Malcolm Rivera
South Carolina's constitutional carry law, H. 3594, went into effect on March 7, 2024, after being signed by Governor Henry McMaster. The law 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 a firearm and where it can be carried. For example, certain places like courthouses and police departments are off-limits, and individuals prohibited by state or federal law, such as felons or the mentally ill, cannot carry firearms. The new law also establishes a free training program and stricter penalties for those who carry guns into prohibited places or commit crimes with concealed weapons.
| Characteristics | Values |
|---|---|
| Name of the bill | South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024 |
| Bill number | H. 3594 |
| Date of ratification | 7th March 2024 |
| Date of coming into effect | 7th March 2024 |
| Key provisions | No requirement of a concealed weapon permit (CWP) or firearms training to carry a gun |
| No need to inform law enforcement about possessing a firearm | |
| Free firearms training program to be put on twice monthly by SLED | |
| Stricter penalties for people carrying guns into places they are not allowed to, including schools and courthouses | |
| Stricter penalties for those who commit a crime with a concealed weapon without a CWP | |
| A property owner or operator of a business can prohibit patrons from entering with a firearm by posting a “NO CONCEALABLE WEAPONS ALLOWED” sign | |
| Unlawful carry/possession of firearm offenses can be expunged after three years if eligible | |
| Unlawful carry/possession of firearm offenses under the old law may be expunged if eligible and application is made before 7th March 2029 |
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What You'll Learn
- The bill was signed into law by Gov. Henry McMaster on March 7, 2024
- The law allows anyone who can legally possess a firearm to carry it in public without a CWP
- Free firearm training programs will be offered twice a month by SLED
- Stricter penalties will be imposed for unlawful possession/unlawful carry
- Gun owners can now store their firearms anywhere in their vehicles
The bill was signed into law by Gov. Henry McMaster on March 7, 2024
On March 7, 2024, Gov. Henry McMaster signed the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024" into law. The bill, also known as H. 3594, underwent a lengthy legislative process before reaching the governor's desk.
The bill's journey began in the South Carolina House of Representatives, where it faced debate and amendments before being passed. It then moved to the Senate, which made additional amendments that were later rejected by the House. A conference committee was convened to resolve the differences between the two chambers, and the final bill was agreed upon.
The "Constitutional Carry" law makes significant changes to South Carolina's gun laws. It allows anyone not prohibited by state or federal law from possessing a firearm to carry a gun anywhere in the state, either openly or concealed, without a permit. This includes the ability to carry a firearm on school premises under certain conditions. However, it is still unlawful to carry a firearm into specific locations, such as law enforcement facilities, courthouses, and certain school-related events.
The new law also establishes a free firearms training program offered twice monthly by the South Carolina Law Enforcement Division (SLED). It strengthens penalties for certain gun-related offenses, such as carrying a firearm into prohibited places and committing crimes with a concealed weapon. Additionally, it provides clarity on the storage of firearms in vehicles, allowing individuals to store them anywhere in their vehicle unless they are on school property.
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The law allows anyone who can legally possess a firearm to carry it in public without a CWP
The "Constitutional Carry Bill" or H. 3594, was signed into law by South Carolina Governor Henry McMaster on March 7, 2024. The bill allows anyone who can legally possess a firearm to carry it in public without a concealed weapons permit (CWP) or training. This means that most people in South Carolina can carry a handgun anywhere in the state, openly or concealed, without a permit.
The new law repeals the requirement for a CWP to carry a concealed firearm under SC Code § 16-23-460. It also repeals SC Code § 23-31-230 and SC Code § 23-31-225 as they are now covered under the new laws. However, it is 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 and those with mental illnesses, from possessing firearms. Additionally, carrying a firearm in sensitive locations like courthouses, police departments, and schools is prohibited.
The bill also includes provisions for free training programs conducted twice a month by SLED, although these classes are not mandatory. It imposes stricter penalties for individuals who carry guns into places they are not allowed to, such as schools and courthouses. It also adds penalties for those who commit crimes with concealed weapons without a CWP. Property owners, leaseholders, or business operators can prohibit patrons from entering with firearms by posting a "NO CONCEALABLE WEAPONS ALLOWED" sign.
The "Constitutional Carry" law in South Carolina brings the state's gun laws in line with recent US Supreme Court opinions, such as the New York State Rifle & Pistol Association, Inc. v. Bruen (2022) case. It is based on the Second Amendment, which states, "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."
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Free firearm training programs will be offered twice a month by SLED
South Carolina's gun laws underwent a significant change in 2024 with the passing of the "Constitutional Carry Bill," H. 3594. This bill allows most individuals to carry a handgun anywhere in the state, either openly or concealed, without a permit. The bill was signed into law by Governor Henry McMaster, and its provisions took effect immediately upon his signature.
One notable aspect of the bill is that it removes the requirement for a concealed weapon permit (CWP) and firearms training to carry a handgun. However, free firearm training programs will still be offered twice a month by the South Carolina Law Enforcement Division (SLED). These programs, known as CWP training courses, will be available to all South Carolina residents aged 18 and above and will cover essential topics such as safety, firearm laws, and self-defense.
The SLED training courses are designed to provide individuals with valuable knowledge about gun safety and relevant laws. While not mandatory, these courses are highly recommended for anyone considering carrying a firearm. They are especially useful for gaining an understanding of when and how to obtain a permit, even though a permit is no longer legally required.
To register for the SLED training courses, individuals can visit the SLED website, choose their preferred county, and submit a class request. Participants will receive confirmation and additional class details one week before the scheduled date. The courses are conducted in collaboration with certified instructors and law enforcement agencies to ensure the information provided is accurate and up-to-date.
The implementation of the "Constitutional Carry Bill" has sparked debates about public safety, the potential lack of training among gun carriers, and the dangers faced by law enforcement. However, supporters of the bill argue that it upholds the Second Amendment right to bear arms and that individuals who are prohibited from possessing firearms by state or federal law are still restricted from doing so.
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Stricter penalties will be imposed for unlawful possession/unlawful carry
The "Constitutional Carry Bill" or "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024" allows most people to carry a handgun almost anywhere in the state, openly or concealed, without a permit. However, stricter penalties will be imposed for unlawful possession or unlawful carry.
Unlawful possession or unlawful carry is one of the most common gun charges in South Carolina. South Carolina Code § 16-23-30 prohibits the possession of a stolen handgun and the possession or sale of a handgun to a qualifying person if they have been convicted of a violent crime, are a fugitive from justice, have been adjudicated incompetent, are a member of a subversive organization, are under 18 years old, or have been judged unfit to possess a firearm by a circuit court. It is also illegal to possess, transport, store, or keep a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle in the state. Pointing or presenting a firearm at another person is a felony that carries a sentence of up to five years in prison.
In addition, you can be charged with unlawful possession if you have a gun on your person while under the influence of drugs or alcohol. This can result in felony charges with a sentence of up to five years in prison if the firearm is stolen. Most unlawful possession charges are treated as a misdemeanor and carry a sentence of up to one year in prison.
The new law also imposes stricter penalties for those who carry guns into places they are not allowed to, such as schools and courthouses, and for those who commit a crime with a concealed weapon without a CWP. A property owner or business operator can prohibit patrons from entering with a firearm by posting a "NO CONCEALABLE WEAPONS ALLOWED" sign.
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Gun owners can now store their firearms anywhere in their vehicles
South Carolina's "constitutional carry" law, H. 3594, went into effect on March 7, 2024, after being signed by Governor Henry McMaster. The law allows anyone not prohibited from possessing a firearm to carry a gun anywhere in the state, either openly or concealed, without a permit.
This means that gun owners in South Carolina can now store their firearms anywhere in their vehicles, rather than in a closed glovebox, center console, trunk, or secured container in the luggage compartment, as was previously required. This change applies as long as the vehicle is not on school property, in which case the old rules still apply.
While gun owners are no longer required to inform law enforcement that they have a firearm, it is still advisable to do so. The new law also provides for stricter penalties for those who carry guns into places they are not allowed to, such as schools and courthouses.
Additionally, the law creates a free training program put on twice monthly by SLED, although it is not mandatory. The bill also includes provisions for the expungement of certain unlawful carry or possession of firearm offenses after three years, as well as the repeal of several sections of the SC Code related to concealable weapons permits.
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Frequently asked questions
SC's constitutional carry legislation went into effect on March 7, 2024, after Gov. Henry McMaster signed the bill.
The legislation allows anyone who is legally able to carry a gun to do so in public without a concealed weapons permit or training. It also includes stricter penalties for people who carry guns into places they are not allowed to, such as schools and courthouses.
Yes, there are still restrictions on where you can carry a gun in SC. For example, you cannot carry a gun into a law enforcement facility, courthouse, or school. Additionally, certain locations may be clearly marked with a sign prohibiting carrying a concealable weapon on the premises.
