South Carolina

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In South Carolina, all firearms transfers by licensed dealers are processed directly through the FBI, which enforces the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). In addition, South Carolina has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. S.C. Code Ann. § 16-23-30(B) provides that, subject to certain limited exceptions, no person shall possess or acquire a handgun if he or she:

• Has been convicted of a “crime of violence” in any court (“crime of violence” includes murder; manslaughter (except negligent manslaughter arising out of traffic accidents); rape; mayhem; kidnapping; burglary; robbery; housebreaking; assault with intent to kill, commit rape, or rob; assault with a dangerous weapon; or assault with intent to commit any offense punishable by imprisonment for more than one year.);

• Is a fugitive from justice;

• Is a habitual drunkard;

• Is a drug addict;

• Has been adjudicated mentally incompetent;

• Is a member of a subversive organization;

• Is under the age of 21 (except for members of the United States Armed Forces, active or reserve, National Guard, State Militia or R.O.T.C., when on duty or training; and except for the temporary loan of a handgun for instruction under the immediate supervision of a parent or adult instructor); or

• Is a person who, by order of a circuit judge or county court judge of South Carolina, has been adjudged unfit to carry or possess a firearm (such adjudication may be made upon application by any police officer, or by any prosecuting officer of South Carolina, or by the court on its own initiative).

In addition, section 44-23-1080 states that patients and prisoners under the jurisdiction of the South Carolina Department of Mental Health (“SCDMH”) may not have access to firearms. Furthermore, patients receiving inpatient services in a program under the jurisdiction of the Division of Alcohol and Drug Addiction Services of the SCDMH in a treatment facility operated by SCDMH cannot possess firearms. Section 44-52-165(A).

A juvenile committed to the custody of the Department of Juvenile Justice is prohibited from possessing a firearm. Section 63-19-1670(A), (B)(1).

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Concealable weapons permit holders in South Carolina are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the South Carolina Carrying Firearms section.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks, although federal and state purchaser prohibitions still apply.  See the South Carolina Private/Secondary Sales section.

No relevant statutes currently exist.

*New Legislation Alert*  See LCAV's Recent Developments in State Law page.

Possession Restrictions

A person may not carry a handgun, whether concealed or not, unless he or she is:

• A person granted a concealable weapons permit carrying the weapon under the conditions set forth in the permit;

• A licensed hunter or fisherman engaged in hunting or fishing or going to or from hunting or fishing while in a vehicle or on foot;

• A person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;

• In his or her home or on his or her real property or acting with the permission of the owner or person in legal possession or in legal control of the home or real property;

• A person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk or closed container secured by an integral fastener and transported in the luggage compartment of the vehicle;

• Carrying an unloaded handgun in a secure wrapper from the place of purchase to his or her home or fixed place of business or while changing his or her residence or fixed place of business;

• The owner or person in legal possession or legal control of a fixed place of business, while at the place of business;

• A person engaged in firearms-related activities on the premises of a fixed place of business which conducts, as a regular course of business, activities related to the sale, repair, pawn, firearms training, or use of firearms (unless the premises is posted with a sign limiting possession to concealable weapons permit holders);

• A person transferring a handgun directly from or to a vehicle and a location where one may legally possess the handgun; or

• A person on a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached to the motorcycle.

S.C. Code Ann. §§ 16-23-20, 16-23-50, 16-23-460.

No person may possess any firearm in or on:

• The grounds of the South Carolina state capitol premises or within the capitol building. Section 10-11-320;

• The premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, without the express permission of the authorities in charge of the premises or property, except that a married student residing in an apartment provided by the school when authorized by the person legally responsible for the security of the building. Section 16-23-420(A);

• Any elementary or secondary school property. Section 16-23-430(1);

• Any publicly-owned building or property, without the express permission of the authorities in charge of the premises or property. Section 16-23-420(A) (A very limited exception to this prohibition exists for concealable weapons permit holders under § 16-23-420(F) for interstate highway rest area facilities); or

• A business which sells alcoholic liquor, beer, or wine for consumption on the premises. Section 16-23-465.

Persons are prohibited from possessing a firearm at any park or facility under the jurisdiction of the South Carolina Department of Parks, Recreation and Tourism ("Department"), except:

• Anyone in an area specifically designated by the Department for the use of firearms;

• A person carrying a concealable weapon pursuant to a permit; or

• A licensed hunter with an unloaded firearm in a case or the trunk of a vehicle.

Section 51-3-145(G).

An inmate of a state correctional facility, city or county jail, or public works of a county may not carry a firearm on his or her person or willfully conceal a firearm within any Department of Corrections facility or other place of confinement. Section 24-13-440.

An innkeeper may refuse or deny any accommodations, facilities, or privileges of a lodging establishment to a person whom the innkeeper reasonably believes is bringing in firearms. Section 45-2-30(A)(1)(4).

State administrative regulations govern firearms in:

• Child care centers. S.C. Code Ann. Regs. 114-507(E)(3);

• Group child care homes. S.C. Code Ann. Regs. 114-517(E)(3);

• Child care centers operated by churches or religious entities. S.C. Code Ann. Regs. 114-526(E)(3);

• Foster homes. S.C. Code Ann. Regs. 114-550(H)(18);

• Lands owned by the Department of Natural Resources. S.C. Code Ann. Regs. 123-203, 123-204(D);

• South Carolina Forestry Commission lands. S.C. Code Ann. Regs. 55-1(7);

• Properties of the state farmers’ market. S.C. Code Ann. Regs. 5-190(D)(19); and

• The state penitentiary S.C. Code Ann. Regs. 33-1.

Transportation of Firearms

A person may not transport a handgun except if he or she is:

• A holder of a concealable weapons permit, in compliance with the conditions set forth in the permit;

• A licensed hunter or fisherman going to or from hunting or fishing while in a vehicle or on foot;

• Carrying an unloaded handgun in a secure wrapper from the place of purchase to his or her home or fixed place of business or while changing his or her residence or fixed place of business;

• Transferring a handgun directly from or to a vehicle and a location where one may legally possess the handgun;

• On a motorcycle when the pistol is secured in a closed saddlebag or other similar closed accessory container attached to the motorcycle; or

• In a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk or closed container secured by an integral fastener and transported in the "luggage compartment" of the vehicle.

Section 16-23-20(9).

A luggage compartment is defined as:

[T]he trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term 'luggage compartment' refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, or sport utility vehicle, the term 'luggage compartment' refers to the area behind, but not under, the rearmost seat. In a truck, the term 'luggage compartment' refers to the area behind the rearmost seat, but not under the front seat.

Section 16-23-10(10).

It is unlawful for any passenger to carry or possess a firearm in a bus or any other public transportation. Section 58-23-1830(a)(3).

Any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he or she has rented and upon which an accommodations tax has been paid. Section 23-31-230.

It is unlawful for a person to possess, carry, or have readily accessible a loaded centerfire rifle, or shotgun loaded with a shot size larger than number four on a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent thereto. Section 50-11-760. However, this prohibition does not apply to a centerfire rifle or shotgun contained in a vehicle traveling on a public road, a closed compartment, or a closed vehicle trunk. Id.

Concealed Weapons Licensing Requirements

South Carolina is a "shall issue" state, meaning that the South Carolina Law Enforcement Division ("SLED") must issue a concealable weapons permit if the applicant meets certain qualifications. Pursuant to section 23-31-215(A) (as amended by 2006 S.C. Acts 347 § 2), SLED must issue a permit to carry a concealable weapon to a state resident or qualified nonresident who is at least 21 years of age and who is not prohibited by state law from possessing the weapon (see section 16-23-30(B), and the South Carolina Background Checks section for the list of prohibited categories).

A nonresident of South Carolina is a "qualified nonresident" for purposes of obtaining a permit to carry a concealable weapon if he or she owns real property in South Carolina. Section 23-31-215(A) (as amended by 2006 S.C. Acts 347 § 2).

As part of the application for a permit, an applicant must submit "proof of training." Id. Proof of training means a document that certifies that he or she either can demonstrate a proficiency in both the use of handguns and state laws pertaining to handguns, or has completed an eight-hour handgun education course offered by a law enforcement agency or nationally-recognized organization that promotes gun safety. Section 23-31-210(5) (as amended by 2006 S.C. Acts 347 § 1). The course must include:

• Information on state law relating to handguns and the use of deadly force;

• Information on handgun use and safety;

• Information on the proper storage practice for handguns, with an emphasis on storage practices that reduce the possibility of accidental injury to a child; and

• The actual firing of the handgun in the presence of an instructor.

Id.

SLED is required to promulgate regulations containing guidelines for these courses and their instructors. Id. The guidelines are available at S.C. Code Ann. Regs. 73-300 — 73-340.

The fee for a permit to carry a concealable weapon is $50 (the fee may be waived for disabled veterans and retired law enforcement officers). S.C. Code Ann. § 23-31-215(A) (as amended by 2006 S.C. Acts 347 § 2). In addition, a law enforcement agency may charge a fee not to exceed $5 for the required fingerprinting. Id.

For additional application and background check information, including grounds for suspension and revocation of a permit, see section 23-31-215(A)-(H), (J)-(L), (Q)-(S); S.C. Code Ann. Regs. 73-60.

Generally, the carrying of pistols without a concealable weapons permit is a misdemeanor. S.C. Code Ann. §§ 16-23-20, 16-23-50, 16-23-460. However, a permit is not required for:

• A licensed hunter or fisherman engaged in hunting or fishing or going to or from hunting or fishing while in a vehicle or on foot;

• A person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, while possessing, using, or carrying a handgun in the usual or ordinary course of the business;

• In his or her home or on his or her real property or with the permission of the owner or person in legal possession or in legal control of the home or real property;

• A person in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk or closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; or

• Carrying an unloaded handgun in a secure wrapper from the place of purchase to his or her home or fixed place of business or while changing his or her residence or fixed place of business.

Section 23-31-215(O) (as amended by 2006 S.C. Acts 347 § 2).

          Disclosure or Use of Information

          Duration & Renewal

A concealable weapons permit is valid for four years. Section 23-31-215(p) (as amended by 2006 S.C. Acts 347 § 2). SLED will renew a permit upon payment of a $50 renewal fee (waived for disabled veterans and retired law enforcement officers), submission of a current color photograph, a new set of the applicant’s fingerprints, and a background check. Id.

          Location Limits

A permit to carry a concealable weapon does not authorize a permit holder to carry a concealable weapon into any:

• Police, sheriff, or highway patrol station or any other law enforcement office or facility;

• Detention facility, prison, jail or any other correctional facility or office;

• Courthouse or courtroom;

• Polling place on election days;

• Office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district;

• School or college athletic event not related to firearms;

• Daycare facility or pre-school facility;

• Place where the carrying of firearms is prohibited by federal law;

• Church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body; or

• Hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed unless expressly authorized by the employer.

Section 23-31-215(M) (as amended by 2006 S.C. Acts 347 § 2).

A person violating these location restrictions is not only criminally liable for a misdemeanor, but may also have his or her permit revoked for five years. Id.

Notwithstanding the location restrictions in Section 23-31-215(M), public and private employers retain the right to prohibit a person with a concealable weapons permit from carrying a concealable weapon upon the premises of the business or work place, or while using any machinery, vehicle, or equipment owned or operated by the business. Section 23-31-220(1). Moreover, private property owners or persons in legal possession or control of private property have the right to allow or prohibit the carrying of a concealable weapon upon their premises. Section 23-31-220(2). The posting of a sign stating "No Concealable Weapons Allowed" by the employer, owner, or person in legal possession or control of the property constitutes notice to a person holding a concealable weapons permit that the employer, owner, or person in legal possession or control requests that concealable weapons not be brought upon the premises or into the work place. Id. Section 23-31-235 contains specific requirements for any sign expressing a prohibition on the carrying of a concealable weapon.

Concealable weapons permit holders may not carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession of the property. Section 23-31-225. Violators of this provision, in addition to committing a misdemeanor, may have their permit revoked for five years. Id.

In addition to the usual penalties, a holder of a concealable weapons permit who carries a firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises will have his or her permit revoked. Section 16-23-465.

Permit holders are generally subject to the prohibition on possessing a firearm on the property of a school or on publicly owned property. Section 16-23-420. However, permit holders are allowed to possess a firearm at an interstate highway rest area facility. Section 16-23-420(F).

Permit holders are also subject to generally applicable limits on the locations where firearms may be carried, except as otherwise noted. See section 23-31-215(M) (as amended by 2006 S.C. Acts 347 § 2)(stating that nothing in that section "may be construed to alter or affect" the provisions establishing those limits). Please see the Possession Restrictions section above for further information.

          Reciprocity

Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by South Carolina. Section 23-31-215(N) (as amended by 2006 S.C. Acts 347 § 2). SLED must make a determination as to those states which have permit issuance standards equal to or greater than South Carolina’s standards and must maintain and publish a list of those states with which South Carolina has reciprocity. Section 23-31-215(N) (as amended by 2006 S.C. Acts 347 § 2). The current list of states with which South Carolina has reciprocity can be viewed at the SLED website.

A nonresident of South Carolina is a "qualified nonresident" for purposes of obtaining a permit to carry a concealable weapon if he or she owns real property in South Carolina. Section 23-31-215(A) (as amended by 2006 S.C. Acts 347 § 2).

          Brady Exemption

Concealable weapons permit holders in South Carolina are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the South Carolina Background Checks section.

No relevant statutes currently exist.

South Carolina requires that any retail dealer selling or otherwise transferring, exposing for sale or transfer, or having in his or her possession with intent to sell or otherwise transfer, any handgun, must possess a license to do so.  S.C. Code Ann. § 23-31-130.

The South Carolina State Law Enforcement Division (“SLED”) must grant a license to any person doing business in South Carolina who is not ineligible to purchase, acquire or possess a handgun or be licensed as a dealer. Section 23-31-150. Licenses are valid for two years from the date of issuance. Id. Licensees are authorized to sell handguns at retail subject to the following conditions, the breach of any of which results in forfeiture of the license:

• The license or a copy of the license must at all times and places of sale be available for inspection or displayed where it can easily be read;

• No handgun may knowingly be sold in violation of any provision of Chapter 23-31, Article 3, and no handgun may be sold without clear evidence as to the identity of the purchaser;

• Applicants for a dealer license must post with SLED a bond in favor of the state with surety in the amount of $10,000. In lieu of a bond, a cash deposit or a deposit of other securities acceptable to SLED of a value of $10,000 are accepted;

• Dealers must make available for inspection by the chief of SLED or his or her agents, during normal business hours, all handguns in their possession;

• Applicants for a license shall furnish to SLED a current federal firearms license and are required to maintain that federal firearms license in good standing as a condition of holding a South Carolina retail dealer license; and

• Any violations of the provisions of Chapter 23-31, Article 3 by a dealer will result in forfeiture of the dealer license.

Section 23-31-150.

Under section 23-31-180, no licensed retail dealer may hold, store, handle, sell, offer for sale, or otherwise possess in his or her place of business a pistol or other handgun which has a die-cast, metal alloy frame or receiver which melts at a temperature of less than 800 degrees Fahrenheit.

No person may purchase a handgun from a dealer unless he or she is a resident of South Carolina or on active duty in the United States military. Section 23-31-140(A).

Any pistol or other handgun possessed or sold by a dealer in violation of South Carolina law regulating handguns is contraband and must be forfeited to or seized by the law enforcement agency in the municipality where the firearm was forfeited or seized, or to the law enforcement agency in the county where forfeited or seized if originally forfeited or seized outside a municipality. Section 23-31-180. The handgun must be destroyed by the law enforcement agency which seized the weapon or the law enforcement agency to which the weapon is forfeited. Id.

Federally Licensed Firearms Dealers

There are 724 federally licensed firearms dealers and pawnbrokers in South Carolina. Federal firearms licensee totals for South Carolina as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

For state laws governing gun sales generally, see the South Carolina Private/Secondary Sales section.

No relevant statutes currently exist.

South Carolina Code Annotated § 15-73-40(A) provides that in a products liability action involving firearms or ammunition, whether a firearm or ammunition shell is defective in design must not be based on a comparison or weighing of the benefits of the product against the risk of injury, damage, or death posed by its potential to cause that injury, damage, or death when discharged.

Moreover, in a products liability action brought against a firearm or ammunition manufacturer, importer, distributor, or retailer that alleges a design defect, the burden is on the plaintiff to prove, in addition to any other required elements, that:

• The actual design of the firearm or ammunition was defective, causing it not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition; and

• Any defective design was the proximate cause of the injury, damage, or death.

Section 15-73-40(B).

Section 31-18-30(A) prohibits a nuisance action for noise against a shooting range or the owners, operators, or users of the range, located in the vicinity of that person’s property if the shooting range was established when the person acquired the property, except if there is a substantial change in the use of the range within the last three years. A person who acquired property before a shooting range is established in the vicinity may maintain a nuisance action regarding noise against the range if the action is brought within five years after establishment of the range, or three years after a substantial change in use of the range. Section 31-18-30(B). See the South Carolina State Preemption section for further information.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Under South Carolina Code Annotated § 23-31-180, no licensed retail dealer may hold, store, handle, sell, offer for sale, or otherwise possess in his or her place of business a pistol or other handgun which has a die-cast, metal alloy frame or receiver which melts at a temperature of less than 800 degrees Fahrenheit.

Any pistol or other handgun possessed or sold by a dealer in violation of South Carolina law regulating handguns is contraband and must be forfeited to or seized by the law enforcement agency in the municipality where the firearm was forfeited or seized, or to the law enforcement agency in the county where forfeited or seized if originally forfeited or seized outside a municipality.  Id.  The handgun must be destroyed by the law enforcement agency which seized the weapon or the law enforcement agency to which the weapon is forfeited.  Id.

South Carolina’s Attorney General may have the authority to promulgate firearms safety standards under the South Carolina Unfair Trade Practices Act, S.C. Code Ann. § 39-5-20 et seq., according to research conducted by the Center to Prevent Handgun Violence.  For details, view the Center’s report, “Targeting Safety."

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Under South Carolina Code Annotated § 16-23-30, the state prohibits any person under age 21 from possessing or acquiring a handgun. Firearms dealers are prohibited from knowingly selling, offering for sale, delivering, leasing, renting, bartering, or exchanging any handgun to any person under age 21. Id. Federal law prohibits unlicensed persons from selling, delivering, or otherwise transferring a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5).

There is no minimum age to possess rifles and shotguns in South Carolina. Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in South Carolina, although federal and state purchaser prohibitions still apply. See the South Carolina Background Checks section for a list of prohibited purchasers of handguns. South Carolina Code Annotated § 16-23-30(A) prohibits the sale or delivery of a handgun to a prohibited purchaser.

Section 16-23-30(C) prohibits the purchase, sale, transport, receipt, and possession of any stolen handgun or handgun from which the original serial number has been removed or obliterated.

It is unlawful to furnish a firearm to:

• A juvenile committed to the custody of the Department of Juvenile Justice while on the institutional grounds of the Department. Section 20-7-8035;

• A patient or prisoner of the South Carolina Department of Mental Health ("SCDMH"). Section 44-23-1080; or

• A patient receiving inpatient services in a program under the jurisdiction of the SCDMH. Section 44-52-165.

No relevant statutes currently exist.

No relevant statutes currently exist.