Simone Lawson
South Carolina's constitutional carry law makes it legal for most people to carry a gun in public without a concealed weapon permit. The law, which came into effect in 2024, allows people aged 18 and older to carry a firearm without training or registration. However, there are still restrictions on who can possess a firearm and where it can be carried. For example, carrying a firearm in schools, churches, government, and law enforcement buildings is prohibited. The new law has sparked controversy and concern for public and officer safety.
| Characteristics | Values |
|---|---|
| Gun laws | Legal to carry a gun almost anywhere without a concealed weapon permit, openly or concealed |
| Gun storage | Can be stored anywhere in the vehicle, including on the dashboard, under the seat, in the glove box, or in your pocket |
| Gun registration | No license or registration is required to carry a weapon |
| Gun training | No mandatory training is required to carry a weapon |
| Gun possession | Persons convicted of a felony, persons who are mentally ill, and persons convicted of domestic violence are prohibited from carrying a firearm |
| Gun possession on school property | It is a felony to possess a firearm of any kind on any premises or property owned, operated, or controlled by a school without express permission |
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What You'll Learn
- No license or training is required to carry a gun in South Carolina
- There are still restrictions on who can possess a firearm in South Carolina
- Guns are banned in schools and courthouses in South Carolina
- Gun owners can store their gun anywhere in their vehicle
- South Carolina is the 29th state to adopt the Constitutional Carry Law
No license or training is required to carry a gun in South Carolina
South Carolina's constitutional carry legislation has removed the requirement for a license or training to carry a gun. This means that, with some exceptions, anyone over the age of 18 can carry a gun, openly or concealed, without a permit. This brings South Carolina in line with the US Supreme Court's recent opinions in cases like New York State Rifle & Pistol Association, Inc. v. Bruen (2022).
The new law repeals the requirement for a concealed weapon permit (CWP) and allows people to store their guns anywhere in their vehicles. However, there are still restrictions on who can possess a firearm and where it can be carried. For example, state and federal law prohibit certain people from carrying firearms, including those convicted of a felony, those who are mentally ill, and those convicted of domestic violence. Additionally, carrying a gun in schools, churches, government, and law enforcement buildings remains prohibited.
The South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024 amends the state's code to allow anyone not otherwise prohibited from possessing a firearm to carry one anywhere in the state. This includes amending the code to allow those with express permission from a church official or governing body to carry a concealable weapon on leased school premises during church services or activities.
While the new law removes the requirement for training, some gun owners and instructors still believe it should be mandatory. They argue that education and safety training are critical when carrying a weapon. Despite the removal of mandatory training, the law provides more optional, free gun training across the state.
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There are still restrictions on who can possess a firearm in South Carolina
South Carolina's constitutional carry law allows individuals to carry a gun almost anywhere without a concealed weapon permit, openly or concealed. However, there are still restrictions on who can possess a firearm in the state.
Firstly, South Carolina law prohibits individuals with certain criminal records from possessing firearms. This includes persons convicted of violent crimes, fugitives from justice, and those with arrestable offenses. The state also prohibits felons from possessing firearms, but there are exceptions for certain occupations, such as lawyers, law enforcement officials, and security guards. Additionally, individuals with specific weapons and drug charges may be prohibited from firearm possession.
Mental health is another factor that affects firearm possession in South Carolina. The state prohibits individuals with certain mental health histories from possessing firearms. This includes patients receiving inpatient services for alcohol and drug addiction treatment under the South Carolina Department of Mental Health (SCDMH). Similarly, prisoners under the jurisdiction of the SCDMH and juveniles committed to the custody of the Department of Juvenile Justice are also restricted from possessing firearms.
Furthermore, South Carolina has restrictions on firearm possession for certain individuals involved in domestic violence incidents. The state enacted a law in 2015 prohibiting gun possession by individuals convicted of or subject to court orders for domestic abuse.
There are also specific locations in South Carolina where firearm possession is prohibited. These include law enforcement facilities, courthouses, publicly owned buildings during court sessions, and school or college athletic events not related to firearms. Additionally, it is unlawful to carry a firearm on elementary or secondary school property, except when a church leases the premises and has express permission from the appropriate church official.
South Carolina's Constitutional Carry: What's the Law?
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Guns are banned in schools and courthouses in South Carolina
South Carolina's constitutional carry law allows individuals to carry a gun almost anywhere without a concealed weapon permit (CWP), openly or concealed. However, there are still restrictions on who can possess a firearm and where it can be carried.
Additionally, it is unlawful to carry a firearm into a courthouse, courtroom, or other publicly-owned buildings during court sessions. This restriction applies to state, county, and municipal buildings where court is held.
While South Carolina's constitutional carry law allows for greater flexibility in carrying a firearm, it is important to remember that there are still places, such as schools and courthouses, where guns are prohibited to ensure the safety and security of those spaces.
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Gun owners can store their gun anywhere in their vehicle
In 2024, South Carolina's constitutional carry legislation underwent significant changes, bringing it into line with the US Supreme Court's recent opinions on gun laws. The new law, also known as the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024," allows most people to carry a handgun almost anywhere in the state, either openly or concealed, without a permit. This means that gun owners no longer need a concealed weapon permit (CWP) to carry a firearm.
However, it's important to note that there are still restrictions on who can possess a firearm and where it can be carried. For example, state and federal laws prohibit certain individuals, such as felons, mentally ill persons, and those convicted of domestic violence, from carrying firearms. Additionally, carrying a firearm in schools, churches, government buildings, and law enforcement facilities remains prohibited.
One of the most notable changes under the constitutional carry law in South Carolina is the flexibility it provides to gun owners regarding storing their firearms in their vehicles. Previously, under the old gun laws, gun owners were required to keep their firearms in a closed glovebox, center console, trunk, or secured container in the luggage compartment. Failure to comply with these storage requirements could result in arrest.
Now, with the new constitutional carry law in effect, gun owners have more options for storing their firearms in their vehicles. Specifically, they are no longer restricted to keeping their guns in specific locations within their vehicles. Gun owners can now legally store their firearms anywhere in their vehicle, including on the dashboard, under a seat, in the glove box, or even in their pocket. This change provides gun owners with greater flexibility and convenience when transporting their firearms.
While there is no longer a legal requirement to keep firearms in a locked glove compartment or container within the vehicle, it is still essential to exercise caution and adhere to other applicable laws and regulations. For instance, gun owners should be mindful of any local laws or regulations that may impose additional storage or safety requirements for firearms in vehicles. Additionally, it is worth noting that while not legally mandated, informing law enforcement about the presence of a firearm in your vehicle is generally advisable.
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South Carolina is the 29th state to adopt the Constitutional Carry Law
South Carolina has become the 29th state to adopt the Constitutional Carry Law, allowing people aged 18 and older to carry a firearm without training or having it registered in their name. This law, also known as the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024", went into effect as soon as it was signed by Governor Henry McMaster on March 7, 2024.
The Constitutional Carry Law in South Carolina makes it legal to carry a gun almost anywhere without a concealed weapon permit (CWP), openly or concealed. It repeals the previous requirement of a CWP to carry a concealed firearm. However, there are still restrictions on who can possess a firearm and where one can be carried. For example, state and federal laws prohibit certain individuals, such as felons and the mentally ill, from carrying firearms. Additionally, carrying a weapon in schools, churches, government, and law enforcement buildings remains prohibited.
The new law has sparked controversy and raised concerns for public and officer safety. Some individuals, including gun owners, believe that training should be mandatory for those carrying firearms. However, the law also provides more optional, free gun training across the state. The removal of the training requirement has also led to a slight decrease in individuals signing up for training classes, although many still seek proper education.
The Constitutional Carry Law in South Carolina grants individuals the right to store their guns anywhere in their vehicles, such as on the dashboard, under the seat, in the glove box, or in their pockets. It is worth noting that while there is no requirement to inform law enforcement about carrying a firearm, it is generally advisable to do so. This law brings South Carolina's gun laws in line with the US Supreme Court's recent opinions, including the New York State Rifle & Pistol Association, Inc. v. Bruen (2022) case.
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Frequently asked questions
You must be 18 or older to carry a gun in South Carolina.
No license or training is required to carry a gun in South Carolina. However, there are still rules gun owners need to follow.
Yes, carrying a gun in schools, churches, government, and law enforcement buildings is prohibited.
