South Carolina CWP Guide

South Carolina Concealed Weapon Permit Basics

If you are at least eighteen and not otherwise prohibited from possessing a firearm, you do not need a permit to carry in South Carolina. H. 3594, signed March 7, 2024 and codified as 2024 Act No. 111, "authorizes individuals who are not otherwise prohibited from possessing a firearm, to legally possess a firearm openly or concealed without training and without a concealed weapons permit issued by SLED," and SLED reads the act to allow "individuals 18 years old and older to carry firearms openly or concealed without a permit" (SLED, H. 3594 Constitutional Carry Guidance). The permit statute agrees: the availability of a permit "must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one's person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law" (S.C. Code 23-31-215(O)(2)).

The Concealed Weapon Permit (CWP) survived that act. SLED describes what is left: "This legislation leaves in place the CWP program run by SLED for individuals who wish to continue carrying a firearm pursuant to a permit. The CWP will continue to give the individual reciprocity with other recognizing states and makes purchasing a firearm from a dealer easier."

The permit comes from Article 4 of Chapter 31, Title 23, which "may be cited as the 'Law Abiding Citizens Self-Defense Act of 1996'" (S.C. Code 23-31-205). It covers a "concealable weapon," defined as "a firearm having a length of less than twelve inches measured along its greatest dimension that may be carried openly on one's person or in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property" (S.C. Code 23-31-210(5)).

Who is eligible

Issuance is qualified. S.C. Code 23-31-215(A) opens "Notwithstanding any other provision of law, except subject to subsection (B)," and subsection (B) is where the reviews sit. SLED must issue the permit to a resident or qualified nonresident "who is at least eighteen years of age and who is not prohibited by state law from possessing the weapon" once the items listed in S.C. Code 23-31-215(A) are submitted and the review that follows is favorable. On submission, SLED "must conduct or facilitate a local, state, and federal fingerprint review of the applicant" and also "must conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides," or where a qualified nonresident owns real property in this State. The sheriff "may submit a recommendation on an application," which SLED must consider before deciding, and if "the fingerprint review and background check are favorable, SLED must issue the permit" (S.C. Code 23-31-215(A) and (B)). The age line changed in 2024: 2024 Act No. 111, SECTION 23, "in (A), substituted 'eighteen years of age' for 'twenty-one years of age'."

• Resident: "an individual who is present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders" (S.C. Code 23-31-210(1)).
• Qualified nonresident: "an individual who owns real property in South Carolina, but who resides in another state" (S.C. Code 23-31-210(2)), who submits proof of that ownership (S.C. Code 23-31-215(A)(3)) in the form of "a certified current document from the county assessor" (S.C. Code 23-31-210(6)). SLED uses its Non-Resident CWP Real Property Tax Form (Form R-168) for this.

The package under S.C. Code 23-31-215(A) is a signed application, a photocopy of a driver's license or photographic identification card, proof of residence or property ownership, proof of vision, proof of training, and fingerprints subject to the medical waiver in item (6). APPLICATION_PROCESS carries the mechanics.

Training is a submission item, not a carry requirement. "Proof of training" is defined at S.C. Code 23-31-210(4), which recognizes a handgun education course completed "within three years before filing an application" plus several military, law enforcement, and instructor equivalents. S.C. Code 23-31-210(4) sets the training routes.

The disqualifiers are cross-references, not a list inside 23-31-215

S.C. Code 23-31-215(A) does not enumerate disqualifying convictions. It conditions issuance on the applicant being "not prohibited by state law from possessing the weapon," and S.C. Code 23-31-215(F)(1) makes the applicant certify "he is not a person prohibited under state law from possessing a weapon." The prohibitions sit elsewhere:

• Handgun possession or acquisition is unlawful for a person convicted of "a crime of violence," a "fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent," a member of a subversive organization, a person under eighteen, or a person "adjudged unfit to carry or possess a firearm" by a circuit or county court judge (S.C. Code 16-23-30(A) and (B)). A violation of Article 1, Chapter 23, Title 16 other than S.C. Code 16-23-20 is "a felony," and on conviction the person "must be fined not more than two thousand dollars or imprisoned not more than five years, or both" (S.C. Code 16-23-50(A)(1)).
• Possessing a firearm or ammunition is unlawful for a person "convicted of a crime punishable by a maximum term of imprisonment of more than one year," subject to the exclusions in subsection (F). It is "a felony" carrying "not more than five years" for a first offense, rising to a "mandatory minimum of ten years, but not more than thirty years" for a third or subsequent offense (S.C. Code 16-23-500(A), (B), and (F)).
• It is unlawful "for a person who has been adjudicated as a mental defective or who has been committed to a mental institution to ship, transport, possess, or receive a firearm or ammunition," a "felony" punishable by a fine of "not more than two thousand dollars or imprisoned not more than five years, or both" (S.C. Code 23-31-1040(A) and (B)). Removal of the prohibition runs through S.C. Code 23-31-1030.

Federal law applies on top. SLED's application form has the applicant certify "I am not prohibited from possessing a handgun pursuant to Section 922, Title 18, United States Code," which reaches the prohibited categories at 18 U.S.C. 922(g).

How long it lasts and what you owe SLED

"Upon renewal, a permit issued pursuant to this article is valid for five years" (S.C. Code 23-31-215(P)). The article states that five-year term in the renewal subsection and does not separately state a term for a first-issued permit; SLED's online application walkthrough shows a sample credential "Issued 10/23/2025" and "Expires 10/23/2030." At least thirty days before expiration SLED must notify the holder (S.C. Code 23-31-215(S)). SLED's CWP Replacement Form quotes Proviso 62.20 for what happens while a renewal or replacement is pending: "A concealed weapons permit remains valid during the pendency of the renewal or replacement process so long as the application for replacement renewal is submitted prior to the expiration of the permit." S.C. Code 23-31-215(P) sets the renewal steps.

A permit "is valid statewide unless revoked" because the holder became prohibited under state law, moved his permanent residence out of state and no longer owns South Carolina real property, surrendered the permit, or was charged with an offense that on conviction would prohibit firearm possession (S.C. Code 23-31-215(J)). That last ground can be undone: "if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge" (S.C. Code 23-31-215(J)(4)). A revoked permit must be surrendered; failing to do so is "a misdemeanor" punishable by a twenty-five dollar fine (S.C. Code 23-31-215(J)).

Subsection (J) is not the only route to revocation. When a court submits a person's name to SLED by court order for transmission to the National Instant Criminal Background Check System after an adjudication as a mental defective or a commitment to a mental institution, and SLED's review of the permit holder list shows a current permit, "the permit must be revoked and surrendered," and if the holder "fails to return the permit within ten days of being notified of the permit's revocation, SLED shall retrieve the permit from the permit holder" (S.C. Code 23-31-1020(A), (B), and (E)).

Two reporting duties attach to the card, one to the gun:

1. Report a lost or stolen permit card to SLED "within forty-eight hours of the time the permit holder knew or reasonably should have known of the loss or theft," a misdemeanor punishable by a twenty-five dollar fine (S.C. Code 23-31-215(K)).
2. Communicate "any change of permanent address" in writing to SLED "within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit." Failure "constitutes a misdemeanor punishable by a twenty-five dollar fine" (S.C. Code 23-31-215(L)). The original permit stays in force until the corrected card arrives.
3. Report a lost or stolen firearm, rifle, or shotgun "within ten days of discovery" to the local law enforcement agency with jurisdiction (S.C. Code 23-31-215(K)). That duty is not limited to permit holders.

S.C. Code 23-31-215(C) states that "SLED may not charge a fee of any kind for a concealable weapon permit," while the same section still carries a "five-dollar replacement fee" and a further "fee of five dollars" for a change of permanent address, both in subsection (L), and a "fifty-dollar renewal fee" in subsection (P)(1). SLED's own CWP Replacement Form quotes subsection (L) with the fee language omitted. The statute does not say which sentence controls. FEES_COSTS works it through.

You do not have to carry the permit or announce it

2024 Act No. 111 amended S.C. Code 23-31-215 "SO AS TO DELETE THE PROVISIONS REQUIRING PERMIT HOLDERS TO CARRY PERMITS WHILE CARRYING WEAPONS AND IDENTIFYING THEMSELVES AS PERMIT HOLDERS TO LAW ENFORCEMENT OFFICERS" (H. 3594 enrolled act title). SLED agrees: a CWP holder "DOES NOT have a duty to notify a law enforcement officer that they are carrying a firearm," and "is not required to carry his/her CWP." Separately, "a person openly carrying a weapon in accordance with this article does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person" (S.C. Code 23-31-245).

What the permit still gets you

• Reciprocity. SLED says the CWP "will continue to give the individual reciprocity with other recognizing states" (SLED, H. 3594 Constitutional Carry Guidance). That is SLED describing practice. The permit statute does not list the states that recognize a South Carolina permit, and it speaks to the inbound side instead: out-of-state permits held by residents of reciprocal states are honored here where that state requires "a criminal background check and a course in firearm training and safety," and "SLED shall maintain and publish a list of those states" (S.C. Code 23-31-215(N)(1)). South Carolina "shall automatically recognize concealed weapon permits issued by Georgia and North Carolina" (S.C. Code 23-31-215(N)(2)). Those provisions do not authorize an out-of-state holder to carry here "any firearm or weapon other than a handgun" (S.C. Code 23-31-215(N)(3)). RECIPROCITY covers both directions.
• No enhancement under S.C. Code 16-23-495. A person convicted of committing or attempting to commit a crime involving a concealable weapon, in violation of an offense listed in Chapter 23, Title 16 or of S.C. Code 10-11-320, "must be imprisoned not to exceed three years" consecutively. That section "does not apply to a person with a valid permit ... provided that the permit was valid at the time the crime was committed" (S.C. Code 16-23-495(A) and (B)).
• Statewide carry for listed officials. Judges, solicitors, the Attorney General, active county clerks of court, public defenders, and the others listed "who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State," though public defenders may not carry into a correctional facility (S.C. Code 23-31-240(A) and (B)).
• Dealer purchases. SLED states the CWP "makes purchasing a firearm from a dealer easier." SLED does not say how, so confirm the mechanism with the dealer before you rely on it.

What the permit does not do

It does not open the closed places. "A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into any place listed in Section 16-23-20(A) except as permitted by law" (S.C. Code 23-31-215(M)). That list applies "whether or not the person has a concealed weapon permit" and runs to eleven categories, among them law enforcement and detention facilities, courthouses while court is in session, churches without express permission, medical facilities without express authorization, and premises marked with a sign complying with S.C. Code 23-31-235 (S.C. Code 16-23-20(A)). "Nothing in this article shall affect the provisions of Section 16-23-20" (S.C. Code 23-31-217). S.C. Code 16-23-20(A) lists the places.

A person who wilfully violates S.C. Code 23-31-215(M) may be charged under S.C. Code 16-23-20 and, "at the discretion of the court, may have his permit revoked for up to five years," except as provided in S.C. Code 16-23-20(A)(11).

It does not override private control. A public or private employer keeps the right "to prohibit a person who is otherwise not prohibited by law from possessing a handgun from carrying a concealable weapon, whether concealed or openly carried, upon the premises of the business or workplace or while using any machinery, vehicle, or equipment owned or operated by the business" (S.C. Code 23-31-220(A)(1)). A private property owner or person in legal possession or control keeps the right "to allow or prohibit the carrying of a concealable weapon, whether concealed or openly carried, upon his premises" (S.C. Code 23-31-220(A)(2)).

The sign is how that choice is announced. Posting a sign stating "NO CONCEALABLE WEAPONS ALLOWED" by the employer, owner, or person in legal possession or control "shall constitute notice to a person" that the poster "requests that concealable weapons, whether concealed or openly carried, not be brought upon the premises or into the workplace." A person who "knowingly brings a concealable weapon, whether concealed or openly carried, onto the premises or workplace" in violation of that paragraph "may be charged with a violation of Section 16-11-620," and a person convicted of "a second or subsequent violation" of that subsection "must have his permit revoked for a period of one year." The carve-out at the end of the subsection keeps the statute's own scope words: "The prohibition contained in this section does not apply to persons specified in Section 16-23-20(B)(1)" (S.C. Code 23-31-220(B)). The persons specified there are chiefly law enforcement officers: "regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor's constables, law enforcement officers or other authorized personnel of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers" (S.C. Code 16-23-20(B)(1)).

The 2024 act deleted the expired-permit fine, and the code still prints it

The code still prints S.C. Code 23-31-215(U): "A concealable weapon permit holder whose permit has been expired for no more than one year may not be charged with a violation of Section 16-23-20 but must be fined not more than one hundred dollars." 2024 Act No. 111 deleted it: the title says the act amends S.C. Code 23-31-215 "TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS," and SECTION 9 names (K), (M), (O) and (U) as "amended to read" but prints text for (K), (M) and (O) only. The code page prints (U) under a note crediting SECTION 9 with (K), (M) and (O) only. SECTION 3 of the same act rewrote S.C. Code 16-23-20 so that subsection (A) reaches the listed places "whether or not the person has a concealed weapon permit," leaving a lapsed holder who carries where permitless carry is allowed no S.C. Code 16-23-20 violation for (U) to displace.

Statute reference

South Carolina Permitless Carry Under 2024 Act No. 111

Under 2024 Act No. 111 (H.3594), South Carolina allows permitless carry: a person who is not otherwise prohibited from possessing a firearm may carry a handgun openly or concealed without a concealed weapon permit. S.C. Code 16-23-20 no longer bans carrying a handgun in general; it now bars carrying one into eleven listed places.

Act 111 replaced the general handgun carry ban with a list of eleven barred places

SECTION 3 rewrote 16-23-20 in full. The operative sentence is now "It is unlawful, whether or not the person has a concealed weapon permit, for anyone to carry about the person any handgun, whether concealed or not, unless otherwise specifically authorized by law into a:" followed by the eleven-item list in 16-23-20(A).

SECTION 15 repealed S.C. Code 16-23-460, the old concealed weapons offense, and two sections of the permit article whose former titles the code page records as "Carrying concealed weapons into residences or dwellings" and "Carrying concealed weapons between automobile and accommodation." SECTION 14 amended S.C. Code 51-3-145(G) so the state park firearm prohibition "shall not apply to a person in possession or carrying a concealable weapon, as defined in Section 23-31-210(5)."

Permitless carry is confirmed twice in the permit article

S.C. Code 23-31-215(O)(1) says a permit "is not required for a person ... carrying a concealable weapon in a manner not prohibited by law." S.C. Code 23-31-215(O)(2) adds that the availability of a permit "must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one's person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law."

S.C. Code 23-31-245, added by SECTION 19, provides that "A person openly carrying a weapon in accordance with this article does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person." An officer may still act on "a particularized and objective basis for suspecting" the person of criminal activity.

There is no duty to notify. The act's title says it amends 23-31-215 "TO DELETE THE PROVISIONS REQUIRING PERMIT HOLDERS TO CARRY PERMITS WHILE CARRYING WEAPONS AND IDENTIFYING THEMSELVES AS PERMIT HOLDERS TO LAW ENFORCEMENT OFFICERS," and the Code notes that 2024 Act No. 111, SECTION 9, rewrote 23-31-215(K), (M), and (O). SLED reads that as meaning a permit holder or a person carrying without a permit "DOES NOT have a duty to notify a law enforcement officer that they are carrying a firearm."

Age: the rewritten carry statute sets none, but two other provisions do

S.C. Code 16-23-20 as rewritten states no minimum age for carry. Do not tell students it does. Two other statutes set the floor. S.C. Code 16-23-30(A)(3) makes it unlawful to sell or deliver a handgun to "a person under the age of eighteen," and 16-23-30(B) makes it unlawful "for a person enumerated in subsection (A) to possess or acquire handguns within this State." S.C. Code 23-31-215(A), as amended by SECTION 23, requires SLED to issue a permit to a resident or qualified nonresident "who is at least eighteen years of age and who is not prohibited by state law from possessing the weapon."

SLED's Constitutional Carry Guidance states that the law "allows individuals 18 years old and older to carry firearms openly or concealed without a permit."

"Handgun" and "concealable weapon" are defined terms

S.C. Code 16-23-20(A) uses "handgun," which S.C. Code 16-23-10(1) defines as a firearm designed to expel a projectile and to be fired from the hand, excluding antiques, curiosities, collector's items and firearms that do not fire fixed cartridges. The permit article and 16-23-495 use "concealable weapon," defined in S.C. Code 23-31-210(5) as "a firearm having a length of less than twelve inches measured along its greatest dimension ..."

Firearms in vehicles

S.C. Code 16-23-20(D): "Notwithstanding any provision in this section, a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied." Note the wording shift: 16-23-20(A) is written around "handgun," while subsection (D) is written around "firearm."

Where permitless carry is still barred

S.C. Code 16-23-20(A) bars carrying a handgun into:

• a law enforcement, correctional, or detention facility;
• a courthouse, courtroom, or other publicly owned building where court is held, while court is in session;
• a polling place on election days;
• the office or business meeting of a county, public school district, municipality, or special purpose district governing body;
• a school or college athletic event not related to firearms;
• a daycare or preschool facility;
• a place where carrying is prohibited by federal law;
• a church or other established religious sanctuary, without express permission;
• a hospital, medical clinic, doctor's office, or other facility where medical services or procedures are performed, unless expressly authorized;
• another person's residence or dwelling place, without express permission;
• a place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises in compliance with S.C. Code 23-31-235.

S.C. Code 23-31-215(M) says a permit "does not authorize a permit holder to carry a concealable weapon into any place listed in Section 16-23-20(A) except as permitted by law." 16-23-20(B) excepts sworn officers, certain facility employees, service members on duty, qualified retired officers under S.C. Code 23-31-600, and the permit-holding officials listed in S.C. Code 23-31-240.

Posted signs are trespass, not a carry charge

S.C. Code 16-23-20(A)(11) is explicit: a person who violates it, "whether the violation is wilful or not, only may be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this subsection." S.C. Code 16-11-620 carries a fine of not more than two hundred dollars or imprisonment for not more than thirty days.

Private control survives. SECTION 10 amended S.C. Code 23-31-220, which still preserves an employer's right to prohibit carry "upon the premises of the business or workplace" and an owner's right to allow or prohibit it on his premises. Under 23-31-220(B), knowingly bringing one onto posted premises "may be charged with a violation of Section 16-11-620." SECTION 10 also added 23-31-220(D), which says the section "must not be construed to limit an individual from carrying a concealable weapon pursuant to Section 51-3-145(G)."

Penalties for unlawful carry are graduated

SECTION 4 of the act rewrote S.C. Code 16-23-50(A)(2). A person violating 16-23-20 is guilty of:

• a misdemeanor, fined not more than one thousand dollars or imprisoned not more than one year, or both, for a first offense;
• a misdemeanor, imprisoned not more than three years for a second offense;
• a felony, imprisoned not more than five years for a third or subsequent offense.

Other violations of the handgun article remain a felony under S.C. Code 16-23-50(A)(1), fined not more than two thousand dollars or imprisoned not more than five years, or both.

Carrying without a CWP during a crime can add up to three years

SECTION 22 added S.C. Code 16-23-495. Under 16-23-495(A), a person convicted of committing or attempting to commit a crime involving a concealable weapon, in violation of an offense listed in Chapter 23, Title 16, or of S.C. Code 10-11-320, "must be imprisoned not to exceed three years." A term of imprisonment imposed for violating the section "must be served consecutively to any term of imprisonment imposed for the underlying offense, and may not exceed the actual sentence imposed for the underlying offense." Under 16-23-495(B) it "does not apply to a person with a valid permit," valid at the time of the crime. Under 16-23-495(C) the additional punishment may not be imposed unless the indictment alleged as a separate count that the person possessed a concealable weapon without a valid concealed weapon permit during the commission of the crime and conviction was had upon that count, and the penalties may not be imposed unless the person was at the same time indicted and convicted of the underlying crime.

S.C. Code 16-23-495(D) requires SLED to develop a document and distribute it to federally licensed retailers, who "shall provide the document to gun purchasers." SLED publishes it as the Required Notification to Gun Purchasers.

What a permit still buys

SLED says the permit "will continue to give the individual reciprocity with other recognizing states and makes purchasing a firearm from a dealer easier." S.C. Code 23-31-215(N)(2) says South Carolina "shall automatically recognize concealed weapon permits issued by Georgia and North Carolina."

SLED must provide a free permit training course

SECTION 21 added S.C. Code 23-31-215(V). Under 23-31-215(V)(1), SLED "shall provide a statewide concealed weapon permit training course that satisfies the proof of training requirement for the issuance of a concealed weapon permit." The same paragraph says SLED "may not charge participants a fee of any kind for the concealed weapon permit training course provided for in this subsection." S.C. Code 23-31-215(V)(2) says the course "must be offered in every county in South Carolina at least twice per month." SLED's Constitutional Carry Guidance, its notice on H. 3594, said this training "will not be available to the public until the General Assembly appropriates funding in this year's budget." SLED's Sponsored CWP Courses page now carries a registration link.

Limits and duties that still apply after Act 111

• Prohibited persons. Act 111 did not amend S.C. Code 16-23-30, whose history ends with 2008 Act No. 192, and 16-23-30(B) still bars possession by the persons listed in 16-23-30(A). 18 U.S.C. 922(g) still bars possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year" and by the other federal categories.
• Felon in possession. SECTION 16 rewrote S.C. Code 16-23-500. The trigger in 16-23-500(A) is now a conviction for "a crime punishable by a maximum term of imprisonment of more than one year," as narrowed by 16-23-500(F). Under 16-23-500(B): first offense, not more than five years; second offense, a mandatory minimum of five years but not more than twenty; third or subsequent offense, a mandatory minimum of ten years but not more than thirty.
• Schools. SECTIONS 6 and 7 deleted the permit-holder exemptions from S.C. Code 16-23-420 and S.C. Code 16-23-430, so a permit no longer helps on school property. The locked-vehicle exception in 16-23-420(A) and 16-23-430(B) remains, and 18 U.S.C. 922(q)(2)(A) still applies in school zones. 18 U.S.C. 922(q)(2)(B)(ii) excepts an individual "licensed to do so by the State in which the school zone is located or a political subdivision of the State" where the law of that State or subdivision requires law enforcement authorities to "verify that the individual is qualified under law to receive the license" before an individual obtains it. S.C. Code 23-31-215(B) requires SLED to "conduct or facilitate a local, state, and federal fingerprint review of the applicant" and to conduct a background check before issuing a permit.
• Alcohol. Under S.C. Code 16-23-465(A), knowingly carrying a firearm into a business selling alcoholic liquor, beer, or wine for on-premises consumption is a misdemeanor, fined not more than two thousand dollars or imprisoned not more than two years, or both, and a person who violates the section while carrying under the permit article must have the permit revoked for five years. SECTION 8 put "knowingly" into subsection (A), deleted the exemption for concealed weapon permit holders, and put in its place the 16-23-465(B)(1) exemption for "a person otherwise lawfully carrying a firearm who does not consume alcoholic liquor, beer, or wine while carrying the concealable weapon on the business' premises." A permit no longer exempts the holder, and 16-23-465(B)(1) exempts only a person who meets the conditions it states. Neither of the other two items in subsection (B) turns on consumption. Under 16-23-465(B)(2), "A person who carries a concealable weapon into a business with a sign posted in compliance with Section 23-31-235 may be charged with a violation of subsection (A)." Under 16-23-465(B)(3), "A person carrying a concealable weapon who refuses to leave a business' premises or portion of the premises when requested or refuses to remove the concealable weapon from a business' premises or portion of the premises when requested may be charged with a violation of subsection (A)."
• Capitol grounds. S.C. Code 10-11-320(A), which Act 111 did not amend, still bars carrying or having readily accessible a firearm or dangerous weapon on the capitol grounds or in the capitol building. SECTION 2 changed 10-11-320(B), substituting "firearms" for the concealable weapons permit clause in the first sentence: the exception now runs to a person who possesses firearms and is authorized to park on or below the capitol grounds, not to permit holders, and the firearm "must remain locked in the person's vehicle" and not readily accessible.
• Permitted public events. S.C. Code 23-31-520(A), which Act 111 did not amend, lets a governing body temporarily restrict open carry on public property at a permitted event.
• Lost or stolen firearms. SECTION 9 rewrote 23-31-215(K), which now requires an owner or other person lawfully in possession to report the loss or theft of a firearm, rifle, or shotgun "within ten days of discovery" to the local agency with jurisdiction.

Effective date

SECTION 27 reads: "This act takes effect upon approval by the Governor." The act was "Approved the 7th day of March, 2024."

SECTION 20 added S.C. Code 17-1-65, which lets a person apply to expunge one pre-act 16-23-20 conviction, with the application due "within five years of the enactment of this section."

Statutes referenced

Concealed Carry Laws in South Carolina

South Carolina does not require a permit to carry a concealed handgun. 2024 Act No. 111, the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024, rewrote S.C. Code 16-23-20 effective March 7, 2024. The same act, at SECTION 15, repealed S.C. Code 16-23-460, the old carrying concealed weapons offense, along with S.C. Code 23-31-225, formerly titled Carrying concealed weapons into residences or dwellings, and S.C. Code 23-31-230, formerly titled Carrying concealed weapons between automobile and accommodation. Carry becomes unlawful when you take a handgun into one of the places S.C. Code 16-23-20(A) lists. That list is not the only source of place restrictions. Subsection (C) says nothing contained in the section may be construed to alter or affect the provisions of S.C. Code 10-11-320, 16-23-30, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, and 51-3-145. One of the eight, S.C. Code 16-23-30, is not a place restriction and is covered below.

SLED's guidance to chiefs and sheriffs states that the act "allows individuals 18 years old and older to carry firearms openly or concealed without a permit." S.C. Code 16-23-20(A) reaches a handgun carried "whether concealed or not," and S.C. Code 23-31-215(O)(2) says the availability of a permit "must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one's person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law." Within the same article, S.C. Code 23-31-245 says a person "openly carrying a weapon in accordance with this article does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person."

The rule in S.C. Code 16-23-20(A)

Subsection (A) reads: "It is unlawful, whether or not the person has a concealed weapon permit, for anyone to carry about the person any handgun, whether concealed or not, unless otherwise specifically authorized by law into a:" followed by eleven places. S.C. Code 23-31-215(M) says a permit "does not authorize a permit holder to carry a concealable weapon into any place listed in Section 16-23-20(A) except as permitted by law," and S.C. Code 23-31-217 says nothing in the permit article affects S.C. Code 16-23-20. The eleven places are:

• law enforcement, correctional, or detention facility
• courthouse, courtroom, or other publicly owned building, whether owned by the State, a county, a municipality, or other political subdivision, where court is held and during the time that court is in session
• polling place on election days
• office of or 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 preschool 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
• hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed, unless expressly authorized by the appropriate entity
• residence or dwelling place of another person without the express permission of the owner or person in legal control or possession of the residence or dwelling place, as appropriate
• place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises in compliance with S.C. Code 23-31-235

Item (11) adds its own charging rule: a person who violates it, "whether the violation is wilful or not, only may be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this subsection." One of the statutes subsection (C) preserves, S.C. Code 51-3-145(G), makes it unlawful at any park or facility under the jurisdiction of the Department of Parks, Recreation, and Tourism to possess any firearm, airgun, explosive, or firework, subject to the exceptions it states for duly authorized park personnel, law enforcement officers, "persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives," and licensed hunters who during hunting seasons keep their firearms unloaded and carried in a case or the trunk of a vehicle, except that in designated game management areas where hunting is permitted those hunters may use firearms for hunting in the manner authorized by law. Its third sentence says the subsection "shall not apply to a person in possession or carrying a concealable weapon, as defined in Section 23-31-210(5)." In that sentence, 2024 Act No. 111, SECTION 14 substituted the words from "in possession" onward for "carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, and the concealable weapon and its ammunition." S.C. Code 23-31-220(D) says S.C. Code 23-31-220 must not be construed to limit an individual from carrying a concealable weapon pursuant to S.C. Code 51-3-145(G).

Who subsection (A) does not apply to

S.C. Code 16-23-20(B) exempts five groups: regular, salaried law enforcement officers and reserve police officers of a state agency, municipality, or county, uncompensated Governor's constables, federal and out-of-state officers carrying out official duties in this State, Natural Resources Enforcement Division deputy enforcement officers, and retired commissioned law enforcement officers; employees of a law enforcement, correctional, or detention facility or a courthouse, while in the course of employment and where the employment requires possession of a firearm; members of the Armed Forces, National Guard, organized reserves, or State Militia when on duty; a "qualified retired law enforcement officer" as defined in S.C. Code 23-31-600, subject to S.C. Code 23-31-600(D); and a person carrying as authorized by S.C. Code 23-31-240.

Handguns in vehicles

S.C. Code 16-23-20(D) provides: "Notwithstanding any provision in this section, a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied." SLED reads it the same way: "there are no restrictions of guns inside vehicles."

Who may not carry at all

S.C. Code 16-23-30(B) makes it unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State. Subsection (A) enumerates, at item (1), "a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent"; at item (2), "a person who is a member of a subversive organization"; at item (3), "a person under the age of eighteen, but this shall not apply to the issue of handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training or the temporary loan of handguns for instructions under the immediate supervision of a parent or adult instructor"; and at item (4), a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm. S.C. Code 16-23-500(A), except as its subsection (F) provides, separately bars firearm and ammunition possession by a person convicted of a crime punishable by a maximum term of imprisonment of more than one year.

Carrying the permit and telling an officer

The current text of S.C. Code 23-31-215 requires no permit holder to carry the permit card while armed or to identify himself as a permit holder. The enrolled act at SECTION 9 amends S.C. Code 23-31-215(K), (M), (O), and (U), and the act's title says it amends the section to delete the provisions requiring permit holders to carry permits while carrying weapons and identifying themselves as permit holders to law enforcement officers. SLED's guidance tells officers that a CWP holder or a person carrying without a permit "DOES NOT have a duty to notify a law enforcement officer that they are carrying a firearm."

What a CWP still does for you

S.C. Code 23-31-215(A) directs SLED to issue a permit to a resident or qualified nonresident who is at least eighteen years of age and not prohibited by state law from possessing the weapon, on the showings that subsection lists, including proof of training. S.C. Code 23-31-210(5) defines a "concealable weapon" first by length: a firearm having a length of less than twelve inches measured along its greatest dimension.

Four things the permit buys you:

1. Out-of-state recognition. Subsection (N)(1) honors out-of-state permits held by residents of reciprocal states that require a criminal background check and a course in firearm training and safety, and (N)(2) automatically recognizes Georgia and North Carolina permits.
2. No sentence enhancement under S.C. Code 16-23-495. That section adds imprisonment not to exceed three years for a person convicted of committing or attempting to commit a crime involving a concealable weapon in violation of an offense listed in Chapter 23, Title 16, or of S.C. Code 10-11-320. Its subsection (B) exempts a person whose permit was valid when the crime was committed.
3. Statewide validity. Subsection (J) makes a permit valid statewide unless revoked on one of four listed grounds, and under subsection (P) a renewed permit is valid for five years.
4. Carry anywhere in the State for listed officials. S.C. Code 23-31-240(A) lets the judges, solicitors, clerks of court, public defenders, and other officials it names carry anywhere in the State on a valid permit. Subsection (B) bars public defenders from carrying into a local or state correctional facility.

Private property, employers, and posted signs

S.C. Code 23-31-220(A) preserves the right of a public or private employer to prohibit carry on the business or workplace premises or while using machinery, a vehicle, or equipment owned or operated by the business, and the right of a private property owner or person in legal possession or control to allow or prohibit carry on his premises.

Under S.C. Code 23-31-220(B), a "NO CONCEALABLE WEAPONS ALLOWED" sign is notice, and a person who knowingly brings a concealable weapon onto the premises in violation "may be charged with a violation of Section 16-11-620," which carries a fine of not more than two hundred dollars or imprisonment for not more than thirty days. A second or subsequent conviction also costs the permit for one year. The prohibition contained in S.C. Code 23-31-220 does not apply to persons specified in S.C. Code 16-23-20(B)(1).

S.C. Code 23-31-235 sets exact specifications, and only a conforming sign counts. Subsection (A) requires the prohibition to be expressed "in both written language interdict and universal sign language." Subsection (B) requires a sign at each building entrance, clearly visible from outside, eight inches wide by twelve inches tall, bearing "NO CONCEALABLE WEAPONS ALLOWED" in black one-inch tall uppercase type.

Businesses that sell alcohol for on-premises consumption

Under S.C. Code 16-23-465(A), a person convicted of knowingly carrying a firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and must be fined not more than two thousand dollars or imprisoned not more than two years, or both. A violator carrying a concealable weapon under Article 4, Chapter 31, Title 23 must also have his permit revoked for five years.

The exception turns on drinking, not on holding a permit. Subsection (B)(1) says the section does not apply to "a person otherwise lawfully carrying a firearm who does not consume alcoholic liquor, beer, or wine while carrying the concealable weapon on the business' premises." A person who violates that item may be charged with a violation of subsection (A). Subsections (B)(2) and (B)(3) route two more situations back to a subsection (A) charge: carrying into a business posted under S.C. Code 23-31-235, and refusing to leave or to disarm when the owner, lease holder, or operator asks.

Penalties for unlawful carry

S.C. Code 16-23-50(A)(2) grades violations of S.C. Code 16-23-20:

• first offense: misdemeanor, fined not more than one thousand dollars or imprisoned not more than one year, or both
• second offense: misdemeanor, imprisoned not more than three years
• third or subsequent offense: felony, imprisoned not more than five years

Under subsection (A)(1), a person who violates any other provision of the article, S.C. Code 16-23-20 excepted, is guilty of a felony and must be fined not more than two thousand dollars or imprisoned not more than five years, or both. Subsection (B) requires confiscation of the handgun involved.

The printed code still carries S.C. Code 23-31-215(U): "A concealable weapon permit holder whose permit has been expired for no more than one year may not be charged with a violation of Section 16-23-20 but must be fined not more than one hundred dollars." The enrolled act deleted it: the title of 2024 Act No. 111 (H.3594) says the act amends S.C. Code 23-31-215 "TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS," SECTION 9 names (K), (M), (O) and (U) as the subsections "amended to read" but prints text for (K), (M) and (O) only, and the amendment note under the codified section records "2024 Act No. 111, SECTION 9, rewrote (K), (M), and (O)." SECTION 3 of the same act rewrote S.C. Code 16-23-20 effective March 7, 2024, and subsection (A) now reaches carrying a handgun into the places it lists "whether or not the person has a concealed weapon permit," so carrying on an expired permit anywhere open to permitless carry is not a violation of S.C. Code 16-23-20, and no charge is left for (U) to displace.

Statutes relied on

Open Carry Laws in South Carolina

Overview

South Carolina permits the open carry of concealable weapons (handguns). The state's open carry laws have evolved through two major legislative acts:

1. 2021 Act No. 66 (H.3094) — Known as the "Open Carry With Training Act", effective August 15, 2021, which first allowed open carry for concealed weapon permit holders.
2. 2024 Act No. 111 (H.3594) — Known as the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024", effective March 7, 2024, which removed the permit requirement for carrying a concealable weapon, whether concealed or openly carried.

Permitless Open Carry (Constitutional Carry)

As of March 7, 2024, under Act No. 111, any person who is legally eligible to possess a firearm may carry a concealable weapon openly or concealed without a permit. The law amended Section 23-31-220(A) to substitute "any person may carry a concealable weapon" for the previous language requiring a valid permit.

Interaction with Law Enforcement (§ 23-31-245)

Section 23-31-245, enacted by 2024 Act No. 111, provides important protections for those openly carrying:

• A person openly carrying a weapon in accordance with the law does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person.
• This does not prevent a law enforcement officer from searching, detaining, or arresting a person when the officer has a particularized and objective basis for suspecting the particular person of criminal activity.
• A person merely carrying a weapon in accordance with the law is not sufficient to justify a search, detention, or arrest.

Signage Requirements for Prohibited Locations (§ 23-31-235)

Property owners and businesses may prohibit the carrying of concealable weapons (whether concealed or openly carried) on their premises, but must comply with specific signage requirements:

Buildings with Doors:

Signs must be posted at each entrance and must be:

• Clearly visible from outside the building
• 8 inches wide by 12 inches tall
• Contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black, 1-inch tall uppercase type, centered at the bottom of the sign
• Contain a black silhouette of a handgun inside a circle 7 inches in diameter with a diagonal line running from lower left to upper right at a 45-degree angle
• Placed not less than 40 inches and not more than 60 inches from the bottom of the entrance door

Premises without Doors:

Signs must be:

• 36 inches wide by 48 inches tall
• Contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black, 3-inch tall uppercase type, centered at the bottom
• Contain a black silhouette of a handgun inside a circle 34 inches in diameter with a 2-inch wide diagonal line
• Placed not less than 40 inches and not more than 96 inches above the ground
• Posted in sufficient quantities to be clearly visible from any point of entry

Public or private employers and business owners may also post their own unique signs regarding the prohibition or allowance of concealable weapons on their premises (§ 23-31-235(D)).

Persons Allowed to Carry Anywhere in the State (§ 23-31-240)

Certain officials who possess a valid concealed weapon permit may carry a concealable weapon anywhere within the state, including locations otherwise prohibited. These include:

• Active Supreme Court justices, appellate judges, circuit court judges, family court judges, masters-in-equity, probate court judges, magistrates, municipal court judges, federal judges, and administrative law judges
• Active solicitors and assistant solicitors
• Active workers' compensation commissioners
• The Attorney General and assistant attorneys general
• Active county clerks of court
• Active public defenders and assistant public defenders (except they may not carry into a local or state correctional facility)

State Preemption (§ 23-31-250)

The State of South Carolina and its political subdivisions cannot be compelled by the federal government to take any legislative or executive action to implement or enforce a federal law, treaty, executive order, rule, or regulation that limits or proscribes carrying concealable weapons, whether concealed or openly carried.

Legislative Encouragement of Training

While no training is required under the constitutional carry law, the General Assembly explicitly encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon (2024 Act No. 111, Section 24).

South Carolina Concealed Carry Training Requirements

Overview

South Carolina has two pathways for legally carrying a concealed weapon: (1) obtaining a Concealed Weapon Permit (CWP), which requires training, and (2) permitless (constitutional) carry under H. 3594, which does not require training but incentivizes it through reduced criminal penalties for CWP holders.

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Training Requirements for CWP Issuance

Statutory Authority

S.C. Code § 23-31-210(4) defines "Proof of Training" for CWP applicants.

Standard Training Course (§ 23-31-210(4)(a))

Applicants must have successfully completed, within three years before filing an application, a basic or advanced handgun education course offered by:

• A state, county, or municipal law enforcement agency, or
• A nationally recognized organization that promotes gun safety

The education course must include, but is not limited to:

1. Statutory and case law — Information on the statutory and case law of South Carolina relating to handguns and to the use of deadly force
2. Handgun use and safety — Information on handgun use and safety
3. Proper storage practices — Information on proper storage practice for handguns with an emphasis on storage practices that reduce the possibility of accidental injury to a child
4. Live fire requirement — The actual firing of the handgun in the presence of the instructor, with a minimum of twenty-five rounds fired
5. Holster techniques — Properly securing a firearm in a holster
6. Cocked and locked carry — "Cocked and locked" carrying of a firearm
7. Firearm retention — How to respond to a person who attempts to take your firearm from your holster
8. De-escalation — De-escalation techniques and strategies

Items (v) through (viii) were added by 2021 Act No. 66 (Open Carry With Training Act), Section 6, effective August 15, 2021.

Exemptions from Full Training (§ 23-31-210(4)(b))

The following individuals need only comply with the statutory/case law instruction requirement (subitem (a)(i) only):

• Military veterans who demonstrate completion of basic military training provided by any branch of the United States military and produce proof of service via a DD214 form
• Retired law enforcement officers who produce proof of graduation from the Criminal Justice Academy (or proof they were a law enforcement officer prior to the Academy graduation requirement)
• Retired state or federal law enforcement officers who produce proof of graduation from a federal or state academy that includes firearms training as a graduation requirement

Additional Categories That Satisfy Proof of Training

The following individuals satisfy the proof of training requirement without the standard course:

• (c) An instructor certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns
• (d) A person who can demonstrate to the Director of SLED or his designee proficiency in both the use of handguns and state laws pertaining to handguns
• (e) An active duty police handgun instructor
• (f) A person who has a SLED-certified or approved competitive handgun shooting classification
• (g) A member of the active or reserve military, or a member of the National Guard

Instructor and Course Standards

SLED is required to promulgate regulations containing general guidelines for courses and qualifications for instructors. For purposes of subitems (a) and (c), proof of training is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in SLED's regulations.

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State-Funded Free Training Program (H. 3594 — Constitutional Carry)

Under the constitutional carry law (H. 3594), SLED is required to establish a statewide, free concealed weapon permit training course:

Key Provisions:

• No fee — SLED may not charge participants a fee of any kind for the training course
• Statewide availability — The training course must be offered in every county in South Carolina at least twice per month
• Demand-based expansion — If demand exceeds capacity in any county, SLED must provide additional classes until sufficient classes are offered at least twice a month
• Delivery methods — SLED may contract with private certified CWP training class instructors or local law enforcement, or SLED itself may provide the course
• Backup provision — If SLED is unable to contract with a certified instructor or local law enforcement in any county, SLED must conduct the training class for that county
• Private instructors preserved — The state-funded program does not prohibit certified CWP training class instructors from providing their own training classes and charging participants a fee

Note: As of the SLED guidance document, this program requires General Assembly funding appropriation before it becomes available to the public. SLED cannot reimburse CWP instructors until funding is appropriated.

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Incentive to Obtain CWP (Enhanced Penalties for Non-Permit Holders)

Under H. 3594, a person convicted of committing or attempting to commit a crime involving a concealable weapon (as defined by § 23-31-210(5)) who does not possess a valid CWP may face an additional imprisonment term of up to three years, served consecutively to the underlying offense sentence. This penalty does not apply to a person with a valid CWP issued pursuant to Article 4, Chapter 31, Title 23, provided the permit was valid at the time the crime was committed.

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CWP Eligibility Requirements (§ 23-31-215)

• Applicant must be at least 18 years of age
• Must be a resident or qualified nonresident of South Carolina
• Must not be prohibited by state law from possessing a weapon
• Must submit a completed application, photocopy of driver's license or photo ID, and proof of training

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Key Definitions

• Concealable weapon (§ 23-31-210(5)): A firearm having a length of less than twelve inches measured along its greatest dimension that may be carried openly on one's person or in a manner hidden from public view in normal wear of clothing, except when needed for self-defense, defense of others, and the protection of real or personal property.

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Relevant Statutes

• S.C. Code § 23-31-210 — Definitions (including proof of training)
• S.C. Code § 23-31-215 — Issuance of permits
• S.C. Code § 23-31-205 — Short title (Law Abiding Citizens Self-Defense Act of 1996)
• H. 3594 — Constitutional Carry Act (establishing permitless carry and state-funded training program)
• 2021 Act No. 66 (H.3094) — Open Carry With Training Act (added training requirements for holster, cocked-and-locked carry, firearm retention, and de-escalation)

How to Apply for a South Carolina Concealed Weapons Permit

You apply to SLED. S.C. Code 23-31-215(H) says an application "must be submitted in person, by mail, or online to SLED headquarters which shall verify the legibility and accuracy of the required documents." SLED must issue the permit to a resident or qualified nonresident at least eighteen years of age who is not prohibited by state law from possessing the weapon, once you submit the six items in S.C. Code 23-31-215(A) and the review in S.C. Code 23-31-215(B) is favorable. There is no application fee. S.C. Code 23-31-215(C) states that "SLED may not charge a fee of any kind for a concealable weapon permit." The code still prints three fees elsewhere in the same section, and a heading below works them through.

The age of eighteen comes from 2024 Act No. 111, SECTION 23, which substituted "eighteen years of age" for "twenty-one years of age" in subsection (A), approved and effective March 7, 2024.

The statute lists six things you must submit

S.C. Code 23-31-215(A) requires all of these:

• A completed application signed by you.
• A photocopy of a driver's license or photographic identification card.
• Proof of residence, or if you are a qualified nonresident, proof of ownership of real property in this State.
• "[P]roof of actual or corrected vision rated at within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver's license." The phrase "rated at within six months" is incomplete as the code reads, and neither the statute nor SLED's pages complete it. A valid South Carolina driver's license satisfies the item on its face.
• Proof of training, as defined in S.C. Code 23-31-210(4). That definition holds seven routes, set out in the next heading, and a handgun course is only the first of them.
• A complete set of fingerprints, unless a medical condition verified in writing by a licensed medical doctor makes that "impossible to submit." You then submit the doctor's statement of reasons, and the Chief of SLED may waive the requirement if you otherwise qualify.

S.C. Code 23-31-215(E) fixes the form's fields, including all residence addresses for the three years preceding the application date. S.C. Code 23-31-215(F) makes you certify that you are not prohibited from possessing a weapon, that the permit is revoked and must be surrendered immediately if you become prohibited, and that your application is true and correct. S.C. Code 16-23-30(B) makes possession or acquisition of a handgun unlawful for the persons its subsection (A) enumerates, among them a person convicted of "a crime of violence," a "fugitive from justice or a habitual drunkard or a drug addict," and a person "adjudicated mentally incompetent."

The statute lists seven proof of training routes, and SLED must offer a free course

S.C. Code 23-31-210(4) defines "proof of training" as "an original document or certified copy of the document supplied by an applicant that certifies that he is either" one of the following:

• Under S.C. Code 23-31-210(4)(a), "a person who, within three years before filing an application, successfully has completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety." The item says that course "must include, but is not limited to" eight subjects, among them subitem (a)(iv), "the actual firing of the handgun in the presence of the instructor, provided that a minimum of twenty-five rounds must be fired."
• Under S.C. Code 23-31-210(4)(b), a person who "demonstrates the completion of basic military training provided by any branch of the United States military who produces proof of his military service through the submission of a DD214 form"; a "retired law enforcement officer who produces proof that he is a graduate of the Criminal Justice Academy or that he was a law enforcement officer prior to the requirement for graduation from the Criminal Justice Academy"; or a "retired state or federal law enforcement officer who produces proof of graduation from a federal or state academy that includes firearms training as a graduation requirement." Item (4)(b) says a person who demonstrates any of these "must comply with the provisions of subitem (a)(i) only," the statutory and case law portion of the course.
• Under S.C. Code 23-31-210(4)(c), "an instructor certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns."
• Under S.C. Code 23-31-210(4)(d), "a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns."
• Under S.C. Code 23-31-210(4)(e), "an active duty police handgun instructor."
• Under S.C. Code 23-31-210(4)(f), "a person who has a SLED-certified or approved competitive handgun shooting classification."
• Under S.C. Code 23-31-210(4)(g), "a member of the active or reserve military, or a member of the National Guard."

S.C. Code 23-31-210(4) directs that "SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item," and adds that for subitems (a) and (c) proof of training "is not satisfied unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item." Those regulations are not published on SLED's CWP pages.

S.C. Code 23-31-215(V)(1) requires SLED to "provide a statewide concealed weapon permit training course that satisfies the proof of training requirement for the issuance of a concealed weapon permit," and says "SLED may not charge participants a fee of any kind" for that course. Under S.C. Code 23-31-215(V)(2) the course "must be offered in every county in South Carolina at least twice per month." SLED's Constitutional Carry Guidance, its notice on H. 3594, said this training "will not be available to the public until the General Assembly appropriates funding in this year's budget." SLED's Sponsored CWP Courses page now carries a registration link.

Step by step, as SLED's own pages describe the filing

The statute above controls. These steps are SLED practice, from its Concealed Weapons Permit page, its online application walkthrough, and its application form updated 03.30.2026.

1. Take a qualifying CWP course, or assemble the paperwork for whichever of the other routes in S.C. Code 23-31-210(4) fits you. SLED's form says your training date, instructor certification number, and student number "must be entered onto the application," that you submit "a signed copy of the current SLED CWP Instructor/Student Checklist," and that the instructor signs the application. Those instructions sit under the form's heading "The following only apply to NEW permit applications," and none of them names an exception for the routes in S.C. Code 23-31-210(4)(b), (d), (f) and (g). The form separately tells "Active/retired South Carolina law enforcement officers exempt from training" to submit "current legal and firearm training documentation," without saying those applicants may leave the three fields or the instructor signature blank. The only exemption SLED publishes for them is for renewals, where its mail guide says a renewal applicant need not supply any of the four. Ask SLED before you file on a route other than a CWP course.
2. Gather documents. SLED's form asks for "a good quality photocopy of their state issued driver's license or officially issued identification card," the Alien Resident card for resident aliens, and for qualified nonresidents "a completed Real Property Tax Form (SLED Form R-168)." Claiming a category means proving it: military orders, a DD214, pension documentation, or a VA disability rating.
3. File. SLED's online route is a nine step application in its applicants portal ending in a typed signature certification. Its mail route sends the paper form to "CWP Application, SLED Regulatory, PO Box 21398, Columbia, SC 29221."
4. Answer the three questions on the form: South Carolina resident or qualified non-resident, training completed, and allowed to possess a handgun. SLED warns that "If any of the answers are 'No' you will not be eligible for a permit."
5. Get fingerprinted. By mail, SLED's guide says a new applicant submits "(2) completed and signed fingerprint cards." Online, the portal has you schedule and attend an IdentoGo appointment before SLED continues processing the application.
6. Wait. SLED's form states "Processing time may be up to 90 days."
7. Receive the permit by mail. SLED's portal says an approved permit comes in the mail and a denial comes "by letter and/or email indicating the reason(s) for denial."

SLED must run a fingerprint review and ask your sheriff

Under S.C. Code 23-31-215(B), SLED "must conduct or facilitate a local, state, and federal fingerprint review" and must also check your background "through notification to and input from the sheriff of the county where the applicant resides," or where a qualified nonresident owns the property. The sheriff may submit a recommendation within ten working days after notification by SLED, and SLED must consider any recommendation provided before deciding.

SLED has ninety days, and silence issues the permit

S.C. Code 23-31-215(C) gives SLED ninety days from the date the application was received to give an unqualified applicant a written statement of its reasons for denial, "otherwise, SLED shall issue a concealable weapon permit." A permit granted that way "may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial." If you cannot comply with S.C. Code 23-31-210(4), SLED "shall offer the applicant a handgun training course" that satisfies it.

A denial goes to the Chief of SLED, then to the Administrative Law Court

S.C. Code 23-31-215(D) sets the route. The appeal must be in writing, must state the basis for the appeal, and must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The Chief "shall issue a written decision within ten days from the date the appeal is received," and an adverse decision must specify the reasons for upholding the denial. It "may be reviewed by the Administrative Law Court pursuant to Article 5, Chapter 23, Title 1," on a petition filed within thirty days from the date the division's decision is delivered.

Qualified nonresidents apply on proof of South Carolina real property

S.C. Code 23-31-210(2) defines a "qualified nonresident" as "an individual who owns real property in South Carolina, but who resides in another state." In place of proof of residence you file proof of ownership under S.C. Code 23-31-215(A)(3), which S.C. Code 23-31-210(6) defines as a certified current document from the assessor of the county in which the property is located, verifying ownership.

SLED's chosen document is Form R-168, the Non-Resident CWP Real Property Tax Form. Under S.C. Code 23-31-215(J), the permit is revoked if you move your permanent residence out of state and no longer own real property here.

Report a lost permit within forty-eight hours and an address change within ten days

S.C. Code 23-31-215(K) requires you to "report the loss or theft of a permit identification card to SLED headquarters within forty-eight hours" of when you knew or reasonably should have known of it. A person who violates that subsection "is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars."

S.C. Code 23-31-215(L) covers replacements and moves. SLED "shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards" after you update all information required in the original application and pay "a five-dollar replacement fee." A change of permanent address "must be communicated in writing to SLED within ten days of the change," with "a fee of five dollars." Failing to notify SLED "constitutes a misdemeanor punishable by a twenty-five dollar fine."

SLED's Concealed Weapon Permit Replacement Form is the paper route, covering a legal name change, a lost, stolen, damaged or destroyed card, a changed address, or an updated DMV photograph. Watch the fee language: SLED's form quotes subsection (L) but omits both five-dollar fees in the code text, and its list of what is required for processing names no fee. SLED's published sources do not say which text controls.

SLED may not charge a fee for the permit, and the code still prints three fees

2021 Act No. 66, SECTION 12.A deleted the former subsection (A) item requiring a fifty-dollar application fee, and SECTION 12.B added the sentence in subsection (C) barring any fee for the permit. The history line under S.C. Code 23-31-215 records both as effective August 15, 2021. S.C. Code 23-31-215(P)(1) still conditions renewal on "payment of a fifty-dollar renewal fee by the applicant," a fee that "must be waived for disabled veterans and retired law enforcement officers." S.C. Code 23-31-215(L) still requires "a five-dollar replacement fee" and "a fee of five dollars" for a change of permanent address. The code does not say which sentence controls. Ask SLED at 803-896-7015 or CWPquestions@sled.sc.gov before you send money. The fees section of this guide works the conflict through.

Carrying does not require a permit, and SLED says one still helps

S.C. Code 23-31-215(O)(2) provides that the availability of a permit "must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one's person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law." SLED's Constitutional Carry Guidance gives the agency's reason people still apply: the permit "will continue to give the individual reciprocity with other recognizing states and makes purchasing a firearm from a dealer easier." The permit does not open the closed places: S.C. Code 16-23-20(A) applies "whether or not the person has a concealed weapon permit," and S.C. Code 23-31-217 says nothing in the permit article affects that section. S.C. Code 23-31-240(A) runs the other way, letting the judges, solicitors, and other officials it names carry "anywhere within this State" if they possess a valid permit, though subsection (B) bars public defenders from carrying into a local or state correctional facility.

What the statute and SLED's pages do not answer

No applicant portrait is required. The statute asks only for the photocopy in S.C. Code 23-31-215(A)(2), and neither it nor SLED's application materials say where the photograph on a new card comes from.

The statute sets no filing deadline after training. The three-year window in S.C. Code 23-31-210(4)(a) governs only the handgun education course route, and neither the statute nor SLED's pages say how long the other routes stay good.

Reference

South Carolina CWP Fees and Costs

The headline is short. Since March 7, 2024, a person who is at least eighteen and not otherwise prohibited from possessing a firearm does not need a permit to carry in South Carolina, and carrying without one carries no state fee. If you still want the Concealed Weapons Permit, S.C. Code 23-31-215(C) says "SLED may not charge a fee of any kind for a concealable weapon permit." What can still cost money is fingerprinting, whatever a private instructor charges for a class, and the handgun, ammunition and eye and ear protection you bring to the range portion.

The statute also still prints three fees that do not line up with that no-fee sentence: a fifty-dollar renewal fee in S.C. Code 23-31-215(P)(1), and a five-dollar replacement fee and a separate five-dollar address-change fee in S.C. Code 23-31-215(L). All three are covered below. Confirm any of them with SLED at 803-896-7015 or CWPquestions@sled.sc.gov before you send money.

Carrying without a permit has cost nothing since March 7, 2024

SLED's Constitutional Carry Guidance, addressed to chiefs, sheriffs and law enforcement officers, describes the change this way: "H. 3594 as signed by the Governor on March 7, 2024, authorizes individuals who are not otherwise prohibited from possessing a firearm, to legally possess a firearm openly or concealed without training and without a concealed weapons permit issued by SLED." The same guidance adds that the law "allows individuals 18 years old and older to carry firearms openly or concealed without a permit."

The statute agrees. S.C. Code 23-31-215(O)(2) provides that "The availability of a permit to carry a concealable weapon under this section must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one's person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law." The history line under 23-31-215 records "2024 Act No. 111 (H.3594), SECTIONS 9, 21, and 23 eff March 7, 2024," and SECTION 1 of that act names it the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024."

SLED's guidance is also clear about what the permit still buys: "The CWP will continue to give the individual reciprocity with other recognizing states and makes purchasing a firearm from a dealer easier." For what the permitless path does and does not allow, see the Constitutional Carry section of this guide.

Fee table

Subsection (C): no fee of any kind for a concealable weapon permit

S.C. Code 23-31-215(A) lists everything a new applicant must submit: a completed signed application, a photocopy of a driver's license or photographic identification card, proof of residence or of real property ownership for a qualified nonresident, proof of vision, proof of training, and a complete set of fingerprints. Money is not on that list.

It used to be. The statute page's own amendment note records that "2021 Act No. 66, SECTION 12.A, in (A), made a nonsubstantive change in (5); deleted former (6), which related to payment of a fifty-dollar application fee; and redesignated former (7) as (6)." The companion note records that SECTION 12.B "deleted the third and fourth sentences, which related to a fifty dollar fee for a handgun training course, and inserted new third sentence, providing that SLED may not charge a fee of any kind for a concealable weapon permit."

SLED's own paper application form, updated 03.30.2026, is consistent with that. It carries a single mailing address line, a block of general instructions, eight numbered instructions that apply only to new permit applications, and checkboxes for disabled veteran, retired or former military, active military, retired law enforcement and active law enforcement applicants. The application page names no fee and no method of payment.

Renewal: the code still prints a fifty-dollar fee that SLED does not collect

S.C. Code 23-31-215(P) provides that "Subject to subsection (Q), SLED shall renew a currently valid permit upon: (1) payment of a fifty-dollar renewal fee by the applicant," and the same item adds that this fee "must be waived for disabled veterans and retired law enforcement officers."

That fee sits in the same section as 23-31-215(C)'s bar on any fee for the permit. The amendment notes under 23-31-215 record 2021 Act No. 66 acting only in (A) and (C), and no amendment to (P) or (L) by that act or by 2024 Act No. 111. 23-31-215(I) separately lets SLED "charge a fee not to exceed its costs in releasing the information under this subsection," the subsection that governs its list of permit holders.

SLED's twenty-one step guide to the paper new and renewal application says nothing about a payment, and its online walkthrough runs a renewal through nine numbered steps that end at "Submit Application for Review," none of which asks for money.

2021 Act No. 66's title says the act amends 23-31-215 "SO AS TO ELIMINATE THE PAYMENT OF AN APPLICATION FEE, AND THE STATE LAW ENFORCEMENT HANDGUN TRAINING COURSE FEE, AND PROVIDE THE DIVISION MAY NOT CHARGE A FEE FOR A CONCEALED WEAPON PERMIT." The South Carolina Revenue and Fiscal Affairs Office, in its fiscal impact statement on H. 3594, published what SLED told it: "SLED reports that the implementation of this bill will have no revenue impact, as the passage of Act No. 66 in 2021 removed the requirement that a person pay SLED a $50 application fee for a CWP." SLED's replacement form, stamped R-02(8/15/2021), the day those 2021 amendments took effect, ends the replacement sentence of (L) at "all information required in the original application," where the code continues "and the payment of a five-dollar replacement fee."

SLED's own materials ask for no money for a new permit, a replacement card or a renewal, and the fifty-dollar renewal fee in (P)(1) and the five-dollar fees in (L) are text SLED does not collect. No SLED page states a fee schedule in so many words, so if you want it in writing, ask SLED at 803-896-7015 or CWPquestions@sled.sc.gov.

SLED's application form carries disabled veteran and retired law enforcement checkboxes, and its application guide says a Disabled Veteran or Retired Law Enforcement applicant "must provide documentation proving such status," without tying that documentation to a fee.

SLED's Sponsored CWP Courses page says "If your CWP is expired, you DO NOT have to retake the class." The same bullet says you can renew online for up to 18 months past the expiration date, and by mailing a paper application if it is over 18 months expired.

The 2024 act deleted the expired-permit fine, though the printed code still shows it

The printed code still carries S.C. Code 23-31-215(U): "A concealable weapon permit holder whose permit has been expired for no more than one year may not be charged with a violation of Section 16-23-20 but must be fined not more than one hundred dollars." The enrolled act deleted it. The title of 2024 Act No. 111 says the act amends 23-31-215 "TO DELETE THE PROVISION RELATING TO PENALTIES FOR CARRYING EXPIRED PERMITS," and SECTION 9 of that act names (K), (M), (O) and (U) as the subsections "amended to read," then prints text for (K), (M) and (O) only. The codified section still prints (U), and the amendment note under it records "2024 Act No. 111, SECTION 9, rewrote (K), (M), and (O)." SECTION 3 of the same act rewrote S.C. Code 16-23-20 effective March 7, 2024, and subsection (A) now bars carrying a handgun into the places it lists "whether or not the person has a concealed weapon permit," so a person carrying on an expired permit where permitless carry is allowed commits no violation of that section, and no charge is left for (U) to replace.

The five-dollar replacement and address-change fees are in the statute but not on SLED's form

S.C. Code 23-31-215(L) reads that "SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five-dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit."

SLED's Concealed Weapon Permit Replacement Form quotes that same subsection, and the quotation drops both fee clauses. The form recites: "Pursuant to Section 23-31-215(L): SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application. Any change of permanent address must be communicated in writing to SLED within ten days of the change." Its "REQUIRED FOR PROCESSING" list asks for a copy of your driver's license, a copy of your CWP if you still have it, an email address and a phone number. It does not ask for money.

The ten-day address deadline in (L) is real regardless of the fee question. Failing to notify SLED "constitutes a misdemeanor punishable by a twenty-five dollar fine," and 23-31-215(K) attaches the same twenty-five dollar fine to failing to report a lost or stolen permit card to SLED headquarters within forty-eight hours.

The five-dollar fingerprinting cap is written for law enforcement agencies

S.C. Code 23-31-215(A)(6) closes with a hard cap: "A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant." That cap is written for law enforcement agencies. Neither the statute nor SLED's pages apply it to a private vendor. 2024 Act No. 111, SECTION 23, amended 23-31-215(A) to read in full and closed it with that same sentence. The amendment note under the section records the change SECTION 23 made in (A) as substituting "eighteen years of age" for "twenty-one years of age."

The vendor matters, because the online route sends new applicants to one. SLED's CWP page states that SLED, "in partnership with IdentoGo by IDEMIA, has developed the SLED EasyPath system," and that new applicants "can submit their CWP application documentation and have their fingerprints taken and sent to SLED electronically" at an IdentoGo site. SLED's online application walkthrough says that "a link to a third party vendor will be provided once you submit the application," and its fingerprint step reads "Click here to schedule a Fingerprint appointment with IdentoGO." Neither that page nor that walkthrough states what IdentoGo charges. Get that number from SLED's CWP page and the IdentoGo scheduling link before you budget for it.

The mail route does not go through the online vendor scheduling step. SLED's mail instructions require "(2) completed and signed fingerprint cards submitted along with your application" for a new permit, and state that a renewal applicant does "NOT have to submit any fingerprint cards."

SLED's training course is free by statute, and private instructors may charge

S.C. Code 23-31-215(V)(1) requires SLED to "provide a statewide concealed weapon permit training course that satisfies the proof of training requirement for the issuance of a concealed weapon permit," and then forbids a charge: "SLED may not charge participants a fee of any kind for the concealed weapon permit training course provided for in this subsection." Subsection (V)(2) requires that course "in every county in South Carolina at least twice per month."

Subsection (C) carries a second training obligation: "If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4)." The amendment note records that 2021 Act No. 66, SECTION 12.B, deleted the sentences of (C) that "related to a fifty dollar fee for a handgun training course," and (C) as printed today attaches no fee to that course.

SLED's Constitutional Carry Guidance, the notice to chiefs, sheriffs and law enforcement officers about H. 3594, said the state-funded course depended on money: "This training will not be available to the public until the General Assembly appropriates funding in this year's budget. Likewise, SLED cannot reimburse CWP instructors until funding is appropriated in this year's budget."

SLED's Sponsored CWP Courses page carries the heading "FREE CONCEALED WEAPONS PERMIT (CWP) CLASSES" and a registration link. The same page names the costs the class does not cover: "There IS a required shooting portion of the CWP course, and you will need to bring a handgun, 25 rounds of ammunition for that handgun, ear protection, and eye protection (sunglasses and glasses are fine)." If you do not own a handgun, the page directs you to "contact the instructor in the confirmation email to arrange to rent a gun for the course." It names no rental price and no ammunition price.

Private training remains a paid market. S.C. Code 23-31-215(V)(3) says the free program "does not prohibit any certified concealed weapon permit training class instructors from providing their own training classes and charging participants a fee." The statute sets no ceiling on that fee.

Who can skip the class, and who can shorten it

Not every applicant has to buy a class. S.C. Code 23-31-210(4) lets several categories satisfy proof of training without one. It counts an instructor "certified by the National Rifle Association or another SLED-approved competent national organization that promotes the safe use of handguns," "a person who can demonstrate to the Director of SLED or his designee that he has a proficiency in both the use of handguns and state laws pertaining to handguns," "an active duty police handgun instructor," "a person who has a SLED-certified or approved competitive handgun shooting classification," and "a member of the active or reserve military, or a member of the National Guard."

The certified-instructor route carries a condition. Item (4) closes with a flush paragraph directing that "SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors which would satisfy the requirements of this item," and then providing that for purposes of subitems (a) and (c), proof of training is not satisfied "unless the organization and its instructors meet or exceed the guidelines and qualifications contained in the regulations promulgated by SLED pursuant to this item." Subitem (c) is the certified-instructor route quoted above. Subitem (a) is the other route the qualifier names, the completed handgun education course.

Three more categories satisfy the training definition by meeting only one part of the course content. Under 23-31-210(4)(b), a person who shows completion of basic military training with a DD214, a retired law enforcement officer who produces proof of Criminal Justice Academy graduation or of service before that requirement, and a retired state or federal officer with proof of academy firearms training "must comply with the provisions of subitem (a)(i) only," which is the item covering "information on the statutory and case law of this State relating to handguns and to the use of deadly force."

The nonresident property form states no fee, and an acquittal restores a permit at no charge

A qualified nonresident applies on proof of South Carolina real property. SLED Form R-168, the "South Carolina Non-Resident Concealed Weapon Permit (CWP) Real Property Tax Form," is a certification signed by a county assessor that the applicant "(non-resident CWP applicant pursuant to S.C. Code Section 23-31-215(A)(3)) currently owns real property in this county." The form states no fee. SLED's application instructions simply require that "Qualified nonresident applicants must submit a completed Real Property Tax Form (SLED Form R-168)."

One more no-cost provision is worth knowing. Under S.C. Code 23-31-215(J)(4), a permit revoked because the person has "been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm" comes back at no cost if he is found not guilty: "However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge."

Where CWP money goes

S.C. Code 23-31-216 directs that "The State Law Enforcement Division shall collect, retain, expend, and carry forward all fees associated with the concealable weapon application, renewal, and replacement of the permit, as provided pursuant to this article." Whatever CWP fees exist are collected, retained, expended and carried forward by SLED. SLED links a Fines and Fees Report for each fiscal year from 2014 through 2024 on its Fines, Fees and Reports page.

Reference table

South Carolina Concealed Weapon Permit (CWP) Renewal Process

Statutory Authority

The renewal process for South Carolina concealed weapon permits is governed by S.C. Code § 23-31-215, subsections (P), (Q), (S), and (U).

Renewal Validity

Upon renewal, a CWP issued pursuant to this article is valid for five (5) years (§ 23-31-215(P)).

Renewal Requirements

SLED shall renew a currently valid permit upon:

1. Payment of a $50 renewal fee — This fee must be waived for:

   • Disabled veterans
   • Retired law enforcement officers (§ 23-31-215(P)(1))

2. Completion of the renewal application (§ 23-31-215(P)(2))

3. Picture identification or facsimile copy thereof (§ 23-31-215(P)(3))

Background Check Requirement

Upon submission of the renewal items, SLED must conduct or facilitate a state and federal background check of the applicant. If the background check is favorable, SLED must renew the permit. (§ 23-31-215(Q))

What Is NOT Required for Renewal

• Fingerprint cards are NOT required for renewal
• Training date, instructor certification number, or student number are NOT needed for renewal
• Instructor signature or date is NOT needed for renewal
• No new proof of training is required

Expiration Notification

At least 30 days before a permit expires, SLED shall notify the permit holder by mail or online (if the permit holder has opted for online communication under subsection (H)) at the permit holder's address of record that the permit is set to expire, along with notification of the opportunity to renew. (§ 23-31-215(S))

Expired Permit Grace Period

A CWP holder whose permit has been expired for no more than one year may not be charged with a violation of Section 16-23-20 but must be fined not more than $100. (§ 23-31-215(U))

How to Renew

Option 1: Online Renewal

• Visit the SLED Applicant System at https://applicants.sled.sc.gov
• Have copies of all required documents ready to upload before beginning
• Alternatively, you may skip the upload step and mail physical copies to SLED
• Documents may include a scanned copy of your driver's license, property tax forms, military ID, etc.

Option 2: Renewal by Mail

1. Download the CWP paper application from SLED's website

2. Enter "Renewal" in the Applicant Type space

3. Write your CWP number in the space provided

4. Complete all personal information fields (name, residential address, mailing address, SSN, driver's license number, DOB, physical description, contact information)

5. Check the appropriate boxes indicating SC residence status and federal applicable questions

6. Sign and date the application

7. Include a copy of your current South Carolina driver's license (address must match the application)

8. If applicable, provide documentation of Disabled Veteran or Retired Law Enforcement status

9. Mail to:

   SC Law Enforcement Division (SLED)
   Attention CWP Renewal
   PO Box 21398
   Columbia, SC 29221

Contact Information

For questions regarding the renewal process, contact the SLED Regulatory Department at 803-896-7015.

Note on Constitutional Carry

Effective March 7, 2024, the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024 (2024 Act No. 111, H.3594) allows permitless carry of a concealable weapon in a manner not prohibited by law (§ 23-31-215(O)). However, the CWP remains available and may be beneficial for reciprocity with other states and other legal purposes. SLED provides Constitutional Carry guidance on their website.

Prohibited Locations for Carrying Concealed Weapons in South Carolina

Updated to reflect the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024 (2024 Act No. 111, H.3594), effective March 7, 2024.

Statutory Prohibited Locations

Under South Carolina law (Section 23-31-215), the following locations are prohibited for carrying concealable weapons, whether concealed or openly carried:

1. Law enforcement, correctional, or detention facility

2. Courthouse or courtroom — or other publicly owned building (whether owned by the State, a county, a municipality, or other political subdivision) where court is held, and during the time that court is in session

3. Polling places on election days

4. Government offices and meetings — office of or business meeting of the governing body of a county, public school district, municipality, or special purpose district

5. School or college athletic events — not related to firearms

6. Daycare facilities or preschool facilities

7. Places where carrying firearms is prohibited by federal law

8. Churches or other established religious sanctuaries — unless express permission is given by the appropriate church official or governing body

9. Medical facilities — hospitals, medical clinics, doctor's offices, or any other facility where medical services or procedures are performed, unless expressly authorized by the appropriate entity

10. Residence or dwelling place of another person — without the express permission of the owner or person in legal control or possession of the residence or dwelling place

11. Places posted with compliant signage — any place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises in compliance with Section 23-31-235. A person who violates this provision (whether willful or not) may only be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of the main subsection.

Private Property and Employer Restrictions (Section 23-31-220)

• Employers (public or private) may prohibit persons from carrying concealable weapons (concealed or openly carried) upon business premises, in the workplace, or while using any machinery, vehicle, or equipment owned or operated by the business.
• Private property owners or persons in legal possession or control may allow or prohibit the carrying of concealable weapons on their premises.
• A sign stating "NO CONCEALABLE WEAPONS ALLOWED" constitutes notice that concealable weapons are not to be brought onto the premises. A person who knowingly brings a concealable weapon onto such premises may be charged with a violation of Section 16-11-620. A second or subsequent conviction results in permit revocation for one year.

Sign Requirements (Section 23-31-235)

Signs prohibiting concealed carry must meet specific requirements:

For buildings with doors:

• Posted at each entrance into the building
• Clearly visible from outside the building
• 8 inches wide by 12 inches tall
• Contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black, 1-inch tall uppercase type, centered at the bottom of the sign
• Contain a black silhouette of a handgun inside a circle 7 inches in diameter with a diagonal line running from lower left to upper right at a 45-degree angle
• Placed not less than 40 inches and not more than 60 inches from the bottom of the building's entrance door

For premises without doors:

• 36 inches wide by 48 inches tall
• Contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black, 3-inch tall uppercase type, centered at the bottom
• Contain a black silhouette of a handgun inside a circle 34 inches in diameter with a 2-inch wide diagonal line
• Placed not less than 40 inches and not more than 96 inches above the ground
• Posted in sufficient quantities to be clearly visible from any point of entry

Exception: Church Use of School Premises (Section 23-31-232)

Upon express permission from the appropriate church official or governing body, any person may carry a concealable weapon on leased school premises when a church leases the school for church services or official church activities. This applies:

• Only during times the church has use and enjoyment of the property pursuant to its lease
• Only to areas within the lease agreement, related parking areas, or reasonable ingress/egress
• Does not apply when students are present for curricular or extracurricular school-sponsored activities

Exempted Persons (Section 23-31-240)

The following persons with a valid CWP may carry a concealable weapon anywhere in the State:

1. Active Supreme Court justices
2. Active judges of the court of appeals
3. Active circuit court judges
4. Active family court judges
5. Active masters-in-equity
6. Active probate court judges
7. Active magistrates
8. Active municipal court judges
9. Active federal judges
10. Active administrative law judges
11. Active solicitors and assistant solicitors
12. Active workers' compensation commissioners
13. The Attorney General and assistant attorneys general
14. Active county clerks of court
15. Active public defenders and assistant public defenders (except they may not carry into a local or state correctional facility)

Vehicle Storage

Under the Constitutional Carry law (2024 Act No. 111), there are no restrictions on firearms inside vehicles. Firearms can be stored anywhere inside a vehicle, openly or concealed.

Key Penalty Reference

Violations of posted signage restrictions are charged under Section 16-11-620 (trespass after notice).

Carrying Firearms in Vehicles in South Carolina

General Rule: Firearms May Be Stored in Vehicles

Under the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024 (2024 Act No. 111, H.3594, effective March 7, 2024), South Carolina law broadly permits the storage of firearms in vehicles.

Section 16-23-20(D) provides:

"Notwithstanding any provision in this section, a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied."

This means that any person who is legally permitted to possess a firearm may keep a firearm anywhere in their vehicle — in the glove compartment, center console, under a seat, in the trunk, or any other location — regardless of whether the vehicle is occupied or unoccupied.

Constitutional Carry Context

With the passage of the Constitutional Carry law (effective March 7, 2024), South Carolina no longer requires a Concealed Weapon Permit (CWP) for lawful carry of a handgun by persons not otherwise prohibited from possessing firearms. This extends to carrying in vehicles as well.

Definition of "Luggage Compartment"

Section 16-23-10(10) defines "luggage compartment" for purposes of the handgun statutes:

• For vehicles with a trunk: the trunk of the motor vehicle
• For vehicles without a trunk: the area designed by the manufacturer for carrying luggage, or the area where luggage is customarily carried
• For station wagons, vans, hatchback vehicles, trucks, or sport utility vehicles: the area behind the rearmost seat

Prohibited Persons

The right to store or carry a firearm in a vehicle does not apply to persons prohibited by law from possessing firearms. Under Section 16-23-30, the following persons may not possess handguns:

• Persons convicted of a crime of violence
• Fugitives from justice
• Habitual drunkards or drug addicts
• Persons adjudicated mentally incompetent
• Members of subversive organizations
• Persons under the age of eighteen (with limited exceptions for military service and supervised instruction)
• Persons adjudged unfit to carry or possess a firearm by court order

Prohibited Locations

Even with the broad vehicle storage provision, firearms carried in or on one's person remain subject to the prohibited locations listed in Section 16-23-20(A), which include:

1. Law enforcement, correctional, or detention facilities
2. Courthouses or courtrooms (during court sessions)
3. Polling places on election days
4. Offices or meetings of governing bodies of counties, school districts, municipalities, or special purpose districts
5. School or college athletic events not related to firearms
6. Daycare or preschool facilities
7. Places where carrying is prohibited by federal law
8. Churches or religious sanctuaries (unless express permission is given)
9. Hospitals, medical clinics, doctor's offices, or other medical facilities (unless expressly authorized)
10. Another person's residence without express permission
11. Places clearly marked with a sign prohibiting concealed weapons per Section 23-31-235

Note: Section 16-23-20(D) uses the phrase "notwithstanding any provision in this section," which provides broad authority for vehicle storage, but persons should exercise caution regarding prohibited locations, particularly those governed by federal law.

Penalties for Violations

Under Section 16-23-50(A)(2), violations of Section 16-23-20 carry the following penalties:

• First offense: Misdemeanor — fine up to $1,000 and/or imprisonment up to 1 year
• Second offense: Misdemeanor — imprisonment up to 3 years
• Third or subsequent offense: Felony — imprisonment up to 5 years

Additionally, the handgun involved in the violation is subject to confiscation.

Key Statutory References

• S.C. Code § 16-23-10 — Definitions (including "luggage compartment")
• S.C. Code § 16-23-20 — Unlawful carrying of handgun; exceptions; vehicle storage provision
• S.C. Code § 16-23-30 — Prohibited persons
• S.C. Code § 16-23-50 — Penalties
• 2024 Act No. 111 (H.3594) — South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024, effective March 7, 2024

South Carolina Transportation Laws for Firearms

Constitutional Carry (Effective March 7, 2024)

Following the passage of H. 3594 (South Carolina Constitutional Carry Act), South Carolina law allows law-abiding adults who are not otherwise prohibited from possessing firearms to carry concealed weapons—including during transport in vehicles—without a Concealed Weapon Permit (CWP). This significantly expanded transportation rights by removing the prior requirement that persons without a CWP store handguns in a closed glove compartment, closed console, closed trunk, or other closed container.

Despite constitutional carry, South Carolina continues to issue CWPs, and there are legal incentives to obtain one (see "Additional Penalty" section below).

General Transportation of Standard Firearms

Under constitutional carry, any person who is legally permitted to possess a firearm may transport it concealed on their person or in their vehicle without a CWP. Persons who are prohibited from possessing firearms—including convicted felons and persons adjudicated as mentally defective—remain prohibited from transporting firearms under any circumstances.

When crossing state lines, travelers should be aware that South Carolina's constitutional carry provisions do not extend beyond state borders. Interstate transport is governed by the laws of each state entered, as well as the federal Firearm Owners Protection Act (18 U.S.C. § 926A), which provides safe passage protections for lawful transport through states with more restrictive laws, provided the firearm is unloaded and not readily accessible.

Prohibited Weapons Transportation (§ 16-23-220)

It is unlawful to transport from one place to another within South Carolina:

• Machine guns
• Military firearms
• Sawed-off shotguns (barrel less than 18 inches or overall length less than 26 inches)
• Sawed-off rifles (barrel less than 16 inches or overall length less than 26 inches)

This prohibition applies to individuals as well as railroad companies, express companies, common carriers, and their officers, agents, or employees.

A person who violates this section must be punished pursuant to § 16-23-260.

Exceptions to Prohibited Weapons Restrictions

Two parallel sets of exceptions exist under § 16-23-250 (Chapter 23, Title 16) and § 23-31-320 (Article 5, Chapter 31, Title 23). Together they exempt:

Military and Government Organizations:

• U.S. Army, Navy, or Air Force
• National Guard
• Organizations authorized by law to purchase or receive such weapons

Law Enforcement and Corrections:

• Peace officers of the State or any county or political subdivision
• State constables
• Members of the highway patrol
• Railway police or wardens
• Superintendents, head keepers, or deputies of state prisons, penitentiaries, workhouses, county jails, city jails, or other detention institutions
• Persons on duty in the U.S. postal service

Common Carriers:

• Common carriers transporting directly to authorized police departments, military or naval organizations, or persons authorized by law to possess such weapons
• Common or contract carriers transporting machine guns or military firearms to or from a licensed manufacturer, if the shipment is not prohibited by federal law

Manufacturers and Licensed Persons:

• Manufacturers licensed under 18 U.S.C. § 921 et seq.
• Persons authorized by the U.S. Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or other empowered federal agencies
• Persons licensed pursuant to § 23-31-370 (special limited license)

Display Weapons:

• Machine guns, sawed-off shotguns, or sawed-off rifles kept for display as relics that are rendered harmless and not usable

Antique Firearms (§ 23-31-350):

• The provisions of Article 5 do not apply to antique firearms (as defined below)

Note: § 16-23-220 cross-references §§ 16-23-250 and 23-31-330. The substantive exceptions are in § 16-23-250 and § 23-31-320. Section 23-31-330 addresses registration requirements for persons permitted to possess these weapons.

Registration Requirements for Restricted Weapons (§ 23-31-330)

Every person permitted by § 23-31-320 to possess a machine gun, sawed-off shotgun, or sawed-off rifle—and any person elected or appointed to an office entitling them to possess such weapons—must upon taking office file a sworn application with the South Carolina Law Enforcement Division (SLED). The application must:

• Be approved by the sheriff of the county in which the applicant resides or has their principal place of business
• Include the applicant's name, residence and business address, physical description
• Disclose whether ever charged or convicted of any crime (municipal, state, or otherwise), and when/where disposed
• Provide a description of the weapon(s) including serial number and make

SLED will register the applicant, assign a registration number, and issue a card that the registrant must keep on their person while in possession of the weapon. Registration expires on December 31 of the year issued.

Exception: No permit or registration is required where weapons are possessed by a governmental entity with a significant public safety responsibility for the protection of life or property (§ 23-31-330(B)).

Manufacturer Provisions (§ 23-31-360)

Machine guns or military firearms manufactured by a firm licensed by the federal government and subject to the Federal Gun Control Act may be legally possessed by the manufacturer without being registered with SLED. However, the manufacturer must furnish SLED the serial numbers of all machine guns or military firearms manufactured within 30 days of manufacture, subject to penalties under § 23-31-340 for noncompliance.

Special Limited License for Machine Guns (§ 23-31-370)

SLED may issue a special limited license for the possession, transportation, and sale of machine guns in South Carolina to:

1. Authorized representatives of machine gun manufacturers or dealers engaged in demonstrating and selling to agencies authorized by law to possess them
2. Persons engaged in professional movie-making or providing services to professional movie-makers who use machine guns for creating "special effects"

The special license is valid for a specified period not to exceed six months. A person who knowingly makes a false statement to obtain the license or violates its terms is guilty of a misdemeanor punishable by a fine of up to $5,000 or imprisonment up to 2 years, or both.

Definitions (§ 16-23-210 / § 23-31-310)

• Machine gun: Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. Includes the frame or receiver of such a weapon, any combination or parts designed for converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if in the person's possession or control.
• Sawed-off shotgun: A shotgun with barrel(s) less than 18 inches in length, or a weapon made from a shotgun with an overall modified length of less than 26 inches or barrel(s) less than 18 inches.
• Sawed-off rifle: A rifle with barrel(s) less than 16 inches in length, or a weapon made from a rifle with an overall modified length of less than 26 inches or barrel(s) less than 16 inches.
• Shotgun: A weapon designed to be fired from the shoulder, using explosive energy in a fixed shotgun shell to fire through a smooth bore either ball shot or a single projectile per trigger pull. Includes weapons readily restorable to fire; excludes antique firearms.
• Rifle: A weapon designed to be fired from the shoulder, using explosive energy in a fixed cartridge to fire a single projectile through a rifled bore per trigger pull. Includes weapons readily restorable to fire; excludes antique firearms.
• Military firearm: Any military weapon, firearm, or destructive device (other than a machine gun) manufactured for military use under federal contract. Excludes pistols, rifles, or shotguns that fire only one shot per trigger pull.
• Antique firearm: Any firearm not designed for rimfire or conventional centerfire ignition with fixed ammunition, manufactured in or before 1898 (including matchlock, flintlock, percussion cap, or similar ignition systems or replicas thereof). Also includes any firearm using fixed ammunition manufactured in or before 1898 for which ammunition is no longer manufactured in the U.S. and is not readily available in ordinary commercial trade.

Penalties

Prohibited Weapons Violations (§ 16-23-260 / § 23-31-340):

Violations of Article 5 (Chapter 31, Title 23)—including unlawful transportation, possession, storage, or sale of machine guns, military firearms, sawed-off shotguns, or sawed-off rifles—constitute a felony punishable by:

• Fine of up to $10,000, or
• Imprisonment of up to 10 years, or
• Both

Unlawful Carrying of a Pistol (§ 16-23-20):

Unlawful carrying of a pistol (first offense) is classified as a misdemeanor punishable by up to one year imprisonment (see § 16-23-50(A)(2)(a)).

Felon in Possession Prohibition

It is unlawful for a person convicted of a crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition within South Carolina. This includes during transportation. Graduated mandatory minimum penalties apply:

• First offense: Imprisonment not more than 5 years
• Second offense: Mandatory minimum of 5 years, up to 20 years
• Third or subsequent offense: Mandatory minimum of 10 years, up to 30 years

Exceptions — "crime punishable by more than one year" does not include:

1. Antitrust violations, unfair trade practices, restraints of trade, or similar offenses relating to the regulation of business practices
2. Offenses classified as a misdemeanor punishable by a term of imprisonment of 5 years or less
3. Any crime for which the conviction has been expunged, set aside, or pardoned, or for which civil rights have been restored—unless such pardon, expungement, or restoration expressly provides that the person may not ship, transport, possess, or receive firearms

Mental Health Prohibition on Transportation (§ 23-31-1040)

It is unlawful for a person who has been adjudicated as a mental defective or who has been committed to a mental institution to ship, transport, possess, or receive a firearm or ammunition.

Penalty: Felony—fine of up to $2,000 or imprisonment up to 5 years, or both.

Petition to Restore Firearm Rights After Mental Health Adjudication (§ 23-31-1030)

A person prohibited under 18 U.S.C. § 922(g)(4) or § 23-31-1040 due to mental health adjudication or commitment may petition the court that issued the original order to remove the prohibition. Key requirements:

• The petition must be accompanied by an authorization and release for disclosure of current and past medical and mental health records
• The court must conduct a hearing within 90 days of receiving the petition
• The petitioner must prove by a preponderance of the evidence that:
  • They are no longer required to participate in court-ordered psychiatric treatment
  • They are determined by the Office of Mental Health or a licensed physician specializing in mental health to be not likely to act in a manner dangerous to public safety
  • Granting relief will not be contrary to the public interest

If relief is granted, the court provides SLED a certified copy of the order, and SLED promptly informs NICS (National Instant Criminal Background Check System). If denied, the petitioner may appeal to the circuit court for de novo review.

Additional Penalty for Crimes Involving Concealable Weapons Without CWP

A person convicted of committing or attempting to commit a crime involving a concealable weapon (as defined by § 23-31-210(5)) who does not possess a valid CWP at the time of the offense faces an additional consecutive sentence of up to 3 years. This additional term may not exceed the actual sentence imposed for the underlying offense.

This additional penalty does not apply to persons holding a valid CWP at the time of the crime.

Procedural requirement: The additional punishment may not be imposed unless the indictment alleged as a separate count that the person possessed a concealable weapon without a valid CWP during the commission of the crime, and conviction was obtained on that count.

SLED informational initiative: SLED is required to develop and distribute documents to federally licensed firearms retailers informing gun purchasers that (1) South Carolina allows lawful carry without a permit and (2) provides a process to obtain a CWP, and that committing a crime with a concealable weapon without a valid CWP may result in additional criminal penalties. SLED must also conduct a regular statewide marketing campaign to this effect.

Carrying Into Prohibited Locations (§ 23-31-215(M))

Carrying a concealed weapon into a prohibited environment is classified as a misdemeanor under South Carolina law. Constitutional carry does not override location-based restrictions on where firearms may be carried.

State Preemption of Local Firearms Ordinances (§ 23-31-510)

South Carolina law expressly prohibits local governments from enacting ordinances that regulate the "transfer, ownership, possession, or transport of firearms, ammunition, or components of firearms." This means municipalities and counties cannot impose transportation restrictions more stringent than state law.

A 2019 South Carolina Attorney General's opinion analyzed the City of Columbia's Ordinance 2019-063 (a gun-free school zone ordinance) and concluded that a court would "most likely conclude that the Ordinance is impermissible" because it attempted to regulate possession of firearms in a manner preempted by § 23-31-510.

Federal Preemption Protections (2021 Act No. 66)

South Carolina law (enacted as part of the "Open Carry With Training Act," effective May 17, 2021) prohibits the use of state funds, personnel, or property to implement or enforce federal laws, treaties, executive orders, rules, or regulations that purport to limit or proscribe the carry of concealable weapons, if the Attorney General renders an opinion that such federal action compels prohibited legislative or executive action. Specifically:

1. No public funds of the State or any political subdivision shall be allocated for implementation or enforcement
2. No personnel or property of the State or any political subdivision shall be allocated for implementation or enforcement
3. No official, agent, or employee of the State or any political subdivision shall implement, attempt to implement, enforce, or attempt to enforce such federal action

Wildlife Management Area (WMA) Vehicle Transport Rules

On WMA lands managed by the South Carolina Department of Natural Resources (SCDNR), all firearms transported in vehicles must be unloaded and secured in a weapons case, in the trunk of a vehicle, or in a locked toolbox. A firearm is considered "loaded" if it has a shell in the chamber, magazine, or (for muzzleloaders) a cap on the nipple or powder in the flash pan.

Exception: On the Francis Marion Hunt Unit during deer hunts with dogs, loaded shotguns may be transported in vehicles.

No target practice is permitted on WMA lands except in specifically designated areas.

Pending Legislation

S. 638 — Voluntary Waiver of Firearm Rights (introduced March 15, 2023, 125th Session): This bill would require SLED to establish a "South Carolina Voluntary Do-Not-Sell Firearms List" allowing individuals aged 18+ to voluntarily waive their right to purchase, possess, or transport firearms. Enrollment would prohibit the person from purchasing, possessing, or transporting firearms. Removal requires a written application with a mandatory 14-day waiting period. Knowing sale to a person on the list would be a felony (up to $2,000 fine or 5 years imprisonment). As of the 2023-2024 session, the bill was referred to the Senate Judiciary Committee's Subcommittee (Climer, ch.) and has not advanced.

Key Statute Cross-Reference Table

Storage Requirements for Firearms in South Carolina

Current Law: No General Storage Requirements

South Carolina does not currently have a general statute requiring specific storage methods for firearms, including those carried under a concealed carry permit. There is no state law mandating the use of gun safes, trigger locks, or locked containers for firearms stored in private residences.

Specific Storage Rules on Wildlife Management Areas (WMA)

On WMA lands managed by the South Carolina Department of Natural Resources (SCDNR), specific storage requirements apply during transport:

• All firearms transported in vehicles on WMA lands must be unloaded and secured in a weapons case, in the trunk of a vehicle, or in a locked toolbox (SCDNR WMA Regulation 3.4).
• A firearm is considered "loaded" if it has a shell in the chamber, magazine, or (for muzzleloaders) a cap on the nipple or powder in the flash pan.
• Exception: On the Francis Marion Hunt Unit during deer hunts with dogs, loaded shotguns may be transported in vehicles.

State Preemption of Local Storage Ordinances

Pursuant to S.C. Code § 23-31-510, South Carolina preempts local governments from regulating the "transfer, ownership, possession, or transport of firearms, ammunition, or components of firearms." A 2019 South Carolina Attorney General opinion confirmed that local ordinances attempting to regulate firearm possession (such as the City of Columbia's Ordinance 2019-063) would most likely be found impermissible under this preemption statute.

Proposed Legislation (Not Enacted)

Several bills have been introduced in the South Carolina General Assembly to create firearm storage requirements, but none have been enacted into law as of the most recent legislative sessions:

H. 4931 (125th Session, 2023-2024) — Criminally Negligent Storage of Firearms

• Introduced: January 24, 2024
• Status: Referred to House Committee on Judiciary on January 24, 2024; no further action recorded
• Proposed Section 16-23-540 would have created the offense of "criminally negligent storage of a firearm"
• Would have required firearms to be secured (placed in a locked container or rendered inoperable by a trigger lock) to prevent access by children (persons under 18)
• Proposed penalties:
  • General violation: misdemeanor, fine up to $1,000 and/or imprisonment up to 1 year
  • If a child discharges the firearm causing death or serious bodily injury: misdemeanor, fine up to $2,000 and/or imprisonment up to 3 years
• Would have required retailers to post warnings about unlawful storage accessible to minors

S. 21 (125th Session, 2023-2024) — Children's Firearm Accident Prevention Act

• Introduced: January 10, 2023
• Status: Currently residing in the Senate Committee on Judiciary (as of last available information)
• Proposed Chapter 24, Title 16 would have created tiered offenses of "criminal storage of a firearm"
• Would have required persons who keep loaded firearms on premises where a child is likely to gain access to store the firearm in a secure location
• Proposed penalties:
  • First degree (child obtains access and causes death): misdemeanor, imprisonment up to 3 years and/or fine up to $2,000
  • Second degree (child obtains access and causes injury or discharge): misdemeanor, imprisonment up to 1 year and/or fine up to $1,000
• Exceptions included: illegal entry, firearm in reasonably secure location, firearm carried on person, trigger lock engaged, law enforcement duties, lawful self-defense, and no reasonable expectation of child presence

H. 3596 (126th Session, 2025-2026) — "The Kingston Act" (Access to Firearms by Children)

• Introduced: January 14, 2025
• Status: Currently residing in the House Committee on Judiciary
• Proposed Article 6, Chapter 23, Title 16 would create offenses of "unsecured firearm" and "unsupervised child firearm use" with graduated penalties
• Defines "unsecured firearm" as a firearm not secured by a locked device (trigger lock) or locked safe, gun safe, lock box, or similar device
• Proposed graduated penalties:
  • Third degree (child displays or discharges firearm placing someone in fear): misdemeanor, imprisonment up to 1 year
  • Second degree (child discharges firearm causing bodily injury): felony, imprisonment up to 20 years
  • First degree (child discharges firearm causing death): felony (penalty not fully specified in available text)
• Defines "child" as a person 17 years of age or less
• Defines "direct supervision" with specific physical proximity requirements

Summary

South Carolina currently has no general firearm storage requirements for concealed carry permit holders or gun owners. Storage rules exist only in specific contexts such as WMA lands. Multiple legislative proposals to create criminal penalties for negligent firearm storage around children have been introduced but have not been enacted into law.

Use of Force Laws in South Carolina

Self-Defense (Common Law Elements)

South Carolina recognizes the right of self-defense. Once raised by the defendant, the prosecution must disprove self-defense beyond a reasonable doubt. State v. Fuller, 297 S.C. 440, 377 S.E.2d 328 (1989).

The elements of self-defense in South Carolina, as set forth in State v. Fuller, are:

1. Without fault: The defendant must be without fault in bringing on the difficulty;
2. Actual belief of imminent danger: The defendant must actually believe he is in imminent danger of loss of life or serious bodily injury, or actually was in such danger;
3. Reasonable person standard: If the defendant believed he was in such danger, a reasonable or prudent person of ordinary firmness and courage would have believed himself to be in such danger; if the defendant actually was in such danger, the circumstances were such as would warrant a person of ordinary prudence, firmness, and courage to strike the fatal blow in order to save himself from serious bodily harm or losing his own life;
4. No other probable means of avoidance: The defendant had no other probable means of avoiding the danger of losing his own life or sustaining serious bodily injury than to act as he did in the particular instance.

Without Fault in Bringing on the Difficulty

• A person cannot provoke a confrontation and then claim self-defense. State v. Jackson, 227 S.C. 271, 87 S.E.2d 681 (1955).
• Mutual combat disqualifies a person from claiming self-defense unless, before the homicide, the person withdraws and endeavors in good faith to decline further conflict, and makes that fact known to the adversary by word or act. State v. Graham, 260 S.C. 449, 196 S.E.2d 495 (1973).
• Use of opprobrious language that a reasonable person would expect to bring on a physical encounter can constitute fault in bringing on the difficulty. State v. Rowell, 75 S.C. 494, 56 S.E. 23 (1906).
• Even if the defendant was initially provocative, a clear withdrawal communicated to the adversary can restore the right of self-defense. State v. Hendrix, 270 S.C. 653, 244 S.E.2d 503 (1978).

Duty to Retreat

South Carolina law recognizes a general duty to retreat before using deadly force, but with significant exceptions:

No duty to retreat in the following situations:

1. When attacked on one's own premises. State v. Merriman, 287 S.C. 74, 337 S.E.2d 218 (1985); State v. Sales, 285 S.C. 113, 328 S.E.2d 619 (1985).
2. Within the home's curtilage. State v. Jackson, 227 S.C. 271.
3. Beyond the curtilage of one's home. State v. Quick, 138 S.C. 147, 135 S.E. 800 (1926).
4. In one's place of business, even if the aggressor also has a right to be there. State v. Kennedy, 143 S.C. 318, 141 S.E. 559 (1928).
5. As a guest in the home of another (unless required to leave by the householder). State v. Osborne, 202 S.C. 463, 25 S.E.2d 492 (1942).
6. A lawful guest attacked in the owner's home has no duty to retreat where the attacker is an intruder. State v. Osborne, 202 S.C. 473, 25 S.E.2d 561 (1943).
7. When attacked in a person's club room. State v. Marlowe, 120 S.C. 205, 112 S.E. 921 (1921).
8. Where both parties own the premises, neither has the duty to retreat where the other is the aggressor. State v. Gibbs, 113 S.C. 256, 102 S.E. 333 (1920).
9. Where both live in the same home, neither has the duty to retreat if the other is the aggressor. State v. Grantham, 224 S.C. 41, 77 S.E.2d 291 (1953).
10. Where both are guests in the same home, neither has the duty to retreat if the other is the aggressor. State v. Smith, 226 S.C. 418, 85 S.E.2d 409 (1955).
11. Where both are fellow workers on the same job site. State v. Gordon, 128 S.C. 422, 122 S.E. 501 (1924).
12. If retreating would apparently increase the danger. State v. McGee, 185 S.C. 184, 193 S.E. 303 (1937).

Duty to retreat applies:

• Before using deadly force on a public street or highway, even when in one's own automobile. State v. McGee, supra.
• In a store where the public is invited. State v. Peeples, 126 S.C. 422, 120 S.E. 361 (1923).
• A lawful guest has a duty to retreat when the attacker is the homeowner. State v. Chambers, 310 S.C. 43, 425 S.E.2d 45 (Ct. App. 1992).

Note on non-deadly force: The duty to retreat may not be required where the defendant uses non-deadly force. State v. Williams, 459 S.E.2d 519 (Ct. App. 1995) (dicta).

Proportionality of Response

The response in self-defense must be proportional to the threat. State v. Wood, 1 S.C.L. 351 (1794) — the Court emphasized that a small blow does not justify an enormous beating.

Imperfect Self-Defense

South Carolina does not recognize "imperfect self-defense." An actual but unreasonable belief that one was in imminent danger of bodily harm is not a defense that reduces murder to voluntary manslaughter. The defendant's actual belief of imminent danger must be such that a reasonable prudent person of ordinary firmness and courage would have entertained the same belief. State v. Finley, 277 S.C. 548, 290 S.E.2d 808 (1982).

Defense of Others

South Carolina recognizes the right to defend others, including any relative, friend, or bystander. State v. Hays, 121 S.C. 163, 113 S.E. 362 (1922).

Key principles:

• South Carolina follows the "alter ego" rule: A person who intervenes on behalf of another "stands in the shoes" of the person being defended. If the person being defended had the right to use force in self-defense, the intervenor shares that right. If the person being defended had no right to use force, the intervenor assumes the same liability. State v. Cook, 78 S.C. 253, 59 S.E. 862 (1907).
• The same principles of retreat and withdrawal apply as if the individual were acting in self-defense rather than on behalf of someone else.
• If the person being assisted had no duty to retreat (e.g., on their own premises), the intervenor also has no duty to retreat. State v. Sales, 285 S.C. 113, 328 S.E.2d 619 (1985).
• The right to use deadly force in defense of others requires that the danger of murder or serious bodily harm is imminent, there was no other reasonable means of escape for the person assailed, and both the person assailed and the person coming to their defense were without legal fault in bringing on the difficulty. State v. Hays, supra.

Concealed Carry and Use of Force

Pursuant to the Law Abiding Citizens Self Defense Act of 1996 (S.C. Code § 23-31-215), the issuance of a concealed weapons permit does not expand, diminish, or alter the existing substantive law relative to self-defense, defense of property, or the propriety of a private citizen's use of deadly force. The Act preserves existing use-of-force law as it existed prior to the Act's effective date.

Section 23-31-215(R) specifically provides that no provision of the Act shall expand, diminish, or alter the duty of care owed by the owner or person in legal possession of real property for injury or death caused by the use or misuse of a concealable weapon by a third party.

Castle Doctrine & Stand Your Ground Laws in South Carolina

South Carolina enacted the "Protection of Persons and Property Act" (S.C. Code § 16-11-410 through § 16-11-450), effective June 9, 2006, which codifies the Castle Doctrine and establishes Stand Your Ground protections.

Legislative Intent (§ 16-11-420)

The General Assembly declared the following findings and intent:

• The law codifies the common law Castle Doctrine, recognizing that a person's home is their castle, and extends the doctrine to include occupied vehicles and the person's place of business.
• Law-abiding citizens have the right to protect themselves, their families, and others from intruders and attackers without fear of prosecution or civil action.
• The South Carolina Constitution (Section 20, Article I) guarantees the right of the people to bear arms.
• Persons residing in or visiting South Carolina have a right to remain unmolested and safe within their homes, businesses, and vehicles.
• No person or victim of crime should be required to surrender personal safety to a criminal, nor should they be required to needlessly retreat in the face of intrusion or attack.

Key Definitions (§ 16-11-430)

• "Dwelling" — A building or conveyance of any kind, including an attached porch, whether temporary or permanent, mobile or immobile, which has a roof over it (including a tent), and is designed to be occupied by people lodging there at night.
• "Great bodily injury" — Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
• "Residence" — A dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
• "Vehicle" — A conveyance of any kind, whether or not motorized, which is designed to transport people or property.

Presumption of Reasonable Fear — Castle Doctrine (§ 16-11-440)

A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury when using deadly force against another person if:

1. The person against whom deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle; or is removing or attempting to remove another person against their will from the dwelling, residence, or occupied vehicle; and
2. The person using deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.

Exceptions to the Presumption (§ 16-11-440(B))

The presumption does not apply if:

1. The person against whom deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle (including an owner, lessee, or titleholder);
2. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of the person against whom deadly force is used;
3. The person who uses deadly force is engaged in unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity;
4. The person against whom deadly force is used is a law enforcement officer entering or attempting to enter in the performance of official duties, who identifies themselves in accordance with applicable law, or the person using force knows or reasonably should have known the person is a law enforcement officer.

Additional Presumptions (§ 16-11-440(D)–(E))

• A person who unlawfully and by force enters or attempts to enter a dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in § 16-1-60.
• A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act, regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle.

Stand Your Ground (§ 16-11-440(C))

A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be — including, but not limited to, his place of business — has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to:

• Prevent death or great bodily injury to himself or another person; or
• Prevent the commission of a violent crime as defined in § 16-1-60.

Immunity from Prosecution and Civil Action (§ 16-11-450)

• A person who uses deadly force as permitted by the Protection of Persons and Property Act or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of official duties who properly identifies themselves.
• A law enforcement agency may use standard procedures for investigating the use of deadly force, but may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.
• If a court finds that the defendant is immune from prosecution, the court shall award the defendant:
  • Reasonable attorneys' fees
  • Court costs
  • Compensation for loss of income
  • All expenses incurred in defense of the civil action

Summary of Key Protections

Duty to Inform Law Enforcement – South Carolina

Overview

South Carolina does not impose a statutory duty to inform law enforcement that you are carrying a concealed weapon. Neither the state's concealed weapon permit (CWP) statutes under S.C. Code § 23-31-210 et seq. nor the constitutional carry law (H. 3594, signed into law March 7, 2024) contain any provision requiring a carrier — whether permitted or permitless — to proactively disclose that they are armed during a traffic stop or other law enforcement encounter. The South Carolina Law Enforcement Division (SLED) constitutional carry guidance distributed to all chiefs and sheriffs likewise does not reference any duty-to-inform requirement.

Key Legal Points

• No affirmative duty to inform: South Carolina law does not require CWP holders or permitless carriers to volunteer information about carrying a firearm when interacting with law enforcement. There is no statute analogous to the duty-to-inform laws found in states such as Ohio or Texas.
• No penalty for non-disclosure: Because no duty exists, there is no standalone criminal penalty for failing to inform an officer that you are carrying.
• Truthful response if asked: While no statute compels proactive disclosure, providing false information to a law enforcement officer during an investigation can implicate other criminal statutes. If an officer asks whether you are armed, you should respond truthfully.
• Recommended best practice: Many firearms instructors and legal authorities recommend voluntarily informing officers during encounters as a safety and courtesy measure, even though it is not legally required.

Constitutional (Permitless) Carry Context

With the enactment of H. 3594, law-abiding South Carolinians who are legally permitted to possess firearms may carry concealed without obtaining a CWP. The SLED guidance document issued to law enforcement agencies ("Constitutional Carry Guidance To Chiefs, Sheriffs, and Law Enforcement") addresses officer safety procedures, prohibited persons, and penalty enhancements — but contains no duty-to-inform provision for lawful carriers.

Enhanced Penalties for Crimes Committed Without a CWP

H. 3594 creates a significant incentive to obtain a CWP even though one is no longer required. Under the new penalty enhancement provision:

• A person convicted of committing or attempting to commit a crime involving a concealable weapon (as defined by S.C. Code § 23-31-210(5)) in violation of an offense listed in Chapter 23, Title 16, or a violation of S.C. Code § 10-11-320, who does not possess a valid CWP at the time of the crime, faces an additional term of imprisonment not to exceed three years.
• This additional term must be served consecutively to the sentence for the underlying offense and may not exceed the actual sentence imposed for the underlying offense.
• The enhanced penalty does not apply to a person holding a valid CWP issued under Article 4, Chapter 31, Title 23 at the time the crime was committed.
• The additional punishment may not be imposed unless the indictment specifically alleges as a separate count that the person was in possession of a concealable weapon without a valid CWP during the commission of the crime, and a conviction is obtained on that count.

SLED Public Awareness Campaign

H. 3594 also requires SLED to:

1. Develop and distribute a document to all federally licensed firearms retailers in South Carolina informing gun purchasers of the CWP process, permitless carry rights, and the additional criminal penalties for committing crimes with a concealable weapon without a valid CWP.
2. Conduct a regular, statewide marketing campaign to inform South Carolinians of the same.

Obligations During Law Enforcement Encounters

While there is no duty to inform, carriers must comply with other legal obligations during encounters with law enforcement:

• Do not resist lawful arrest: Under S.C. Code § 16-9-320, it is unlawful to knowingly and willfully oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process, or to resist an arrest made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not. Subsection (B) makes it unlawful to assault, beat, or wound a law enforcement officer engaged in these duties.
• Armed resistance to lawful arrest is a felony: Under S.C. Code § 16-3-625, a person who resists the lawful efforts of a law enforcement officer to arrest him or another person with the use or threat of use of a deadly weapon against the officer, while in possession of (or claiming to be in possession of) a deadly weapon, commits a felony. A first offense requires a minimum of six months imprisonment; a second or subsequent offense requires a minimum of two years imprisonment.
• Comply with lawful orders: Officers may issue lawful commands during encounters (e.g., to keep hands visible, to not reach for a weapon). Failure to comply may escalate the encounter and could result in charges under §§ 16-9-320 or 16-3-625.

Prohibited Persons – Felon in Possession

H. 3594 also established graduated mandatory minimum penalties for felons in possession of firearms. It is unlawful for a person convicted of a crime punishable by more than one year of imprisonment to possess a firearm or ammunition in South Carolina, with exceptions for:

1. Antitrust or trade regulation offenses;
2. Misdemeanors punishable by five years or less; or
3. Convictions that have been expunged, set aside, or pardoned (unless the pardon expressly prohibits firearms possession).

Penalties:

• First offense: imprisonment not more than five years
• Second offense: mandatory minimum of five years, up to twenty years
• Third or subsequent offense: mandatory minimum of ten years, up to thirty years

Relevant Statutes

Important Disclaimers

• South Carolina law does not require you to inform officers that you are carrying, but you must comply with all lawful orders and respond truthfully if asked.
• The absence of a duty-to-inform statute does not eliminate the practical safety benefits of voluntary disclosure during law enforcement encounters.
• CWP holders retain benefits beyond the legal right to carry, including the enhanced-penalty exemption described above and reciprocity with other states that recognize South Carolina permits.
• This summary is based on H. 3594 as enacted, the SLED constitutional carry guidance, the South Carolina Attorney General's published legal analyses, and the South Carolina Code of Laws. Carriers should consult the full statutory text and/or a qualified attorney for legal advice specific to their circumstances.

Carrying/Using a Firearm Under the Influence in South Carolina

South Carolina addresses the use of firearms while under the influence of alcohol or controlled substances under Article 6 of Title 23, Chapter 31 of the South Carolina Code of Laws.

Prohibition (§ 23-31-400)

It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm (i.e., discharge a firearm) in South Carolina.

• "Use a firearm" is defined as discharging a firearm (§ 23-31-400(A)(1)).
• "Serious bodily injury" means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ (§ 23-31-400(A)(2)).

Self-Defense Exception

This article does not apply to persons lawfully defending themselves or their property (§ 23-31-400(D)).

Penalties (§ 23-31-400(C))

A violation is a misdemeanor punishable by:

• A fine of not less than $2,000, OR
• Imprisonment of not more than two years

Blood and Urine Testing (§ 23-31-410)

• A person who uses (discharges) a firearm in South Carolina must submit to a SLED-approved breath test to determine blood alcohol content and a urine test to detect controlled substances if:
  • There is probable cause to believe the person was using a firearm while under the influence, OR
  • The person is lawfully arrested for an offense allegedly committed while using a firearm under the influence.
• Tests must be administered at the request of a law enforcement officer with probable cause.
• Administration of one test does not preclude the other.
• Refusal to submit to a breath or urine test is admissible into evidence in a criminal proceeding.
• If the arresting officer does not request a test, the arrested person may request one. If the person requests a test but is not actually tested, prosecution for using a firearm under the influence is barred (§ 23-31-410(B)).
• Test results for detecting controlled substances are not admissible as evidence in a criminal prosecution for possession of a controlled substance (§ 23-31-410(D)).

Testing Following Death or Serious Injury (§ 23-31-415)

If a law enforcement officer has probable cause to believe a person used a firearm while under the influence and caused death or serious bodily injury, the person must submit to a blood test upon the officer's request to determine alcohol content or the presence of a controlled substance.

• Criminal charges from the incident should be tried concurrently with a charge under § 23-31-400.
• If tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense that precipitated the demand for testing.

BAC Presumptions (§ 23-31-420)

Results of tests administered under §§ 23-31-410, 23-31-415, or 23-31-420 are admissible into evidence, and the following presumptions apply:

• BAC is measured in grams of alcohol per 100 milliliters of blood.
• These provisions do not limit the introduction of other competent evidence on the question of intoxication.

Important Notes

• South Carolina's statute specifically addresses discharging a firearm while under the influence, not merely carrying one. The term "use a firearm" is explicitly defined as discharging a firearm.
• The testing procedures reference § 56-5-2950 (the state's implied consent/DUI testing statute) for provisions relating to test administration, additional tests at the individual's expense, availability of test information, and liability of medical institutions and persons administering tests (§ 23-31-410(C)).
• This article was enacted by 1996 Act No. 464, with the BAC presumption thresholds amended by 2003 Act No. 61.

South Carolina Weapon Restrictions for Concealed Carry

Prohibited Locations (Section 23-31-220)

South Carolina law restricts the carrying of concealed weapons in certain locations. The restrictions contained in Section 23-31-220 apply to all persons carrying concealed weapons, including:

• Concealed Weapons Permit (CWP) holders
• Those carrying under constitutional carry (2024 Act No. 111)
• Qualified retired law enforcement officers carrying under Section 23-31-600

Residence Restrictions

Carrying a concealed weapon into the residence or dwelling place of another person is prohibited without the expressed permission of the owner or person in legal control or possession of the premises, as appropriate (Section 23-31-600(D)).

Mental Health Prohibitions

Persons Prohibited (Section 23-31-1040)

It is unlawful for a person who has been:

• Adjudicated as a mental defective, or
• Committed to a mental institution

to ship, transport, possess, or receive a firearm or ammunition.

Definitions (Section 23-31-1010)

"Adjudicated as a mental defective" means a determination by a court of competent jurisdiction that a person, as a result of marked subnormal intelligence, mental illness, mental incompetency, mental condition, or mental disease:

• Is a danger to himself or to others; or
• Lacks the mental capacity to contract or manage the person's own affairs.

This term also includes:

• A finding of insanity by a court in a criminal case
• Persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice (10 U.S.C. Sections 850(a) and 876(b))

"Committed to a mental institution" means a formal commitment of a person to a mental institution by a court of competent jurisdiction. This includes:

• Involuntary commitment
• Commitment for mental defectiveness, mental illness, and other reasons such as drug use

This term does not include:

• A person in a mental institution for observation
• A voluntary admission to a mental institution

Penalties for Violation (Section 23-31-1040(B))

A person who violates the mental health prohibition is guilty of a felony and, upon conviction, must be:

• Fined not more than $2,000, or
• Imprisoned not more than five years, or
• Both

NICS Reporting (Section 23-31-1020)

• Courts must submit information on mental health adjudications and commitments to SLED within five days from the filing of each order.
• SLED transmits this information to the National Instant Criminal Background Check System (NICS).
• Under no circumstances may the court or SLED submit information relating to a person's diagnosis or treatment.
• If a person on the NICS list holds a current concealed weapons permit, the permit must be revoked and surrendered within ten days of notification.

Petition for Relief (Section 23-31-1030)

A person subject to firearm prohibitions due to mental health adjudication or commitment may petition the court that issued the original order to remove the prohibitions. Relief may be granted if the petitioner proves by a preponderance of the evidence that:

• The petitioner is no longer required to participate in court-ordered psychiatric treatment;
• The petitioner is determined by the Office of Mental Health or a licensed physician specializing in mental health to be not likely to act in a manner dangerous to public safety; and
• Granting relief will not be contrary to the public interest.

Relief must not be granted if the petitioner has engaged in acts of violence subsequent to the last adjudication or commitment, unless the petitioner proves by clear and convincing evidence that they are not likely to act in a manner dangerous to public safety.

Key Legislation

• 2021 Act No. 66 — "Open Carry With Training Act" — Rewrote provisions related to carrying restrictions.
• 2024 Act No. 111 (H.3594) — "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024" — Effective March 7, 2024. Revised restrictions applicable to concealed carry, including for retired law enforcement officers.
• 2013 Act No. 22 — Established NICS mental health adjudication and commitment reporting requirements, effective August 1, 2013.

Retired Law Enforcement Officers (Section 23-31-600)

Qualified retired law enforcement officers may carry concealed weapons in South Carolina provided they:

• Possess a valid identification card complying with 18 U.S.C. Section 926C
• Have met agency training and qualification standards within the past one year for the same type of firearm
• Carry certification of qualification (on the ID card or as a separate document)

All restrictions under Section 23-31-220 apply to retired law enforcement officers carrying concealed.

NFA Items & Weapon Restrictions in South Carolina

Overview

South Carolina regulates certain weapons at the state level through Title 16, Chapter 23 of the South Carolina Code of Laws, in addition to federal regulations under the National Firearms Act (NFA). The state does not impose additional registration requirements beyond federal NFA requirements for NFA items.

Prohibited Weapons Under State Law

Under S.C. Code § 16-23-220 through § 16-23-240, it is generally unlawful to:

• Transport a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle from one place to another within the state
• Store, keep, possess, or have in possession (or permit another to do so) a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle
• Sell, rent, give away, or participate in the sale, renting, giving away, or disposing of a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle

Exceptions are provided under S.C. Code § 16-23-250 and § 23-31-330.

Definitions (S.C. Code § 16-23-210)

• Machine Gun: Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. Includes the frame or receiver of such weapon, any combination of parts designed and intended for converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if in the possession or control of a person.

• Sawed-Off Shotgun: A shotgun having a barrel or barrels of less than 18 inches in length, or a weapon made from a shotgun which as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length.

• Sawed-Off Rifle: A rifle having a barrel or barrels of less than 16 inches in length, or a weapon made from a rifle which as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length.

• Military Firearm: Any military weapon, firearm, or destructive device, other than a machine gun, that is manufactured for military use by a firm licensed by the federal government pursuant to a contract with the federal government. Does not include a pistol, rifle, or shotgun which fires only one shot for each pull of the trigger.

• Antique Firearm: Any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including matchlock, flintlock, percussion cap, or similar ignition systems or replicas thereof). Also includes any firearm using fixed ammunition manufactured in or before 1898 for which ammunition is no longer manufactured in the United States and is not readily available in ordinary commercial trade.

Silencers/Suppressors

Per S.C. Code § 23-31-1050(5), a "firearm muffler or firearm silencer" is defined as "a device for silencing, muffling, or diminishing the report of a portable firearm, including any combination of parts, designed or redesigned, and intended for use in assembling or fabricating a firearm silencer or firearm muffler, and any part intended only for use in such assembly or fabrication."

Silencers/suppressors are not listed among the prohibited weapons under S.C. Code §§ 16-23-220 through 16-23-240 (which cover machine guns, military firearms, sawed-off shotguns, and sawed-off rifles). Possession may be subject to federal National Firearms Act requirements.

Federal NFA Requirements

The National Firearms Act (NFA), a federal law, taxes firearms at manufacture and sale. The NFA also requires that certain weapons are registered, including machine guns and short-barreled shotguns and rifles.

South Carolina does not require a state permit, license, or registration for the purchase or ownership of handguns or long guns beyond federal requirements.

Penalties for Violations (S.C. Code § 16-23-50)

A person (including a dealer) who violates the provisions of the weapons article (except § 16-23-20) is guilty of a felony and, upon conviction:

• First offense: Fined not more than $2,000 or imprisoned not more than 5 years, or both

Confiscation

Weapons involved in violations must be confiscated and delivered to the chief of police or sheriff. Law enforcement may use, transfer, trade, or destroy confiscated weapons after legal proceedings are concluded (§ 16-23-50(B)/(C)).

Pending Legislation (as of 2025)

H. 3041 (126th Session, 2025-2026) — A bill introduced January 14, 2025, would amend § 16-23-210 to define "assault weapon" and add assault weapons to the list of prohibited weapons under §§ 16-23-220, 16-23-230, and 16-23-240. The bill would also significantly increase penalties. As of the latest information, this bill is currently residing in the House Committee on Judiciary and has not been enacted.

Felon in Possession

Under South Carolina's Constitutional Carry law (H. 3594), it is unlawful for a person convicted of a crime punishable by more than one year imprisonment to possess a firearm or ammunition. Graduated mandatory minimum penalties apply:

• First offense: Imprisoned not more than 5 years
• Second offense: Mandatory minimum of 5 years, up to 20 years
• Third or subsequent offense: Mandatory minimum of 10 years, up to 30 years

Exceptions exist for misdemeanors punishable by 5 years or less, antitrust/business regulation offenses, and expunged/pardoned convictions (unless the pardon expressly prohibits firearm possession).

Criminal Penalties Related to Red Flag Laws in South Carolina

South Carolina does not have a red flag law (also known as an Extreme Risk Protection Order or ERPO law). There is no current state statute authorizing courts to issue extreme risk protective orders to temporarily remove firearms from individuals deemed a risk to themselves or others.

Pending Legislation: H. 3743 (126th Session, 2025-2026)

Notably, rather than enacting a red flag law, the South Carolina legislature has introduced H. 3743, titled the "South Carolina Ban Against Red Flag Gun Confiscation Act." This bill was introduced on January 15, 2025, by Rep. Beach and referred to the House Committee on Judiciary. As of the latest available information, the bill is currently residing in the House and has not been enacted into law.

If enacted, H. 3743 would add Article 9 to Chapter 31, Title 23 of the S.C. Code and would include the following criminal penalty provisions:

• Section 23-31-710(B): Entities of state government, municipalities, counties, special purpose districts, sheriffs, police departments, solicitors, and other government bodies would be prohibited from adopting or enforcing any rule, ordinance, order, policy, or similar measure relating to an extreme risk protective order.

• Section 23-31-720: No state, county, or municipal funds or resources may be used to enforce or assist in the enforcement of any federal statute, order, program, rule, or regulation to enact, implement, or enforce an extreme risk protective order against a person in South Carolina.

• Section 23-31-730: Government entities may not accept federal grant funds for the preparation, implementation, service, or enforcement of a program related to extreme risk protective orders.

• Section 23-31-740 (Criminal Penalty): A person who serves, enforces, or attempts to serve or enforce an extreme risk protective order against another person in South Carolina would be guilty of a felony and, upon conviction, must be imprisoned not more than five (5) years.

Key Definitions Under H. 3743

The bill defines an "extreme risk protective order" as a written order or warrant issued by a court or signed by a magistrate that:

• Has the primary purpose of reducing the risk of death or injury by prohibiting a person from owning, possessing, purchasing, or receiving firearms, firearm accessories, ammunition, or firearm permits; or requiring surrender/removal of such items; and
• Is not issued on the basis of conduct that resulted in a criminal charge for the person who is the subject of the order.

Federal Context

Several federal bills have been introduced in Congress (H.R. 1236 in the 116th Congress, H.R. 2377 in the 117th Congress, and H.R. 3018 in the 118th Congress) that would authorize federal extreme risk protection orders and establish grant programs for state implementation. None of these federal bills have been enacted into law.

Summary

Note: H. 3743 has not been signed into law as of the most recent information available. Concealed carry permit holders should be aware that South Carolina currently has no red flag law provisions, and no criminal penalties exist under current law specifically related to extreme risk protective orders at the state level.

South Carolina State Preemption of Firearm Regulations

South Carolina has a strong state preemption law that prohibits local governments from enacting firearms regulations that conflict with state law. The preemption framework is established primarily under S.C. Code Ann. §§ 23-31-510 and 23-31-520.

Preemption Statute — S.C. Code Ann. § 23-31-510

Section 23-31-510 provides, in relevant part:

No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate: (1) the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things.

This statute broadly prohibits counties, municipalities, and other political subdivisions from passing local laws that regulate firearms ownership, possession, carrying, transportation, or transfer.

Limited Local Authority — S.C. Code Ann. § 23-31-520

Section 23-31-520 provides narrow exceptions to the preemption:

• Local governments may regulate the careless or negligent discharge of firearms.
• Local governments may regulate the public brandishment of firearms.
• Local governments may regulate the public brandishment of firearms during times of, or demonstrated potential for, insurrection, invasions, riots, or natural disasters.
• The article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest.

Attorney General Opinions and Interpretation

The South Carolina Attorney General's Office has consistently and repeatedly interpreted Sections 23-31-510 and -520 as establishing complete field preemption of firearm regulation by the state. Key points from multiple Attorney General opinions include:

• The General Assembly intended that state law expressly occupy the entire field of South Carolina firearm regulation and preempt any local ordinance on the same subject, except where local regulations are expressly permitted by those same statutes.
• Local ordinances that purport to criminalize or otherwise regulate possession of a firearm conflict with Section 23-31-510 and are preempted.
• The AG's Office has noted that under the South Carolina Constitution, Article VIII, § 14, general law provisions applicable to criminal laws and penalties shall not be set aside by local governments. Therefore, local governments may not criminalize conduct that is legal under state criminal law.
• In a December 2, 2019 opinion, the AG concluded that the City of Columbia's Ordinance 2019-063 (a gun-free school zone ordinance) was most likely preempted by § 23-31-510 because it facially regulated possession of firearms, which is expressly prohibited by the preemption statute.
• The AG's Office has stated: "Unless Section 23-31-510 is substantially revised in the future, a firearm policy decision like that sought by the City is a matter for the State Legislature exclusively and cannot be set at the local level."
• A prior 2009 AG opinion that had found a county park firearms ordinance valid was expressly reversed and superseded by a December 7, 2010 opinion, which found the 2009 opinion to have been in clear error. The AG characterized the 2009 opinion as "an aberration" that should not detract from the otherwise unbroken line of opinions concluding local ordinances are preempted.

Constitutional Basis

The preemption framework is further supported by the South Carolina Constitution:

• Article VIII, § 14 of the South Carolina Constitution requires that general law provisions applicable to "criminal laws and the penalties and sanctions for the transgression thereof" shall not be set aside by local governments.
• The South Carolina Supreme Court has interpreted this to mean that local governments may not criminalize conduct that is legal under state criminal law. (Foothills Brewing Concern, Inc. v. City of Greenville, 377 S.C. 355, 660 S.E.2d 264 (2008); Connor v. Town of Hilton Head Island, 314 S.C. 251, 442 S.E.2d 608 (1994)).

Practical Implications

• Local ordinances cannot impose additional restrictions on the carrying, possession, or transportation of firearms beyond what state law provides.
• Individuals should follow state law regarding where and how they may carry firearms, as local ordinances purporting to regulate firearm possession are preempted by state law.
• Local governments can regulate negligent discharge and public brandishment of firearms, so individuals should be aware of any such local regulations.
• While local ordinances purporting to regulate firearm possession may still exist on the books in some jurisdictions, the AG's Office has consistently opined that such ordinances are preempted and would likely be found invalid by a court.

Key Statutes

South Carolina Reciprocity: Which Out-of-State Permits Are Honored

South Carolina honors a valid out-of-state concealable weapon permit when the permit is held by a resident of a reciprocal state and that state requires both a criminal background check and a firearm training and safety course. Georgia and North Carolina permits are recognized automatically by name in the statute. For every other state, the statute states the test and directs SLED to publish the list of states that meet it, and SLED's Concealed Weapons Permit page does not display that list.

That gap matters less than it once did, because since March 7, 2024 a lawful visitor generally does not need any permit to carry in South Carolina. Section 23-31-215(O)(1) says a permit issued pursuant to Article 4, Chapter 31, Title 23, the South Carolina CWP article, is not required for a person, and item (O)(1)(b) under it covers a person "carrying a concealable weapon in a manner not prohibited by law". Section 23-31-215(O)(2) adds that the availability of a permit "must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one's person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law". 2024 Act No. 111, SECTION 15 repealed the former carrying concealed weapons offense, the section the code page now marks "Repealed." Recognition still matters for what an out-of-state permit does and does not authorize here, and for the rules that bind you once you are inside the state.

What the reciprocity statute actually says

S.C. Code 23-31-215(N) has three parts, each doing separate work.

Subsection (N)(1): "Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity."

Read that closely. The permit has to be held by a resident of the reciprocal state, so the sentence is not describing a permit from a state you do not live in. The issuing state has to require both a background check and a course in firearm training and safety. And recognition does not import your home state's rules. You are subject to South Carolina law while you are here.

Subsection (N)(2): "Notwithstanding the reciprocity requirements of item (1), South Carolina shall automatically recognize concealed weapon permits issued by Georgia and North Carolina." Those two states are recognized without regard to the background check and training conditions in (N)(1).

Subsection (N)(3): "The reciprocity provisions of this section shall not be construed to authorize the holder of any out-of-state permit or license to carry, in this State, any firearm or weapon other than a handgun." Recognition is a handgun authority and nothing broader.

Subsection (N) took its current shape before the 2024 changes. The second 2008 amendment rewrote subsection (N) to require that the reciprocal state require firearm training and a criminal background check, and 2016 Act No. 223, SECTION 1 inserted the paragraph designator (1) and added (2) and (3), relating to recognizing concealed weapon permits issued by Georgia and North Carolina under certain circumstances. 2024 Act No. 111 amended 23-31-215 in three places. SECTION 9 rewrote (K), (M), and (O), and the enrolled act's SECTION 9 heading also names (U). SECTION 21 added (V). SECTION 23 substituted "eighteen years of age" for "twenty-one years of age" in (A). None of them touched (N).

Where the list of reciprocal states stands

The statute assigns the list to SLED: "SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity." SLED's Concealed Weapons Permit page describes the program section as providing a "listing of reciprocity agreement states," but no list of states appears on the page. Its CWP Links block runs to the privacy statement, the notification letter to gun purchasers, free CWP courses, the online applications, the instructor listing, and a State Gun Laws link. That link is an anchor to a section lower on the same page, and that State Gun Laws section holds a link to Chapter 31, Title 23 of the S.C. Code and an image of a "No concealable weapons allowed" sign, with a note that the image is not sized in accordance with statutory requirements and that Section 23-31-235 sets the sign requirements. No list of states appears anywhere on the page.

So this guide names Georgia and North Carolina, the two states the statute names, and no others. To confirm whether a specific state is on the list SLED maintains, ask SLED rather than relying on a chart. The CWP office is 803-896-7015 and CWPquestions@sled.sc.gov, and the page is https://www.sled.sc.gov/concealed-weapons-permit. Commercial reciprocity maps are not the list the statute calls for.

Visiting South Carolina without a South Carolina permit

H. 3594, signed by the Governor on March 7, 2024 as 2024 Act No. 111, is the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024". SLED's guidance to chiefs, sheriffs, and officers says the act "authorizes individuals who are not otherwise prohibited from possessing a firearm, to legally possess a firearm openly or concealed without training and without a concealed weapons permit issued by SLED," and it "allows individuals 18 years old and older to carry firearms openly or concealed without a permit." The same act repealed the former carrying concealed weapons offense, effective March 7, 2024.

For a visitor, the practical read is that your ability to carry here turns on whether you may lawfully possess a firearm, not on whether your home state made SLED's list. Section 16-23-500(A) opens "Except as provided in subsection (F)" and then makes it unlawful for a person who has been convicted of a crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition within this State. Subsection (F) says that for the purpose of that section the phrase "crime punishable by a maximum term of imprisonment of more than one year" does not include an offense in this State or another jurisdiction pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices; any offense classified by the laws of this State or another jurisdiction as a misdemeanor and punishable by a term of imprisonment of five years or less; or any crime for which the conviction has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored, unless that pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. Under 16-23-500(B), a violation is a felony: not more than five years for a first offense, a mandatory minimum of five years and not more than twenty years for a second offense, and a mandatory minimum of ten years and not more than thirty years for a third or subsequent offense.

The place restrictions bind you either way. Section 16-23-20(A) opens: "It is unlawful, whether or not the person has a concealed weapon permit, for anyone to carry about the person any handgun, whether concealed or not, unless otherwise specifically authorized by law into a:" and then runs eleven items, among them law enforcement, correctional, or detention facilities; courthouses and courtrooms while court is in session; polling places on election days; daycare or preschool facilities; churches and other established religious sanctuaries without express permission; facilities where medical services or procedures are performed, unless expressly authorized; and premises clearly marked with a sign complying with 23-31-235. An out-of-state permit does not open any of those doors. S.C. Code 16-23-20(A) lists all eleven.

Under 16-23-50(A)(2), a person violating 16-23-20 is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment of not more than one year, or both, for a first offense; a misdemeanor punishable by imprisonment of not more than three years for a second offense; and a felony punishable by imprisonment of not more than five years for a third or subsequent offense.

Private property still controls. Under 23-31-220(A)(1), nothing in the CWP article limits the right of a public or private employer to prohibit a person who is otherwise not prohibited by law from possessing a handgun from carrying a concealable weapon upon the premises of the business or workplace. Under 23-31-220(A)(2), nothing in the article limits the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon upon his premises. Under 23-31-220(B), posting a sign stating "NO CONCEALABLE WEAPONS ALLOWED" is notice, and a person who knowingly brings a concealable weapon onto the premises in violation may be charged with a violation of 16-11-620. Local governments cannot layer on their own rules: 23-31-510 bars any county, municipality, or other political subdivision from enacting a regulation or ordinance regulating the carrying or transportation of firearms.

Two more points. SLED's guidance states that a CWP holder or a person carrying a firearm without a permit under this law does not have a duty to notify a law enforcement officer that they are carrying a firearm. And 16-23-20(D) provides that a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle, whether occupied or unoccupied.

One asymmetry is written into the text. Section 16-23-495(A) adds imprisonment not to exceed three years for a person convicted of committing or attempting to commit a crime involving a concealable weapon in violation of an offense listed in Chapter 23, Title 16, or of 10-11-320. That term must be served consecutively to any term of imprisonment imposed for the underlying offense, and it may not exceed the actual sentence imposed for the underlying offense. Subsection (B) says the section "does not apply to a person with a valid permit to carry a concealable weapon issued pursuant to Article 4, Chapter 31, Title 23, provided that the permit was valid at the time the crime was committed." That exemption is written around a permit issued under the South Carolina CWP article, not around an out-of-state permit recognized under 23-31-215(N). Subsection (C) frames the indictment element as possession of a concealable weapon "without a valid concealed weapon permit" during the commission of the crime, without naming the article that issued the permit, so the text does not settle the question in either direction.

Officers, retired officers, and pass-through travel

Separate from reciprocity, 16-23-20(B)(1) makes the place restrictions in 16-23-20(A) inapplicable to a list that includes "law enforcement officers or other authorized personnel of the federal government or other states when they are carrying out official duties while in this State." Under 23-31-600(C)(1), and subject to the limitations of 23-31-600(E), a qualified retired law enforcement officer may carry a concealed weapon in this State if he possesses an identification card, which 23-31-600(A)(1) defines as "a photographic identification card complying with 18 U.S.C. Section 926C", along with a certification that, not less recently than one year before the date he is carrying the firearm, he met the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm. The place exemption for that officer is qualified as well: 16-23-20(B)(4) covers, "subject to the limitations of Section 23-31-600(D)", persons who meet the definition of "qualified retired law enforcement officer" contained in 23-31-600, and 23-31-600(D) makes the restrictions in 23-31-220 applicable to a person carrying a concealed weapon under 23-31-600 and prohibits carrying a concealed weapon into the residence or dwelling place of another person without the expressed permission of the owner or person in legal control or possession of the premises. Federal law covers the same ground: 18 U.S.C. 926B and 18 U.S.C. 926C each provide that notwithstanding any other provision of the law of any State, a qualified law enforcement officer or qualified retired law enforcement officer carrying the identification required by subsection (d) may carry a concealed firearm shipped or transported in interstate or foreign commerce, subject to subsection (b).

If you are passing through with a firearm you cannot lawfully carry here, 18 U.S.C. 926A provides that "any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm" if, during the transportation, the firearm is unloaded and neither it nor any ammunition being transported is readily accessible or directly accessible from the passenger compartment. In a vehicle without a compartment separate from the driver's compartment, the firearm or ammunition must be contained in a locked container other than the glove compartment or console.

South Carolina permits: traveling out of state, and issuance to nonresidents

SLED's guidance says the 2024 legislation "leaves in place the CWP program run by SLED for individuals who wish to continue carrying a firearm pursuant to a permit," and that the CWP "will continue to give the individual reciprocity with other recognizing states and makes purchasing a firearm from a dealer easier." Which states those are is set by each of those states' own law and lists. Section 23-31-215(N) governs only what South Carolina honors coming in. Check the destination state before you travel.

South Carolina does issue permits to some nonresidents. Under 23-31-210(2), a "qualified nonresident" is an individual who owns real property in South Carolina but resides in another state, and 23-31-215(A) directs SLED, except subject to subsection (B), to issue a permit to a resident or qualified nonresident who is at least eighteen years of age and who is not prohibited by state law from possessing the weapon, upon submission of the six items that subsection lists. Under 23-31-215(B), SLED must then conduct or facilitate a local, state, and federal fingerprint review and a background check, and must issue the permit if the fingerprint review and background check are favorable.

Statutes referenced

Additional Resources for South Carolina Concealed Carry

South Carolina Law Enforcement Division (SLED) — CWP Office

SLED is the primary agency responsible for issuing Concealed Weapon Permits (CWP) in South Carolina.

• Phone: 803-896-7015
• Email: CWPquestions@sled.sc.gov
• CWP Information Page: https://www.sled.sc.gov/cwp
• FAQ Page: https://www.sled.sc.gov/faq
• Physical Location: 4400 Broad River Road (J.P. Strom Boulevard), Columbia, SC — approximately 1 mile from Interstate 26, accessible via Piney Grove Road or St. Andrews Road

SLED conducts an extensive background examination of all applicants prior to a CWP being issued. Applications are available on the SLED website.

Criminal Background Checks

• SLED CATCH (Criminal Records): https://catch.sled.sc.gov/
• SLED Records Department (Mail): PO Box 21398, Columbia, SC 29221
• Criminal History Record Screening Fee: $25 per search
• Record Check Form: https://www.sled.sc.gov/forms/faq/SLEDCATCHFormfillable.pdf
• Payment: Company checks and money orders accepted by mail (no cash or personal checks); credit card payment accepted online only
• SLED Public Dissemination Unit (background check concerns): 803-896-1443

Fingerprinting Services

Fingerprinting services are not provided at SLED. Applicants should contact:

• IdentoGo by MorphoTrust: http://www.identogo.com/ for locations and times
• Contact your licensing agency for additional fingerprinting information

South Carolina Attorney General's Office

• Website: https://www.scag.gov/
• FAQs: https://www.scag.gov/faqs
• The Attorney General's Office has issued opinions regarding firearm preemption under S.C. Code § 23-31-510, which prohibits local ordinances from regulating the transfer, ownership, or possession of firearms. Notable opinions include:
  • Op. S.C. Att'y Gen., 2010 WL 55789865 (December 7, 2010) — reversed a prior 2009 opinion and confirmed state preemption of local firearm regulations
  • Op. S.C. Att'y Gen., 2017 WL 6940255 (December 29, 2017)
  • Op. S.C. Att'y Gen., December 2, 2019 — addressed City of Columbia Ordinance 2019-063 regarding gun-free school zones

SLED Regulatory Services

• Email: reglicense@sled.sc.gov
• Private Investigations & Security Information: https://www.sled.sc.gov/PI_Security
• Handles private investigation and security company licensing and regulation under S.C. Code Title 40, Chapter 18

South Carolina Legislature — Code of Laws

• Full South Carolina Code of Laws: https://www.scstatehouse.gov/code/statmast.php
• Key Firearm Statutes:
  • Title 16, Chapter 23 — Offenses involving weapons (including concealed weapons)
  • Title 23, Chapter 31 — Firearms; concealed weapon permits; state preemption (§ 23-31-510)
  • S.C. Code § 23-31-510 — Preemption of local firearm regulations
  • S.C. Code § 16-23-420 — Carrying firearms on school property
  • S.C. Code § 17-13-10 — Citizen's arrest authority
  • S.C. Code § 16-9-320 — Resisting arrest
  • S.C. Code § 16-3-625 — Resisting arrest with a deadly weapon

Crime Statistics

• SLED Uniform Crime Reporting Department: 803-896-7016
• Online Crime Statistics: https://www.sled.sc.gov/crimestatistics.html

State Jobs at SLED

• State Jobs Website: https://www.governmentjobs.com/careers/sc/sled

Other Useful Contacts

• U.S. Department of Justice (law enforcement concerns): 950 Pennsylvania Avenue, NW, Washington, D.C. 20530-0001; Phone: (202) 514-4609; https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice
• SC Department of Consumer Affairs: 803-734-4200 or 1-800-922-1594 (in SC only)

South Carolina Concealed Carry - Frequently Asked Questions

How do I obtain a Concealed Weapons Permit (CWP) in South Carolina?

The South Carolina Law Enforcement Division (SLED) is the agency responsible for issuing Concealed Weapons Permits. SLED conducts an extensive background examination of all applicants prior to a CWP being issued. Applications are available on the SLED website at sled.sc.gov/cwp.html.

Can I resist an unlawful arrest in South Carolina?

Under South Carolina common law, a person has the right to resist an unlawful arrest, even to the point of using deadly force if necessary to regain freedom. In State v. Bethune, 112 S.C. 100, 99 S.E. 753 (1919), the Court stated that "a person's right to resist an unlawful arrest... may be exercised to the extent of taking the life of another, if it be necessary, in order to regain his freedom."

However, there is no right to resist a lawful arrest. Town of Springdale v. Butler, 299 S.C. 276, 384 S.E.2d 697 (1989).

What are the penalties for resisting arrest with a deadly weapon?

Under S.C. Code § 16-3-625, a person who resists the lawful efforts of a law enforcement officer to arrest him or another person with the use or threat of use of a deadly weapon against the officer, and the person is in possession or claims to be in possession of a deadly weapon, commits a felony:

• First offense: Requires service of at least six months
• Second or subsequent offense: Requires service of at least two years

This provision does not replace the common law crime of Assault and Battery with Intent to Kill nor does it replace sentencing of eligible offenders under the Youthful Offender Act (YOA).

What is the law on resisting a law enforcement officer?

Under S.C. Code § 16-9-320:

• Subsection (A): It is unlawful to knowingly and willfully oppose or resist a law enforcement officer in serving, executing, or attempting to serve or execute a legal writ or process, or to resist an arrest made by one whom the person knows or reasonably should know is a law enforcement officer, whether under process or not.
• Subsection (B): It is unlawful to knowingly and willfully assault, beat, or wound a law enforcement officer engaged in serving or executing a legal writ or process, or to assault, beat, or wound an officer when the person is resisting an arrest and knows or reasonably should know the individual is a law enforcement officer.

What are the rules regarding citizen's arrest in South Carolina?

Under S.C. Code § 17-13-10 and common law as summarized in State v. Nall, 304 S.C. 332, 404 S.E.2d 202 (1991):

• Any person who views a felony being committed has a duty to endeavor to arrest the felon.
• A private person may arrest for a felony not committed in his presence if: (1) the felony was actually committed, and (2) the private person has reasonable cause to believe the arrested person committed the felony.
• A private person may arrest for a misdemeanor committed in his presence only if it constitutes a breach of the peace. A private person has no lawful authority to arrest for misdemeanors not committed in his presence.
• Except when made upon view of the felony, the person making the arrest must give reasonable notice of the purpose to arrest and the cause for the arrest, together with a demand that the suspect submit.
• Under § 17-13-10, an arrest upon "certain information" is lawful even though no felony has been committed. "Certain information" is that which is positive, credible, reliable, and trustworthy.

Where is SLED located?

SLED is located at 4400 Broad River Road (also known as J.P. Strom Boulevard), Columbia, South Carolina. The location is approximately 1 mile from Interstate 26 and can be reached by exiting off Piney Grove Road or St. Andrews Road.

Can I get fingerprints done at SLED?

No. Fingerprinting services are not provided at SLED. Contact IdentoGo by MorphoTrust for locations and times, or contact your licensing agency for information concerning fingerprinting.

How do I get a criminal background check?

SLED serves as the central repository for all criminal records in South Carolina. Criminal history record screening costs $25 per search. This can be obtained online at catch.sled.sc.gov or by mailing the request to:

SLED Records Department PO Box 21398 Columbia, SC 29221

Company checks and money orders are accepted through the mail (no cash or personal checks). Credit card payment is only accepted on the website.