Constitutional Carry in South Carolina: What the Law Allows

Constitutional Carry in South Carolina

South Carolina enacted constitutional carry (permitless carry) through H. 3594, which allows law-abiding gun owners to carry concealed weapons without a permit. The South Carolina Law Enforcement Division (SLED) issued formal guidance to chiefs and sheriffs regarding the implementation of this law.

Key Provisions

Permitless Carry

• South Carolina law allows law-abiding gun owners to carry their weapons without a concealed weapon permit (CWP).
• The state still maintains a process for gun owners to voluntarily obtain a concealed weapon permit issued pursuant to Article 4, Chapter 31, Title 23.

Incentive to Obtain a CWP — Enhanced Penalties for Unpermitted Carry During a Crime

• A person convicted of committing or attempting to commit a crime involving a concealable weapon (as defined by Section 23-31-210(5)) in violation of offenses listed in Chapter 23, Title 16, or Section 10-11-320, must be imprisoned not to exceed three years.
• This additional term of imprisonment must be served consecutively to any term imposed for the underlying offense and may not exceed the actual sentence imposed for the underlying offense.
• This enhanced penalty does not apply to a person who holds a valid concealed weapon permit (CWP) issued pursuant to Article 4, Chapter 31, Title 23, provided the permit was valid at the time the crime was committed.
• 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.

Felon in Possession Provisions

H. 3594 also established enhanced penalties for felons in possession of firearms:

• 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.
• 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 to the "crime punishable by more than one year" definition include:

1. Antitrust violations, unfair trade practices, restraints of trade, or similar business regulation offenses
2. Offenses classified as misdemeanors punishable by 5 years or less
3. Crimes for which the conviction has been expunged, set aside, pardoned, or civil rights restored (unless the restoration expressly prohibits firearm possession)

Public Awareness Campaign

• SLED is required to develop and distribute a document to federally licensed firearms retailers in South Carolina, who must provide it to gun purchasers. The document informs purchasers that:
  • South Carolina allows law-abiding gun owners to carry without a permit
  • A process exists to obtain a CWP
  • Committing a crime involving a concealable weapon without a valid CWP may result in additional criminal penalties
• SLED must also conduct a regular, statewide marketing campaign to inform South Carolinians of these provisions.

Important Notes

• South Carolina is listed among permitless carry states nationally.
• While a permit is no longer required for concealed carry by eligible individuals, obtaining a CWP provides legal benefits, including exemption from the enhanced penalty provisions when a concealable weapon is involved in a criminal offense.
• The CWP also remains relevant for reciprocity purposes when traveling to other states.

Relevant Statutes

• Section 23-31-210 — Definitions (including concealable weapon)
• Article 4, Chapter 31, Title 23 — Concealed Weapon Permits
• Chapter 23, Title 16 — Criminal offenses involving firearms
• Section 10-11-320 — Additional covered offenses
• H. 3594 — Constitutional Carry legislation