Jonah Patel
South Carolina's gun laws underwent a significant change in 2024 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 requiring a permit. The bill was signed into law by Governor Henry McMaster, and while the specific implementation dates for certain aspects are yet to be determined, it is clear that it will allow legal gun owners to carry their weapons in public without the need for a concealed weapons permit or mandatory training.
| Characteristics | Values |
|---|---|
| State | South Carolina |
| Law | Constitutional Carry Bill, H. 3594 |
| Date of Implementation | 2024 |
| Requirements | No permit or training required |
| Age Limit | 18 years |
| Training | Free training provided by SLED, twice monthly |
| Law Enforcement Officers | Can carry under the Law Enforcement Officers Safety Act (LEOSA) |
| Concealable Weapon | Firearm <12" in length, carried openly or in a manner hidden from public view |
| Off-Limits Areas | Schools, courthouses, and properties with "No Concealable Weapons Allowed" signs |
| Criminal Offenses | Stricter penalties for unlawful carry and possession |
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What You'll Learn
No permit or training required
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 effectively allows most individuals to carry a handgun almost anywhere within the state, either openly or concealed, without the need for a permit. This means that in South Carolina, anyone not prohibited by state or federal law from possessing a firearm can carry a gun anywhere in the state.
Prior to this bill, South Carolina required individuals to obtain a Concealed Weapon Permit (CWP) to carry a concealed firearm. The South Carolina Law Enforcement Division (SLED) implemented a new CWP system in partnership with IdentoGo by IDEMIA in 2018, streamlining the application and renewal processes. However, with the passage of the Constitutional Carry Bill, a CWP is no longer required for most individuals.
It is important to note that while a permit is no longer necessary, individuals can still choose to obtain a CWP if they prefer. CWP classes offer valuable education on gun safety and laws, even though they are not mandatory. Additionally, firearms training is not a prerequisite for carrying a concealed weapon in South Carolina. However, free firearms training classes are now offered twice a month by SLED for those who wish to participate.
The Constitutional Carry Bill also introduced stricter penalties for individuals who repeatedly carry guns into prohibited places, such as schools and courthouses. It also imposes penalties on those who commit crimes with a concealed weapon without possessing a CWP. Furthermore, the bill allows property owners, leaseholders, or business operators to prohibit patrons from entering their premises with firearms by posting a "NO CONCEALABLE WEAPONS ALLOWED" sign.
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Free training offered
South Carolina has approved permit-less carry, allowing citizens to exercise their constitutional rights without seeking permission from the government. This means that the training required to obtain a concealed weapon permit (CWP) is no longer mandatory. However, South Carolina still encourages citizens to undergo firearms training.
The South Carolina Law Enforcement Division (SLED) has implemented a streamlined CWP system, offering online renewal and replacement processes. This system also allows applicants to initiate the application process online and schedule appointments at an available IdentoGo site. At these sites, applicants can submit their CWP application documentation and have their fingerprints electronically sent to SLED.
While the training is no longer mandatory, it is still highly recommended for responsible gun ownership and safety. The training class covers various topics, including statutory and case law pertaining to handguns and the use of deadly force, proper storage practices to prevent accidental injuries, and the actual firing of a handgun under the supervision of an instructor.
To promote safety and responsibility, the eight-hour training class needed for a CWP is now offered free of charge. This training opportunity ensures that individuals interested in carrying a concealed weapon can still receive proper education and instruction, even without the requirement of a permit.
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Stricter penalties for carrying in prohibited places
South Carolina's "constitutional carry" legislation includes stricter penalties for carrying in prohibited places. The legislation, H.3594, was signed into law by Governor Henry McMaster on March 8, 2024. It expands the Second Amendment rights of law-abiding citizens while imposing stricter penalties for illegal gun use and possession, particularly targeting felons with firearms.
The new law retains certain restrictions, with firearms remaining prohibited in designated areas such as schools, courthouses, and the State House. Private properties posted with "No Concealable Weapons Allowed" signs prohibit both open and concealed carry. This includes businesses selling alcoholic beverages for on-premises consumption, where additional penalties apply for unlawfully carrying a pistol or firearm.
In South Carolina, a "concealable weapon" refers to a firearm less than 12" in length, carried openly or hidden from view, except when needed for self-defence or the protection of property. The state's Castle Doctrine law provides that an individual who is not engaged in unlawful activity and is attacked in a place where they have a right to be has no duty to retreat and may stand their ground, meeting force with force if necessary to prevent death or injury.
While South Carolina offers resident and non-resident concealed weapon permits (CWPs), individuals carrying in prohibited places may face stricter penalties under the new law. This includes revocation of the concealed weapon permit for a period of five years. Additionally, a business owner or operator may request that a person carrying a concealable weapon leave the premises or remove the weapon, and refusal to comply may result in charges for violating subsection (A) of the relevant code.
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No need to disclose firearm possession to law enforcement
In South Carolina, individuals are not legally required to disclose their firearm possession to law enforcement officers during a routine traffic stop. However, if a person holds a Concealed Weapon Permit (CWP), they are legally obligated to inform the officer and provide the necessary documentation, including proof of their CWP, and inform the officer of the weapon's location. This disclosure ensures compliance with the state's laws and helps maintain a safe environment during the interaction.
While South Carolina recognizes the right to concealed carry, it is important to note that there are specific requirements and limitations. The state implemented a new CWP system in 2018, providing a streamlined process for applications, renewals, and replacements. Obtaining a CWP in South Carolina mandates an eight-hour firearms training course approved by the state. The minimum age requirement for a CWP is 18 years old, and permits are issued to residents, non-residents who own property in the state, and military personnel stationed there.
It is worth noting that South Carolina honors resident permits from states that reciprocate the recognition of South Carolina permits, provided the reciprocal state mandates a criminal background check for applicants. Additionally, areas that prohibit concealed carry also restrict open carry, and private properties with "No Concealable Weapons Allowed" signage ban both open and concealed carry.
When interacting with law enforcement during a traffic stop, it is essential to remain calm, cooperative, and polite. Individuals have the right to feel safe and protect their legal rights. If an individual believes their rights were violated during a traffic stop, they can seek legal counsel from a South Carolina criminal defense lawyer to explore their specific legal options.
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Concealed carry on school property
South Carolina's Constitutional Carry Bill, passed in 2024, allows most people to carry a handgun almost anywhere in the state, openly or concealed, without a permit. However, there are still some places where carrying a firearm is prohibited, and specific laws and restrictions apply to carrying a concealed weapon on school property.
Firstly, it is important to note that South Carolina law expressly prohibits the possession of any firearm on school property. This includes any premises or property owned, operated, or controlled by a private or public school, college, university, or other post-secondary institution. The law states that it is a felony, punishable by up to five years in prison, to "display, brandish, or threaten others with a firearm" on school property or to possess a firearm of any kind without the express permission of the authorities in charge. This law applies to both public and private schools and colleges.
There are, however, some limited exceptions to this restriction. For example, law enforcement officers (LEOs) and retired LEOs (RLEOs) may carry a concealed firearm on school property under the Law Enforcement Officers Safety Act (LEOSA), often referred to as HR 218. Additionally, church officials who hold a Concealed Weapons Permit (CWP) may 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. This exception may also apply to a school attached to church grounds in certain instances.
Furthermore, while firearms are generally prohibited on school property, they can be stored in a vehicle on school grounds under specific conditions. Firearms must be kept inside an attended or locked vehicle and secured in a closed glove compartment, closed console, closed trunk, or a closed container with an integral fastener transported in the luggage compartment. These storage requirements apply to both students and staff bringing firearms onto school property.
In conclusion, while South Carolina's Constitutional Carry Bill allows most people to carry a concealed handgun without a permit, there are still significant restrictions on carrying concealed weapons on school property. Individuals must be aware of and abide by these laws to avoid legal consequences, including felony charges and imprisonment.
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Frequently asked questions
A "concealable weapon" is a firearm with a length of less than 12" that is carried openly or in a manner that is hidden from public view in normal wear clothing.
The "Constitutional Carry Bill" or "Constitutional Carry Law" in South Carolina means that most people can carry a handgun anywhere in the state, openly or concealed, without a permit.
As of 2024, South Carolina does not require a concealed weapon permit (CWP) or training to carry a concealed weapon. However, you can still obtain a CWP if desired, and free training is available.
