Isabella Carter
As of March 2024, South Carolina has become the 29th US state to pass constitutional carry, allowing anyone over the age of 18 to carry a gun in public without a permit. The bill, known as the Second Amendment Preservation Act or the South Carolina Constitutional Carry Act of 2023, was signed into law by Governor Henry McMaster in March 2024, despite concerns from law enforcement and Democrats about the lack of mandated training. The new law repeals the requirement for a CWP (concealed weapons permit) and allows gun owners to carry their firearms openly or concealed.
| Characteristics | Values |
|---|---|
| Date of Enactment | March 8, 2024 |
| Enacted By | Gov. Henry McMaster |
| Bill Name | Second Amendment Preservation Act, South Carolina Constitutional Carry Act of 2023 |
| Key Provision | Allow anyone who can legally own a gun to carry it openly without a permit |
| Age Limit | 18 years or older |
| Training Requirements | Free training program conducted twice monthly by SLED |
| Penalties | Stricter penalties for carrying guns in prohibited places and for committing crimes with concealed weapons |
| Storage | Guns can be stored anywhere in a vehicle |
| Law Enforcement Notification | Not required but recommended |
| Private Property | Owners can prohibit the carrying of concealable weapons |
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What You'll Learn
Open carry is now legal in South Carolina
As of March 7, 2024, open carry is legal in South Carolina. The state's new "constitutional carry" law allows anyone over the age of 18 to carry a gun in public without a permit, as long as they are not prohibited by law. This means that South Carolina residents and non-residents, including those who do not own property in the state or are not military personnel stationed there, can now carry a gun without a permit. The law also repeals the requirement for a CWP (concealed weapons permit) to carry a concealed firearm.
The new law, known as the Second Amendment Preservation Act or the South Carolina Constitutional Carry Act of 2023, was signed by Governor Henry McMaster on March 7, 2024. It allows anyone who can legally own a gun to carry it openly without a permit, bringing South Carolina into line with 28 other states that have similar laws. The bill was passed by the state's House and Senate, despite concerns raised by some Democrats and law enforcement officials about the lack of mandated training and proper holstering techniques.
Under the new law, there are still restrictions on where guns can be carried. It is generally unlawful to carry a weapon in schools, police stations, courthouses, and other places. Additionally, private properties posted with signs stating "No Concealable Weapons Allowed" prohibit both open and concealed carry. The law also includes stricter penalties for people who repeatedly carry guns into places they are not allowed to and for those who commit crimes with concealed weapons without a CWP.
The South Carolina Constitutional Carry Act of 2023 also provides for free gun training, with SLED (South Carolina Law Enforcement Division) required to conduct free firearms training twice a month for anyone who wishes to attend. This training is not mandatory for those wishing to carry a gun in public, but it is required for those seeking to obtain a CWP. The training will cover the proficient use of handguns and state laws pertaining to handguns.
The new law also relaxes restrictions on where guns can be stored in vehicles. Under South Carolina's old gun laws, gun owners could be arrested if their gun was not stored in a closed glove box, center console, trunk, or secured container in the luggage compartment. Now, guns can be stored anywhere in a vehicle, including on the dashboard, under a seat, in the glove box, or in a pocket. However, it is important to note that while there is no requirement to inform law enforcement about carrying a firearm, it is generally recommended to do so.
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No permit is required to carry a gun
As of March 2024, open carry and concealed carry of a gun in South Carolina is legal without a permit for anyone aged 18 or over who is not prohibited by law. This means that South Carolina is a constitutional carry state, and anyone who can legally own a gun is able to carry it in public without a permit.
The new law, also known as the Second Amendment Preservation Act or the South Carolina Constitutional Carry Act of 2023, was signed by Governor Henry McMaster in March 2024. It allows individuals to carry a gun, openly or concealed, without a concealed weapons permit (CWP). The previous requirement to keep a gun in a closed glove box, centre console, trunk, or secured container in the luggage compartment has been repealed, and gun owners can now store their firearms anywhere in their vehicles.
The bill was passed despite concerns raised by police chiefs and lawmakers about untrained residents openly carrying firearms. To address these concerns, the bill includes stricter penalties for those who carry guns into places they are not allowed to, such as schools and courthouses, and for those who commit crimes with a concealed weapon. It also provides for free gun training for adults who choose to take the course.
While no permit is required to carry a gun in South Carolina, there are still some restrictions on where an individual can carry a firearm. For example, private properties posted with 'No Concealable Weapons Allowed' signs prohibit both open and concealed carry. Additionally, it is generally unlawful to carry a weapon in schools, police stations, and active courtrooms, among other places.
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There are still restrictions on where you can carry a gun
As of 7 March 2024, South Carolina became a permitless carry state, meaning that open carry and concealed carry are legal without a permit for anyone aged 18 or older who is not prohibited by law. However, there are still some restrictions on where you can carry a gun.
Previously, under South Carolina's old gun laws, you would be arrested if your gun was not kept in a closed glove box, centre console, trunk, or secured container in the luggage compartment. Now, under the constitutional carry law, you can store your gun anywhere in your vehicle—on the dashboard, under your seat, in the glove box, or in your pocket.
Additionally, areas that are off-limits to concealed carry are also off-limits to open carry. Private properties posted with signs stating 'No Concealable Weapons Allowed' prohibit both open and concealed carry.
To obtain a concealed carry permit, an eight-hour firearms training course approved by the state must be completed. This includes demonstrating proficiency in the use of handguns and state laws pertaining to handguns, as well as covering topics such as statutory and case law relating to handguns and the use of deadly force, and proper storage practices to reduce the possibility of accidental injury to a child.
It is important to note that South Carolina's constitutional carry law does not remove all restrictions on carrying a firearm. While it allows individuals to carry a gun in most places without a permit, there may still be specific locations or situations where carrying a firearm is prohibited or restricted. These could include certain government buildings, schools, or other sensitive areas. It is the responsibility of individuals carrying firearms to be aware of and comply with any applicable restrictions.
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Gun owners no longer need to inform law enforcement
As of March 2024, South Carolina has become the 29th US state to pass constitutional carry, allowing anyone who can legally own a gun to carry it openly without a permit. The bill, known as the Second Amendment Preservation Act or the South Carolina Constitutional Carry Act of 2023, was signed into law by Governor Henry McMaster.
The new law means that gun owners no longer need to inform law enforcement that they have a firearm. Previously, under South Carolina's old gun laws, individuals would be arrested if their gun was not stored in a closed glove box, center console, trunk, or secured container in the luggage compartment. Now, gun owners can store their firearms anywhere in their vehicle, including on the dashboard, under a seat, in the glove box, or in their pocket.
While it is no longer a requirement to inform law enforcement about possessing a firearm, it is still advisable to do so. The new law also includes stricter penalties for those who carry guns into places where they are not allowed, such as schools and courthouses, and for those who commit crimes with a concealed weapon.
The South Carolina Constitutional Carry Act of 2023 amends the state's code to allow individuals to carry handguns, whether concealed or not, unless otherwise prohibited by law. It also addresses the right of employers and private property owners to prohibit the carrying of concealable weapons on their premises.
The passing of the bill has been met with mixed reactions. Some lawmakers and law enforcement officials raised concerns about untrained residents openly carrying firearms. However, supporters of the bill argued that it advances Second Amendment freedoms for law-abiding citizens to protect themselves and addresses real gun crime.
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Stricter penalties for carrying guns in schools
As of March 7, 2024, open carry and concealed carry are legal in South Carolina without a permit for anyone 18 years of age or older who is not prohibited by law. However, South Carolina maintains strict laws and penalties regarding the possession of firearms on school premises.
South Carolina law prohibits possessing a firearm on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, or in any publicly-owned building, without the express permission of the authorities in charge. This includes carrying a firearm on one's person while on elementary or secondary school property. The law also applies to school or college athletic events unrelated to firearms, daycare and preschool facilities, and the offices or business meetings of public school districts. Firearms may be kept inside an attended or locked vehicle on school property if the gun is secured in a closed glove compartment, console, trunk, or container in the luggage compartment.
The penalties for bringing a gun onto school property vary depending on the type of school. For post-secondary schools, such as colleges and universities, individuals face specific penalties in addition to potential confiscation of their weapons. In the case of elementary and secondary schools, students found with firearms are subject to expulsion for a minimum of one year, with the possibility of modification by the district superintendent of education on a case-by-case basis.
South Carolina's constitutional carry law, expected to be implemented by 2025, will allow individuals to carry a gun almost anywhere without a concealed weapon permit (CWP). However, it is important to note that South Carolina's old gun laws, which required specific storage practices for firearms in vehicles, will be repealed. The new law will grant individuals the freedom to store their guns anywhere in their vehicles, including on the dashboard, under the seat, in the glove box, or in their pockets.
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Frequently asked questions
Yes, as of March 8, 2024, Gov. Henry McMaster signed the Second Amendment Preservation Act, also known as the South Carolina Constitutional Carry Act of 2023, into law.
The law allows anyone who can legally own a gun to carry it openly without a permit. It also repeals SC Code § 16-23-460, which required a CWP to carry a concealed firearm.
Yes, there are restrictions on where you can carry a gun in South Carolina. For example, it is unlawful to carry a weapon in schools, police stations, courthouses, and other places. Additionally, private properties posted with signs stating "No Concealable Weapons Allowed" prohibit both open and concealed carry.
No, there is no legal requirement to inform law enforcement that you are carrying a firearm. However, it may be advisable to do so.
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