Jonah Patel
On March 7, 2024, South Carolina Governor Henry McMaster signed the 'Constitutional Carry' bill into law, making South Carolina the 29th state in the country to pass such legislation. The bill, also known as the 'permitless carry' bill, allows most people to carry a handgun openly or concealed without a permit. The bill amends the South Carolina Code of Laws, enacting the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024.
| Characteristics | Values |
|---|---|
| Name of the Bill | "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024" |
| Bill Number | H. 3594 |
| Year | 2024 |
| Status | Passed |
| Passed by | South Carolina Senate and House |
| Voting | 28-18 in the Senate and 86-33 in the House |
| Signed by | South Carolina Governor Henry McMaster |
| Gun Permit | Not required |
| Gun Training | Not required |
| Gun Safety Classes | Encouraged |
| Gun Law Amendments | Tougher penalties for unlawful carry/possession of firearms |
| Gun Ban | Schools, courthouses, hospitals, private properties |
| Age Limit | Lowered from 21 to 18 |
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What You'll Learn
South Carolina's gun laws
Under the new law, anyone not prohibited by state or federal law from possessing a firearm can carry a gun anywhere in the state. The bill also amended the places and circumstances under which handguns and firearms may be carried. Additionally, it provided for graduated penalties for violations related to unlawful carrying. The bill also addressed the process for returning found handguns and the expungement of certain unlawful carry or possession convictions.
Despite the changes, some gun safety regulations remain in place in South Carolina. For example, firearms must be stored locked, unloaded, and separate from ammunition in certain circumstances. The purchase of certain assault-style weapons designed for military use is prohibited, as are devices that alter trigger mechanisms to enable continuous fire. New handgun models sold in the state must have childproofing features, and all gun dealers are required to obtain a state license. Ghost gun parts cannot be sold without serial numbers and a background check, and the sale of gun magazines larger than a prescribed size is prohibited.
Prior to the 2024 changes, South Carolina had specific requirements for carrying a concealed weapon. Applicants were required to complete an eight-hour handgun education course offered by a state, county, or municipal law enforcement agency or a recognized organization that promotes gun safety. This course included instruction on statutory and case law, proper storage practices, and the use of deadly force. However, as of 2024, no permit, background check, or firearms registration is required when buying a handgun from a private individual in South Carolina.
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The Second Amendment
In 2024, South Carolina's gun laws underwent significant changes with the passing of the "Constitutional Carry Bill," also known as the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024." This bill amended existing state laws, allowing most individuals to carry a handgun openly or concealed without a permit in South Carolina.
> "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The "Constitutional Carry" law in South Carolina allows individuals to carry handguns without a permit, aligning with the Second Amendment's protection of the right to bear arms. However, it is important to note that there are still regulations in place regarding gun ownership and usage. For example, unlawful possession or carry of a firearm is still prohibited in South Carolina, and individuals under certain conditions, such as those with a violent crime conviction or who are adjudicated incompetent, are restricted from possessing firearms. Additionally, South Carolina law provides a process for gun owners to obtain a concealed weapon permit, and an additional penalty may be imposed if a crime is committed with a concealable weapon without a valid permit.
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Unlawful possession and carry
In 2024, South Carolina passed the "Constitutional Carry/Second Amendment Preservation Act of 2024", which allows most people to carry a handgun anywhere in the state, openly or concealed, without a permit. However, there are still restrictions on who can possess and carry firearms, and unlawful possession or carry can result in criminal charges.
South Carolina Code § 16-23-30 specifically prohibits the possession of a stolen handgun and the sale or delivery of a handgun to certain individuals, including those under 18 years old, fugitives from justice, individuals adjudicated as incompetent, members of subversive organizations, and those who have been judged unfit to possess a firearm by a circuit court. Additionally, it is illegal to possess, transport, store, or keep machine guns, military firearms, sawed-off shotguns, or sawed-off rifles in the state.
The penalties for unlawful possession or carry can vary depending on the specific circumstances and an individual's criminal history. In some cases, individuals may be eligible for expungement of their records after a certain period. The 2024 amendments to South Carolina gun laws allow for new unlawful carry or possession of firearm offenses to be expunged after three years if the individual qualifies. Additionally, unlawful carry or possession of firearm offenses under the old law may be eligible for expungement if the individual applies before March 7, 2029, and meets the qualifications.
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Gun safety and training
In 2024, South Carolina's gun laws underwent a significant change with the passing of the "Constitutional Carry Bill," also known as H. 3594. This bill allows most individuals to carry a handgun almost anywhere in the state, either openly or concealed, without the need for a permit. Despite this new law, gun safety and training remain crucial aspects of responsible firearm ownership.
The National Rifle Association (NRA) is a well-known organization that offers firearm training programs. The NRA's Marksmanship Qualification Program is a self-paced training curriculum that provides incentive awards for developing and refining marksmanship skills on various firearm platforms. The NRA also boasts a network of over 125,000 instructors, range safety officers, and coaches dedicated to fostering safe, ethical, and responsible shooting practices.
Additionally, The Preserve Academy, located in Richmond, Rhode Island, offers comprehensive firearms safety training. Their curriculum covers firearm safety, shooting fundamentals, grip, stance, and more. They also provide instruction on NRA rules for safe gun handling, pistol parts and operation, ammunition, and range rules. The Preserve Academy highly recommends that newcomers to shooting sports enroll in their beginner classes or opt for private lessons.
While South Carolina's recent Constitutional Carry legislation has relaxed certain restrictions on handgun possession, it is still essential to prioritize gun safety and training. By seeking out educational resources, gun owners can enhance their skills, increase their knowledge, and promote responsible firearm ownership.
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Gun crime statistics
In 2024, South Carolina passed the "Constitutional Carry Bill," H. 3594, which significantly altered the state's gun laws. This bill, based on the Second Amendment, allows most individuals to carry a handgun almost anywhere in the state, either openly or concealed, without a permit. However, specific prohibitions and restrictions on gun possession and carry still apply.
Now, let's delve into gun crime statistics for the state:
Gun Death Rate
The overall gun death rate in South Carolina increased by nearly 43% over the last decade (2010-2019), with the most significant single-year spike of 13% occurring from 2018 to 2019. Both firearm homicide and suicide rates have been on the rise, with the firearm homicide rate witnessing a dramatic 86% increase from 2010 to 2019. In contrast, the firearm suicide rate increased by 19% during the same period.
Gun Suicides
Gun suicides account for a significant portion of gun-related deaths in South Carolina. In 2019, more than half of all gun deaths in the state were suicides, and over 3/5 of suicides were committed using firearms. White males aged 75 and above are identified as the demographic group with the highest risk for firearm suicide in South Carolina.
Gun Homicides
While gun suicides claim more lives overall, gun homicides represent an even higher proportion of violent deaths. In 2021, gun homicides accounted for over 80% of all homicides in the United States.
National Context
Gun deaths in 2021 rose to levels not seen since the 1990s but remained below the rates of the 1970s. A 2022 study revealed that guns were the leading cause of years of life lost compared to other sources of traumatic injury, surpassing even motor vehicle accidents.
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Frequently asked questions
Yes, South Carolina Gov. Henry McMaster signed the "Constitutional Carry/Second Amendment Preservation Act of 2024" into law on March 8, 2024.
The act allows most people to carry a handgun almost anywhere in the state, openly or concealed, without a permit or prior training. However, guns are still banned in certain places like schools, courthouses, hospitals, and private properties where the owner has restricted firearms.
It is a felony under SC Code § 16-23-410 that carries up to five years in prison to “present or point at another person a loaded or unloaded firearm”.
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