Constitutional Carry - South Carolina
Constitutional Carry gun laws went into effect in South Carolina in 2024. This legislation made sweeping changes to the gun laws in this state and today we are going to discuss those changes and how they apply to you.
Hi, my name is Dale Savage and I’m a criminal defense attorney here in Charleston, SC. So, today is all about Constitutional Carry and I’m going to discuss the lawful way to carry a handgun in public and in your vehicle, what your rights under the new legislation when approached by law enforcement, and the changes in the penalties when convicted.
Concealed Weapons Permit Not Required
- When carrying a handgun in South Carolina you can open carry or conceal carry a handgun w/o a CWP. You can still get a CWP if you choose, but it is no longer a legal requirement.
- What about handguns in your vehicle? Under the new laws, there are no restrictions for guns inside vehicles. Guns can be stored anywhere inside a vehicle, openly or concealed, except on school grounds.
- So, what are your legal requirements when it comes to law enforcement? Law enforcement can no longer conduct a stop solely because a firearm is visible, either on your person or in a vehicle. You don’t even need to notify police that you have a gun.
Where are Firearms Prohibited?
However, firearms are still prohibited from some locations. These include:
- Law enforcement facilities.
- Courtrooms, Polling places, Schools or Daycares.
- Places where it is prohibited by federal law.
- County or municipal business meetings, public school district meetings.
- Church’s, Hospitals, Medical clinics, Doctor’s offices.
- Another person’s residence, unless you get express permission by the owner; and
- Places clearly marked with a sign prohibiting the carrying of concealable weapons.
Unlawful Carrying a Handgun
If you are convicted for carrying a handgun into one of these restricted locations, there are now enhanced penalties for repeat offenders (§16-23-20).
- For a 1st offense (misdemeanor) = 0-1 yr.
- For a 2nd offense (misdemeanor) = 0-3 yrs.
- For a 3rd or subsequent offense (felony) = 0-5 yrs.
Who is Prohibited from Possessing a Gun?
So, let’s look at who is prohibited from possessing a handgun.
- If you have been convicted of a crime punishable by a maximum term of imprisonment of more than 1 yr. you are prohibited.
- If you are a fugitive from justice, a drug addict, or adjudicated mentally incompetent.
- Any person under the age of 18.
- A person convicted of a crime of violence you can no longer lawfully possess a firearm.
Unlawful Possession of a Gun
A conviction for unlawful possession also has graduated penalties for repeat offenders (§16-23-30):
- For a 1st offense = 0-5 yrs.
- For a 2nd offense = 5 – 20 yrs.
- For a 3rd or subsequent offense = 10 -30 yrs.
