South Carolina's Constitutional Carry: What's The Law?

does south carolina have constitutional carry

South Carolina recently became the 29th state to pass a 'constitutional carry' gun law, allowing anyone over the age of 18 to carry a gun in public without a permit. The bill, which was signed into law by Governor Henry McMaster, has sparked controversy and concern for public and officer safety, particularly due to the lack of mandated training. The new law also creates a free training program, put on twice monthly by SLED, and increases penalties for felons who carry a weapon.

Characteristics Values
State South Carolina
Law South Carolina Constitutional Carry Act of 2023
Enacted by Gov. Henry McMaster
Date enacted March 2024
Eligibility Anyone 18 or older who can legally own a gun
Permit required No
Training required No
Locations with restrictions Schools, courthouses, college or university premises, employer-owned vehicles
Locations with no restrictions Public spaces, personal vehicles

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No permit required to carry a gun in public

In March 2024, South Carolina became the 29th state in the US to pass a 'constitutional carry' law, allowing anyone over the age of 18 to carry a gun in public without a permit. This means that anyone who can legally own a gun is able to openly carry it in public without a permit.

The bill, known as the South Carolina Constitutional Carry Act of 2023, was signed into law by Governor Henry McMaster on March 7, 2024. The law removes the requirement for a concealed weapons permit (CWP) to carry a handgun in public, though residents can still obtain a permit if they wish. However, it is important to note that this law only applies within the state of South Carolina, and crossing state lines with a loaded handgun requires a concealed weapons permit.

While the new law makes it easier for South Carolina residents to carry guns in public, there are still restrictions on where guns can be carried. For example, guns are banned in schools, universities, and courthouses. Additionally, employers can determine whether or not their employees are allowed to carry firearms in employer-owned vehicles, machinery, or equipment. Furthermore, private property owners can post signs prohibiting concealable weapons on their premises, and individuals who bring a concealable weapon onto such premises may be charged with a violation.

The constitutional carry law in South Carolina has been the subject of debate, with some expressing concerns about public and officer safety, as well as the lack of mandated training for gun carriers. To address these concerns, the bill includes provisions for free gun safety training and increased penalties for certain gun-related offenses, such as carrying a gun into a restricted area or committing a crime with a concealed weapon.

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Gun storage in vehicles

South Carolina's "constitutional carry" law, H. 3594, came into effect on March 7, 2024. This law allows anyone not prohibited by law from carrying a firearm to store it anywhere in their vehicle. This includes storing the firearm in the glove box, under the seat, on the dashboard, or even in one's pocket.

However, there are certain exceptions to this rule. For instance, on school premises or property owned or operated by a school, university, or other educational institution, firearms must be kept in an attended or locked vehicle and secured in a closed glove compartment, closed console, closed trunk, or a closed container with an integral fastener. They must then be transported in the luggage compartment of the vehicle. Similar rules apply to parks or facilities under the jurisdiction of the state Department of Parks, Recreation, and Tourism, where licensed hunters are required to store unloaded firearms in the vehicle's trunk or a case.

Furthermore, South Carolina prohibits the possession or carrying of a loaded centerfire rifle or shotgun with a shot size larger than number four on a public road or railroad right-of-way without permission to hunt on adjacent land. This restriction does not apply to firearms contained in a vehicle's closed compartment or trunk. Additionally, passengers on public transportation vehicles, such as buses, are prohibited from carrying or possessing firearms.

While South Carolina's constitutional carry law grants significant freedom in storing firearms in vehicles, it is important to be aware of these specific exceptions and comply with the relevant regulations.

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Gun possession on university property

As of March 7, 2024, South Carolina is a permitless carry state, meaning that anyone 18 or older who is not prohibited by law can carry a firearm openly or concealed without a permit. However, there are still some places where guns are not allowed, including university property.

South Carolina law prohibits any person from possessing a firearm on any premises or property owned, operated, or controlled by a private or public school, college, or university. This includes buildings and athletic events. The only exception is when the firearm remains 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.

For example, at Clemson University, employees are not allowed to have personal firearms in any university-owned vehicles, machinery, or equipment. Additionally, it is unlawful for any person to carry a firearm of any kind on any premises or property owned, operated, or controlled by Clemson University.

It is important to note that South Carolina law encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm. The South Carolina Law Enforcement Division (SLED) offers free training twice monthly for anyone who wishes to attend. This training covers both the use of handguns and state laws pertaining to handguns.

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Gun possession on school property

South Carolina's gun laws can be confusing, and it's important to understand the restrictions on gun possession, especially on school property. Here is some detailed information on this topic:

South Carolina's gun laws, as of 2024, allow for "Constitutional Carry," which means that anyone not prohibited by state or federal law from possessing a firearm can carry a gun anywhere in the state, except for restricted areas. These restricted areas include school properties, where specific rules apply.

In South Carolina, it is unlawful to carry a firearm on any property owned, operated, or controlled by a public or private school, college, or university. This restriction applies regardless of whether an individual has a concealed weapons permit (CWP). Even with a CWP, you cannot bring a gun into a school on your person. However, if you have a permit, you may keep your gun in an attended or locked car on school property, provided it is secured in the glove compartment, closed console, closed trunk, or luggage compartment.

The penalties for bringing a gun onto school property in South Carolina can be severe and may include confiscation of the weapon. The specific penalty depends on the type of school to which the weapon is brought. It is also important to note that displaying, brandishing, or threatening others with a firearm on school property is a felony under state law, carrying a potential penalty of up to five years in prison.

It is worth mentioning that there are limited exceptions to these restrictions. For example, church officials with a CWP may carry a handgun openly or concealed on school grounds leased by the church during services or other official church activities. This exception may also apply to schools attached to church grounds in certain circumstances.

In summary, while South Carolina's Constitutional Carry laws allow for more flexibility in gun possession, there are still important restrictions in place, especially when it comes to school properties. It is crucial for gun owners to be aware of these laws and to comply with them to avoid legal consequences and ensure the safety of students and staff on school grounds.

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Gun training

As of 2024, South Carolina is a constitutional carry state, meaning that anyone over the age of 18 and legally able to buy a handgun has the right to carry it in public. However, this does not override federal law or other state laws, and there are still restrictions on where guns can be carried within the state. For example, guns are banned in schools and courthouses, and you cannot cross state lines with a loaded handgun without a concealed weapons permit.

Despite the new law, many gun owners in South Carolina still seek out gun training. Rossi, a firearm instructor and co-owner of Warrior Guns and Range in Hardeeville, noted that while there has been a slight dip in people signing up for classes, most people still want to be properly trained.

If you are a new gun owner in South Carolina, there are several things you should know about gun safety and training. Firstly, it is important to familiarize yourself with the gun laws in your state, as well as any applicable federal laws. This includes understanding the locations where guns are prohibited, such as schools and courthouses, and the requirements for crossing state lines with a firearm.

Secondly, it is crucial to learn how to handle and store your firearm safely. This includes knowing how to properly unload your weapon and where to keep it stored when not in use, such as in a safe place inside your vehicle. You should also be aware of the laws regarding the possession of certain types of weapons, such as machine guns, sawed-off shotguns, and rifles, which are illegal to possess, transport, or store in South Carolina.

Additionally, it is important to know when and how you can use your firearm for self-defense. While a visible firearm is not probable cause for an officer to stop and question you, there are specific circumstances in which you may be charged with a crime if you use your firearm, such as pointing it at another person.

Finally, consider seeking out formal gun safety training courses or programs. These courses can provide you with valuable knowledge and skills to handle your firearm safely and effectively. Some states, like Texas, offer free online firearm safety and handling courses that are accessible to the public.

Frequently asked questions

Yes, as of March 2024, South Carolina is the 29th state to pass a constitutional carry law.

Anyone over the age of 18 who can legally own a gun is now able to carry it in public without a permit. This does not apply to those who are prohibited from owning, carrying, or purchasing a firearm.

You cannot carry a gun everywhere in the state. There are still locations where firearms are prohibited, including schools, courthouses, and any college or university property. Employers can also decide whether or not to allow their employees to carry firearms in employer-owned vehicles.

No, you do not need a CWP in South Carolina. However, you can still get one if you wish to carry a gun across state lines.

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