Retrieved June 30,
Sours: https://en.wikipedia.org/wiki/Gun_laws_in_South_Carolina
SC lawmakers considering two bills that would change state gun laws

South Carolina Gun Laws

Unlawful Carrying of Handgun; Exceptions.

It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except as follows, unless otherwise specifically prohibited by law:

(1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor’s constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators;

(2) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;

(3) members, or their invited guests, of organizations authorized by law to purchase or receive firearms from the United States or this State or regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits;

(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot;

(5) a person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or the agent or representative of this person, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;

(6) guards authorized by law to possess handguns and engaged in protection of property of the United States or any agency of the United States;

(7) members of authorized military or civil organizations while parading or when going to and from the places of meeting of their respective organizations;

(8) a person in his home or upon his real property or a person who has the permission of the owner or the person in legal possession or the person in legal control of the home or real property;

(9) a person in a vehicle if the handgun is:

  • (a) 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; however, this item is not violated if the glove compartment, console, or trunk is opened in the presence of a law enforcement officer for the sole purpose of retrieving a driver’s license, registration, or proof of insurance; If the person has been issued a concealed weapons permit pursuant to Article 4, Chapter 31, Title 23, then the person also may secure his weapon under a seat in a vehicle, or in any open or closed storage compartment within the vehicle’s passenger compartment; or”
  • (b) concealed on or about his person, and he has a valid concealed weapons permit pursuant to the provisions of Article 4, Chapter 31, Title 23;

(10) a person carrying a handgun unloaded and in a secure wrapper from the place of purchase to his home or fixed place of business or while in the process of changing or moving one’s residence or changing or moving one’s fixed place of business;

(11) a prison guard while engaged in his official duties;

(12) a person who is granted a permit under provision of law by the State Law Enforcement Division to carry a handgun about his person, under conditions set forth in the permit, and while transferring the handgun between the permittee’s person and a location specified in item (9);

(13) the owner or the person in legal possession or the person in legal control of a fixed place of business, while at the fixed place of business, and the employee of a fixed place of business, other than a business subject to Section , while at the place of business; however, the employee may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining the permission of the owner or person in legal control or legal possession of the premises;

(14) a person engaged in firearms related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits issued pursuant to item (12);

(15) a person while transferring a handgun directly from or to a vehicle and a location specified in this section where one may legally possess the handgun. 

(16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.

Sours: https://www.gunstocarry.com/gun-laws-state/south-carolina-gun-laws/

Gun laws carolina south

MEDIA REQUESTS

Last updated .

A person generally may not transport a handgun in a vehicle, except if he or she is:

  • A holder of a concealable weapons permit (the handgun may be carried openly or concealed on or about the person);
  • A licensed hunter or fisherman going to or from hunting or fishing while in a vehicle or on foot;
  • Carrying an unloaded handgun in a secure wrapper from the place of purchase to his or her home or fixed place of business or while changing his or her residence or fixed place of business;
  • Transferring a handgun directly from or to a vehicle and a location where one may legally possess the handgun;
  • On a motorcycle when the handgun is secured in a closed saddlebag or other similar closed accessory container attached to the motorcycle; or
  • In a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk or closed container secured by an integral fastener and transported in the “luggage compartment” of the vehicle.1

A luggage compartment is defined as:

[T]he trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term &#;luggage compartment&#; refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, truck, or sport utility vehicle, the term &#;luggage compartment&#; refers to the area behind the rearmost seat.2

South Carolina also prohibits any passenger on a bus or any other public transportation vehicle from carrying or possessing a firearm.3

Any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he or she has rented and upon which an accommodations tax has been paid.4

Finally, South Carolina prohibits the possession, carrying or having readily accessible a loaded centerfire rifle, or shotgun loaded with a shot size “larger than number four” on a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent thereto.5 This prohibition does not apply, however, to a centerfire rifle or shotgun contained in a vehicle traveling on a public road, a closed compartment, or a closed vehicle trunk.6

Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at [email protected]

Contact
Sours: https://giffords.org/lawcenter/state-laws/guns-in-vehicles-in-south-carolina/
Governor signs open carry law in South Carolina

New Open Carry with Training law now in effect in South Carolina

South Carolina’s handgun laws changed over the weekend, and local citizens have mixed feelings about the new guidelines.

South Carolina’s “Open Carry with Training Act,” or H. , took effect on Sunday, Aug. The act will allow South Carolinians to carry concealable weapons, like handguns, openly with a training permit. The bill was passed by the S.C. General Assembly in May.  

To commemorate the occasion, S.C. Gov. Henry McMaster, a Republican and staunch 2nd Amendment defender, along with Lt. Gov. Pamela S. Evette and members of the General Assembly, held a ceremonial bill signing on Friday, Aug. 13, at the Palmetto State Armory in Greenville, S.C.

Rep. Bobby Cox, R-Greenville, the lead sponsor for the bill, said that the bill was signed in Greenville because it's a pro-Second Amendment area, where many citizens believe in responsible gun ownership, he told The Greenville News.

Cox said that several neighboring states had already adopted versions of the open carry law and that South Carolina's law was "long overdue," adding that this was a measure towards making South Carolina a "Second Amendment sanctuary state."

"It's a proven policy that's been proven throughout the state," he said. "It doesn't turn a state in to the Wild Wild West." 

Gov. McMaster said that this measure was put in place to act as a deterrent to fatal gun violence in the state. In , South Carolina had the 8th highest death rate in the U.S. in terms of firearm-related mortality, according to Center for Disease Control data. 

South Carolina's new open carry law takes effect Sunday, Aug.

Open Carry with Training Act highlights

Here's what to know about the Open Carry with Training Act that took effect Sunday, Aug.

The law:

► Allows holders of a concealed weapon permit to carry a handgun openly.

► Keeps in place requirements that a permit holder be 21 or older, take eight hours of training and pass a background check that includes fingerprinting.

► Eliminates the $50 fee for obtaining a permit.

► Continues to allow businesses and private property owners to prohibit firearms, whether concealed or openly, provided the ban is clearly marked by signs at the entrance.

► Allows local governments to restrict open carry on public property during events by posting signs prohibiting weapons.

► Allows church officials who hold a permit to carry a handgun openly or concealed on school grounds when the property is leased by a church and during official church activities.

The law does not allow open carrying of handguns without a permit.

Hampton County reactions to Open Carry law

S.C. Representative Shedron Williams, D-Hampton, said that he is an advocate for the right to bear arms, if the person is properly trained and certified, adding that all weapons should be purchased legally and registered.

“I’m not against individuals processing a weapon if it’s done right,” Williams said. “I have  weapons, lots of them, and they are all registered, and I am a concealed weapons permitted carrier. I ask that the citizens in the district, and throughout South Carolina, use good judgement and consider true citizenship and solid policing.”

Not every Second Amendment supporter and gun owner agrees with our elected officials, however. 

“I think it’s the worst idea they have ever had,” said John Florence, a licensed CWP Instructor and former law enforcement officer. “Part of the beauty of the CWP program is that, when a bad guy walks into a room, he doesn’t know who has a gun and who doesn’t. Now, with guns on full display, he knows who to shoot first.”

Florence also had concerns about the law’s lack of requirements for holsters or retention training for gunowners. Double retention holsters, such as Level 1 or better, are more secure than “a ten dollar holster from Wal-Mart,” he said, otherwise "people can easily take the gun away from you.”

“I will never open carry in civilian clothes,” he added. “I will never put myself or my family at risk.”

Will Hutto, Retail Manager at ACE Hardware in Hampton, which sells firearms and ammunition, said that he doesn’t think the law will have any impact on the firearms retail business or on public safety.

“I’m a firm believer in the Second Amendment and I feel like law-abiding citizens do have the right to protect themselves, their families, and their property,” Hutto said. “But I hope that people will do some research before they strap on a pistol and hit the street.”

Hutto added that the law primarily benefits people who already have a CWP, and can prevent people from facing prosecution over something as simple as a shirt riding up and exposing a weapon in public.

“I personally would never open carry,” he added. “I feel like it puts a target on you. I’d rather the bad guy have to put some thought into who might be carrying and who might not be.”


Law enforcement prepares for change

Hampton County Sheriff T.C. Smalls said that his office was consulting with the S.C. Sheriff’s Association on enforcing this law properly, and added that "The Hampton County Sheriff’s Office will abide by this law as long as it shall remain in place.   

The S.C. Law Enforcement Division (SLED) issued some guidance and reminders to the public late last week. SLED reminds citizens that:

- The Open Carry with Training Act does not change the law that applies to non-CWP holders. Rather, it merely changes the way a CWP holder can carry a handgun in public in South Carolina.

-The Open Carry with Training Act also does not change where a CWP holder can carry in South Carolina, nor does it change the right of a public or private business or employer to post a sign prohibiting or allowing the carrying of a concealable weapon by a valid CWP holder.

Meanwhile, law enforcement officers around the state have been watching a training video and undergoing other protocols to prepare them for handling new situations as it becomes legal for residents who have a concealed weapons permit to openly carry a gun in public.

Created by the SC Criminal Justice Academy, in partnership with SLED and the Attorney General's office, the video goes through scenarios of the police approaching a person and asking them if they have a permit or not, said Lewis J. Swindler, Director of the SC Criminal Justice Academy.

Another scenario, he explained, shows what police should do when the person declines to show them the permit. Then police can tell them that they are violating a law, he said. 

The police can only approach someone if they have "reasonable suspicion" that an ordinary person is engaging in criminal activity.

"Simply walking down the road and just because you're in a high crime area doesn't mean reasonable suspicion," he said. 

Devyani Chhetri of the Greenville News, along with Bob Montgomery of the Spartanburg Herald-Journal contributed to this report.

Sours: https://www.blufftontoday.com/story/news/local/hampton-county-guardian//08/16/new-open-carry-training-gun-law-now-effect-south-carolina//

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