South Carolina Concealed Carry FAQ

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.