What are the gun laws in SC? 

South Carolina’s “Constitutional Carry” law was passed this year, effective March 7, 2024. The new gun laws removed restrictions for people who want to carry their firearms without a permit in SC, but there are still criminal charges for people who are not permitted to carry firearms or people who use guns in an unlawful manner. 

In this article, we will cover SC’s criminal gun laws, including:

• The different types of gun charges under SC law, 
• The potential penalties for gun charges in SC, and 
• The changes to SC gun laws in the 2024 Constitutional Carry law. 

Gun Laws in SC: Criminal Gun Charges

South Carolina’s gun laws include many different examples of criminal charges that can result from unlawful carry or use of a firearm. 

When can you be arrested and charged with a crime in SC based on your possession or use of a firearm? 

Gun Charges in South Carolina

Unlawful Possession of a Handgun

Under SC Code Section 16-23-30, you could be charged with unlawful possession of a handgun if you possess a handgun and you:

• Have been convicted of a crime of violence, 
• Are a fugitive from justice, 
• Are a habitual drunkard or drug addict, 
• Have been adjudicated mentally incompetent, 
• Are a member of a subversive organization, 
• Are under the age of 18, or
• Have been “adjudged unfit to carry or possess a firearm.” 

Any person who sells a handgun or gives a handgun to someone who is prohibited can also be charged under 16-23-30. 

The amended SC Code § 16-23-50 (amended under the 2024 Constitutional Carry law) has increased penalties for unlawful possession/carry:

• A misdemeanor that carries up to one year in prison for a first offense, 
• A misdemeanor that carries up to three years in prison for a second offense, 
• A felony that carries up to five years in prison for a third or greater offense.

Possession of a Stolen Handgun

16-23-30 also makes it a crime to possess, buy, or sell a stolen handgun or a handgun “from which the original serial number has been removed or obliterated.” 

Of course, possessing a stolen handgun requires proof that the person knew the handgun was stolen when they possessed it.  

Machine Guns and Sawed-Off Shotguns

It’s also a crime in SC to possess, transport, store, or keep a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, with some exceptions including:

• Military organizations authorized by law to purchase or receive machine guns, military firearms, sawed-off shotguns, or sawed-off rifles,
• Manufacturers of machine guns or military firearms who are licensed by the federal government,
• Law enforcement when required in the course of their duties,
• Others who are licensed by the Treasury Department, ATF, or other federal agencies, 
• Machine guns, sawed-off rifles, or sawed-off shotguns displayed as “relics” if they are “rendered harmless not usable,” and
• Antique firearms. 

Under SC Code § 16-23-260, violations of SC gun laws related to machine guns, sawed-off shotguns, or sawed-off rifles are felonies that carry up to ten years in prison. 

Pointing and Presenting

SC Code § 16-23-410 makes it a felony that carries up to five years in prison “to present or point at another person a loaded or unloaded firearm.” 

Possession of a Firearm on School Property 

SC Code § 16-23-420 prohibits possessing or carrying a firearm on school property, displaying or brandishing a firearm on school property, or threatening someone with a firearm on school property. 

A violation is a felony that carries up to ten years in prison. 

You can keep your firearm in your vehicle on school property, but it must be “secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle.”

Possession of a Firearm During the Commission of a Violent Crime

Under SC Code § 16-23-490, if a person is convicted of possession of a firearm during the commission of a violent crime as defined in SC Code Section 16-1-60, the person must be sentenced to an additional five years. 

Although the additional five years is mandatory, the court could make it concurrent (served at the same time as the sentence for the violent crime) or consecutive (served after the sentence for the violent crime). 

Felon in Possession of a Handgun

It is against the law for a person who has been convicted of a felony that is also a violent crime as defined in SC Code Section 16-1-60 to possess a firearm or ammunition – it’s a felony offense under SC Code § 16-23-500 that carries up to five years in prison. 

SC’s New 2024 Constitutional Carry Law

SC’s new 2024 Constitutional Carry law, House Bill H. 3594, was signed into law and went into effect on March 7, 2024. 

The biggest change to SC gun laws is that it is no longer a crime to carry a firearm without a concealed weapon permit in SC. 

Anyone who is not otherwise prohibited (see unlawful possession above) can carry a firearm just about anywhere in the state, whether it is open carry or concealed carry. 

You are still prohibited from carrying a firearm anywhere that concealed carry permit holders were prohibited from carrying before the amendments, including:

• Law enforcement or detention facilities, 
• Courthouses “where court is held and during the time that court is in session,”
• Polling places on election day, 
• School or college athletic events, 
• Daycares or preschools, 
• Anyplace federal law prohibits the carrying of a firearm, 
• Churches without permission, 
• Hospital without permission, 
• Someone else’s house without permission, or
• Anyplace marked with a sign that complies with SC Code § 23-31-235. 

Unlawful Carry/ Unlawful Possession Expungements in SC

The 2024 Constitutional Carry law also amended SC Code § 22-5-910 to allow for expungements of unlawful possession or unlawful carry charges in SC:

• If you have an unlawful possession conviction before March 7, 2024, you can get it expunged, but you must apply before March 7, 2029. 
• If you are convicted of a first offense unlawful possession under the new law, you can get it expunged three years after the date of your conviction. 

Questions About Gun Laws in SC?

Lexington, South Carolina criminal defense lawyer Kent Collins may be able to help if you have been charged with a crime under SC gun laws. 

Get in touch with Kent by phone at 803-808-0905 or use this form to reach him online to schedule your in-person consultation.