Constitutional Carry in South Carolina went into effect in 2024. This legislation made sweeping changes to the gun laws that changed how to legally transport firearms and who may legally be in possession of those guns.

So lets discuss the lawful way to carry a handgun in public and in your vehicle, what your rights under Constitutional Carry when approached by law enforcement, and the changes in the penalties when convicted.

OPEN AND CONCEALED CARRY – NO CWP REQUIRED 

Under Constitutional Carry, when carrying a handgun in South Carolina you can open carry or conceal carry without a concealed weapons permit (CWP). You can still get a CWP if you choose, but it is no longer a legal requirement.

NO RESTRICTIONS ON GUNS IN VEHICLES

Under Constitutional Carry, there are no restrictions for guns inside vehicles.  Guns can be stored anywhere inside a vehicle, openly or concealed, except on school grounds.

YOU DON’T HAVE TO INFORM POLICE

What are your legal requirements when it comes to law enforcement? Under Constitutional Carry, there are no legal requirements that you notify police you have a gun on your person or in your vehicle. Additionally, police can no longer conduct a stop solely because a firearm is visible, either on your person or in a vehicle.

WHERE ARE THERE RESTRICTIONS?

There are still locations where firearms are prohibited. 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 GUN PENALTIES

If you are convicted for Unlawful Carrying a Handgun (§16-23-20)  into one of these restricted locations, there are now enhanced penalties for repeat offenders.

• 1st offense (misdemeanor) = 0-1 yr.
• 2nd offense (misdemeanor) = 0-3 yrs.
• 3rd or subsequent offense (felony) = 0-5 yrs.

WHO CAN’T CARRY A GUN?

So, let’s look at who is prohibited from possessing a handgun. (§16-23-30)

• 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 PENALTIES 

A conviction for Unlawful Possession of a Gun (§16-23-30) also has graduated penalties for repeat offenders:

• 1st offense = 0-5 yrs.
• 2nd offense = 5 – 20 yrs.
•  3rd or subsequent offense = 10 -30 yrs.

CONTACT A CHARLESTON, SOUTH CAROLINA GUN CRIMES LAWYER

If you need a South Carolina Gun Crimes Lawyer, call Charleston Criminal Defense Attorney Dale Savage at (843) 530-7813.