South Carolina Open Carry Laws

Open Carry Laws in South Carolina

Overview

South Carolina permits the open carry of concealable weapons (handguns). The state's open carry laws have evolved through two major legislative acts:

1. 2021 Act No. 66 (H.3094) — Known as the "Open Carry With Training Act", effective August 15, 2021, which first allowed open carry for concealed weapon permit holders.
2. 2024 Act No. 111 (H.3594) — Known as the "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024", effective March 7, 2024, which removed the permit requirement for carrying a concealable weapon, whether concealed or openly carried.

Permitless Open Carry (Constitutional Carry)

As of March 7, 2024, under Act No. 111, any person who is legally eligible to possess a firearm may carry a concealable weapon openly or concealed without a permit. The law amended Section 23-31-220(A) to substitute "any person may carry a concealable weapon" for the previous language requiring a valid permit.

Interaction with Law Enforcement (§ 23-31-245)

Section 23-31-245, enacted by 2024 Act No. 111, provides important protections for those openly carrying:

• A person openly carrying a weapon in accordance with the law does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person.
• This does not prevent a law enforcement officer from searching, detaining, or arresting a person when the officer has a particularized and objective basis for suspecting the particular person of criminal activity.
• A person merely carrying a weapon in accordance with the law is not sufficient to justify a search, detention, or arrest.

Signage Requirements for Prohibited Locations (§ 23-31-235)

Property owners and businesses may prohibit the carrying of concealable weapons (whether concealed or openly carried) on their premises, but must comply with specific signage requirements:

Buildings with Doors:

Signs must be posted at each entrance and must be:

• Clearly visible from outside the building
• 8 inches wide by 12 inches tall
• Contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black, 1-inch tall uppercase type, centered at the bottom of the sign
• Contain a black silhouette of a handgun inside a circle 7 inches in diameter with a diagonal line running from lower left to upper right at a 45-degree angle
• Placed not less than 40 inches and not more than 60 inches from the bottom of the entrance door

Premises without Doors:

Signs must be:

• 36 inches wide by 48 inches tall
• Contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black, 3-inch tall uppercase type, centered at the bottom
• Contain a black silhouette of a handgun inside a circle 34 inches in diameter with a 2-inch wide diagonal line
• Placed not less than 40 inches and not more than 96 inches above the ground
• Posted in sufficient quantities to be clearly visible from any point of entry

Public or private employers and business owners may also post their own unique signs regarding the prohibition or allowance of concealable weapons on their premises (§ 23-31-235(D)).

Persons Allowed to Carry Anywhere in the State (§ 23-31-240)

Certain officials who possess a valid concealed weapon permit may carry a concealable weapon anywhere within the state, including locations otherwise prohibited. These include:

• Active Supreme Court justices, appellate judges, circuit court judges, family court judges, masters-in-equity, probate court judges, magistrates, municipal court judges, federal judges, and administrative law judges
• Active solicitors and assistant solicitors
• Active workers' compensation commissioners
• The Attorney General and assistant attorneys general
• Active county clerks of court
• Active public defenders and assistant public defenders (except they may not carry into a local or state correctional facility)

State Preemption (§ 23-31-250)

The State of South Carolina and its political subdivisions cannot be compelled by the federal government to take any legislative or executive action to implement or enforce a federal law, treaty, executive order, rule, or regulation that limits or proscribes carrying concealable weapons, whether concealed or openly carried.

Legislative Encouragement of Training

While no training is required under the constitutional carry law, the General Assembly explicitly encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon (2024 Act No. 111, Section 24).