Isabella Carter
On March 7, 2024, South Carolina Governor Henry McMaster signed the Constitutional Carry bill into law, allowing anyone who can legally own a gun in the state to carry it openly without a permit or prior training. The bill, also known as the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024, passed the state House and Senate with overwhelming support, making South Carolina the 29th state in the US to pass such legislation. The new law has sparked debate, with some expressing concerns about public safety and the potential impact on law enforcement, while others argue it expands Second Amendment rights for law-abiding citizens.
| Characteristics | Values |
|---|---|
| Name of the bill | South Carolina Constitutional Carry, Second Amendment Preservation Act of 2024 |
| Other names | South Carolina Constitutional Carry Act of 2023, Constitutional Carry Act, Constitutional Carry bill |
| What it does | Allows anyone who can legally own a gun in South Carolina to openly carry without a permit or prior training |
| Exceptions | Guns are banned in schools and courthouses |
| Other exceptions | Guns must be kept locked in the vehicle while on capitol grounds and must be stored in a place that is not readily accessible |
| Other provisions | Stricter penalties for people who carry guns into places they are not allowed to, including schools and courthouses |
| Other provisions | Adds penalties for those who commit a crime with a concealed weapon who do not have a CWP |
| Other provisions | A property owner, holder of a lease interest, or operator of a business can prohibit patrons from entering with a firearm by posting a “NO CONCEALABLE WEAPONS ALLOWED” sign |
| Other provisions | A person convicted of knowingly carrying a firearm into a liquor, beer or wine store for consumption on the premises is guilty of a misdemeanor |
| Other provisions | Graduated penalties for violations |
| Other provisions | Procedures for returning found handguns |
| Status | Passed in the House and the Senate; signed into law by Governor Henry McMaster on March 7, 2024 |
| Effective date | March 7, 2024 |
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What You'll Learn
The South Carolina Constitutional Carry Act of 2023
Key Provisions
- Allow individuals to possess firearms on capitol grounds under certain circumstances, such as when locked in a vehicle that is not readily accessible.
- Make it legal to carry handguns in the state, with specific location exceptions where firearms are prohibited, such as schools and courthouses.
- Increase penalties for individuals who enter premises with signs prohibiting firearms while possessing a firearm, charging them with trespassing.
- Enhance penalties for individuals who repeatedly carry guns into places they are not allowed, including schools and courthouses.
- Implement stricter penalties for those who commit crimes with a concealed weapon without a valid permit.
Law Enforcement Concerns
Law enforcement officers in South Carolina have raised concerns about the bill, particularly regarding untrained residents carrying firearms in public. They argue that training is essential to ensure public safety and that the removal of training requirements could lead to unintended consequences. However, supporters of the bill counter that constitutional carry does not change who can carry firearms or where they can be carried.
Final Thoughts
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The South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024
Key Provisions:
- Permitless Carry: The law allows anyone who can legally own a gun in South Carolina to carry it openly in public without a concealed weapons permit or prior training. However, guns are still banned in certain places, such as schools and courthouses.
- Stricter Penalties: The act imposes stricter penalties for individuals who carry guns into prohibited places and for those who commit crimes with concealed weapons without a permit.
- Free Training Program: While not mandatory, the bill includes a free training program offered twice monthly by SLED to encourage safe gun handling.
- Property Owner Rights: Property owners, leaseholders, and business operators can prohibit patrons from entering with firearms by posting a "NO CONCEALABLE WEAPONS ALLOWED" sign.
- Capitol Grounds Exception: The act specifies that individuals with firearms who are authorized to park on capitol grounds or in the parking garage must keep their firearms locked and secured in their vehicles, inaccessible to anyone upon entry.
- Law Enforcement Exemption: Law enforcement officers or personnel authorized by school officials are exempt from weapons restrictions while on elementary or secondary school property.
Law Enforcement Perspective:
The South Carolina Police Chief's Association opposed the bill, citing safety concerns. However, the South Carolina Sheriff's Association remained neutral. Law enforcement officials emphasize the importance of gun safety training and anticipate a shift in the dynamic between police and the community due to the increased prevalence of firearms.
Second Amendment Rights:
Governor McMaster highlighted that the act expands the Second Amendment rights of law-abiding citizens and enhances penalties for illegal gun use and possession. South Carolina became the 29th state in the country to pass constitutional carry legislation.
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Law enforcement opinions
In March 2024, South Carolina's "constitutional carry" law, H. 3594, went into effect, allowing anyone not otherwise prohibited from possessing a firearm to carry a gun anywhere in the state, openly or concealed, without a permit or training. This new law has sparked concerns among law enforcement officials who worry about the potential impact on community relations and the safety of their officers.
Prior to the bill's passage, several law enforcement agencies across the state testified before legislators, expressing their opposition to the bill. They cited concerns about untrained residents carrying firearms and the potential for dangerous situations for law enforcement and the public. Sen. Nikki Setzler, D-Lexington, claimed that not a single law enforcement officer had expressed support for the bill during its consideration.
Academy Director Jackie Swindler acknowledged the potential for a shift in dynamics between law enforcement and the community due to the new law. He suggested that officers and deputies might need to adjust their approach when responding to calls and conducting traffic stops, given the increased likelihood of encountering armed individuals. Newberry County Sheriff Lee Foster shared similar concerns, emphasizing the importance of mandatory training to ensure that well-intentioned individuals do not inadvertently break the law.
The South Carolina Police Chiefs Association formally opposed the bill, and Sheriff Foster noted that the presence of guns on school campuses, even if stored in vehicles, was a particular cause for concern. However, the South Carolina Sheriff's Association maintained a neutral stance on the matter.
Despite these concerns, some law enforcement officials have chosen to focus on adapting to the new legislation. Director Swindler, while acknowledging the potential challenges, advised officers to train to be as safe as possible under the new law. He also recommended that individuals voluntarily disclose the presence of weapons to law enforcement, especially during traffic stops, for everyone's safety.
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Gun safety concerns
South Carolina's gun laws have been described as weak, with the state missing the majority of the 50 key policies. The state has one of the highest rates of gun homicides in the nation. In 2024, lawmakers repealed the state's concealed carry permit requirement, allowing people to carry loaded firearms in public without training or a background check. This has raised concerns about untrained residents openly carrying firearms and has been opposed by law enforcement officers.
The new law will allow anyone legally able to carry a firearm in public without a concealed weapons permit or training. It creates a free training program put on twice a month by SLED. 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 a crime with a concealed weapon. A property owner or business operator can prohibit patrons from entering with a firearm by posting a "NO CONCEALABLE WEAPONS ALLOWED" sign.
Some gun safety policies that are in place in South Carolina include regulations on ghost gun parts, barring the sale of gun magazines larger than a prescribed size, and requiring new handgun models to include microstamping technology. The state also allows lawsuits against manufacturers and dealers whose conduct results in harm, and bars domestic abusers from having guns while subject to short-term emergency orders.
Despite these policies, concerns remain about the lack of comprehensive gun safety laws in South Carolina. The state has not closed the Charleston Loophole, which allowed the mass shooter who attacked the Emanuel AME Church in 2015 to obtain a gun while a background check was still pending. This loophole continues to pose a risk to public safety.
Gun safety advocacy groups such as Everytown for Gun Safety and its grassroots network, including South Carolina Moms Demand Action and Students Demand Action, have been actively working to promote gun safety in the state. They have endorsed candidates who support gun reform and advocated for the passage of common-sense gun legislation.
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Gun training
As of March 2024, it is legal to carry a concealed weapon in South Carolina without a permit or training. However, the new law also creates a free training program, put on twice a month by SLED. This program is designed to address concerns raised by police chiefs and law enforcement officers about untrained residents openly carrying weapons.
While the constitutional carry bill removes the requirement for gun training to carry a concealed weapon, it is still important to consider seeking training to ensure safe and responsible gun ownership. The National Rifle Association (NRA) offers a variety of firearm training courses and resources to promote the safe handling, use, and storage of firearms. The NRA's network of over 125,000 instructors, range safety officers, and coaches provides education and training to develop safe, ethical, and responsible shooters. Their programs cater to a range of skill levels, from beginners to developing competitors.
The NRA Marksmanship Qualification Program, for example, is a self-paced training program that provides incentive awards for improving marksmanship skills on various firearm platforms. They also offer the NRA Coach Education Program, which provides outstanding coach education and athlete training at the club, high school, collegiate, and national levels.
In addition to the NRA, there are other organizations that provide gun training and certification courses, such as the Minnesota Gun Class, which offers Permit to Carry certification courses. These courses can be ideal for beginners or advanced shooters looking to improve their skills and knowledge in gun safety and responsible gun ownership.
Seeking out gun training, even when not legally required, can help ensure that gun owners are well-informed and capable of handling their firearms safely and effectively. It can also provide an opportunity to connect with a community of like-minded individuals who prioritize safety and responsibility in gun ownership.
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Frequently asked questions
The "Constitutional Carry" bill, also known as the "South Carolina Constitutional Carry Act of 2023", allows anyone who can legally own a gun in South Carolina to carry it openly without a permit or prior training.
The bill includes stricter penalties for people who carry guns into places they are not allowed to, such as schools and courthouses. It also lowers the eligible age for a concealed weapons permit (CWP) from 21 to 18.
The "Constitutional Carry" bill was signed into law by South Carolina Governor Henry McMaster on March 7, 2024.
The bill has faced opposition from gun safety advocates, who argue that it will make South Carolina more dangerous and increase gun deaths. Law enforcement officers have expressed concerns about the lack of training for gun carriers, which could potentially change the dynamic between police and the community. However, supporters of the bill argue that it expands Second Amendment rights for law-abiding citizens.
Yes, with the passing of this bill, South Carolina became the 29th state in the country to implement constitutional carry.
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