South Carolina Duty to Inform: Police Stops While Carrying

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.