Carrying a Gun in Your Car in South Carolina: Vehicle Carry Laws

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