Constitutional Carry in South Carolina: What the Law Allows

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SECTION 15 repealed S.C. Code 16-23-460, the old concealed weapons offense, and two sections of the permit article whose former titles the code page records as "Carrying concealed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