South Carolina does not have a red flag law (also known as an Extreme Risk Protection Order or ERPO law). There is no current state statute authorizing...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
South Carolina does not have a red flag law (also known as an Extreme Risk Protection Order or ERPO law). There is no current state statute authorizing courts to issue extreme risk protective orders to temporarily remove firearms from individuals deemed a risk to themselves or others.
Notably, rather than enacting a red flag law, the South Carolina legislature has introduced H. 3743, titled the "South Carolina Ban Against Red Flag Gun Confiscation Act." This bill was introduced on January 15, 2025, by Rep. Beach and referred to the House Committee on Judiciary. As of the latest available information, the bill is currently residing in the House and has not been enacted into law.
If enacted, H. 3743 would add Article 9 to Chapter 31, Title 23 of the S.C. Code and would include the following criminal penalty provisions:
Section 23-31-710(B): Entities of state government, municipalities, counties, special purpose districts, sheriffs, police departments, solicitors, and other government bodies would be prohibited from adopting or enforcing any rule, ordinance, order, policy, or similar measure relating to an extreme risk protective order.
Section 23-31-720: No state, county, or municipal funds or resources may be used to enforce or assist in the enforcement of any federal statute, order, program, rule, or regulation to enact, implement, or enforce an extreme risk protective order against a person in South Carolina.
Section 23-31-730: Government entities may not accept federal grant funds for the preparation, implementation, service, or enforcement of a program related to extreme risk protective orders.
Section 23-31-740 (Criminal Penalty): A person who serves, enforces, or attempts to serve or enforce an extreme risk protective order against another person in South Carolina would be guilty of a felony and, upon conviction, must be imprisoned not more than five (5) years.
The bill defines an "extreme risk protective order" as a written order or warrant issued by a court or signed by a magistrate that:
Several federal bills have been introduced in Congress (H.R. 1236 in the 116th Congress, H.R. 2377 in the 117th Congress, and H.R. 3018 in the 118th Congress) that would authorize federal extreme risk protection orders and establish grant programs for state implementation. None of these federal bills have been enacted into law.
| Aspect | Status |
|---|---|
| State Red Flag / ERPO Law | Not enacted — South Carolina has no red flag law |
| H. 3743 (Anti-Red Flag Bill) | Introduced January 15, 2025; pending in House Judiciary Committee; not yet law |
| Proposed Penalty for Enforcing ERPOs (H. 3743) | Felony — up to 5 years imprisonment |
| Federal Red Flag Law | Not enacted at the federal level |
Note: H. 3743 has not been signed into law as of the most recent information available. Concealed carry permit holders should be aware that South Carolina currently has no red flag law provisions, and no criminal penalties exist under current law specifically related to extreme risk protective orders at the state level.
This page covers one part of our South Carolina concealed carry guide.
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