Transportation Laws | South Carolina Concealed Carry

South Carolina Transportation Laws for Firearms

Constitutional Carry (Effective March 7, 2024)

Following the passage of H. 3594 (South Carolina Constitutional Carry Act), South Carolina law allows law-abiding adults who are not otherwise prohibited from possessing firearms to carry concealed weapons—including during transport in vehicles—without a Concealed Weapon Permit (CWP). This significantly expanded transportation rights by removing the prior requirement that persons without a CWP store handguns in a closed glove compartment, closed console, closed trunk, or other closed container.

Despite constitutional carry, South Carolina continues to issue CWPs, and there are legal incentives to obtain one (see "Additional Penalty" section below).

General Transportation of Standard Firearms

Under constitutional carry, any person who is legally permitted to possess a firearm may transport it concealed on their person or in their vehicle without a CWP. Persons who are prohibited from possessing firearms—including convicted felons and persons adjudicated as mentally defective—remain prohibited from transporting firearms under any circumstances.

When crossing state lines, travelers should be aware that South Carolina's constitutional carry provisions do not extend beyond state borders. Interstate transport is governed by the laws of each state entered, as well as the federal Firearm Owners Protection Act (18 U.S.C. § 926A), which provides safe passage protections for lawful transport through states with more restrictive laws, provided the firearm is unloaded and not readily accessible.

Prohibited Weapons Transportation (§ 16-23-220)

It is unlawful to transport from one place to another within South Carolina:

• Machine guns
• Military firearms
• Sawed-off shotguns (barrel less than 18 inches or overall length less than 26 inches)
• Sawed-off rifles (barrel less than 16 inches or overall length less than 26 inches)

This prohibition applies to individuals as well as railroad companies, express companies, common carriers, and their officers, agents, or employees.

A person who violates this section must be punished pursuant to § 16-23-260.

Exceptions to Prohibited Weapons Restrictions

Two parallel sets of exceptions exist under § 16-23-250 (Chapter 23, Title 16) and § 23-31-320 (Article 5, Chapter 31, Title 23). Together they exempt:

Military and Government Organizations:

• U.S. Army, Navy, or Air Force
• National Guard
• Organizations authorized by law to purchase or receive such weapons

Law Enforcement and Corrections:

• Peace officers of the State or any county or political subdivision
• State constables
• Members of the highway patrol
• Railway police or wardens
• Superintendents, head keepers, or deputies of state prisons, penitentiaries, workhouses, county jails, city jails, or other detention institutions
• Persons on duty in the U.S. postal service

Common Carriers:

• Common carriers transporting directly to authorized police departments, military or naval organizations, or persons authorized by law to possess such weapons
• Common or contract carriers transporting machine guns or military firearms to or from a licensed manufacturer, if the shipment is not prohibited by federal law

Manufacturers and Licensed Persons:

• Manufacturers licensed under 18 U.S.C. § 921 et seq.
• Persons authorized by the U.S. Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or other empowered federal agencies
• Persons licensed pursuant to § 23-31-370 (special limited license)

Display Weapons:

• Machine guns, sawed-off shotguns, or sawed-off rifles kept for display as relics that are rendered harmless and not usable

Antique Firearms (§ 23-31-350):

• The provisions of Article 5 do not apply to antique firearms (as defined below)

Note: § 16-23-220 cross-references §§ 16-23-250 and 23-31-330. The substantive exceptions are in § 16-23-250 and § 23-31-320. Section 23-31-330 addresses registration requirements for persons permitted to possess these weapons.

Registration Requirements for Restricted Weapons (§ 23-31-330)

Every person permitted by § 23-31-320 to possess a machine gun, sawed-off shotgun, or sawed-off rifle—and any person elected or appointed to an office entitling them to possess such weapons—must upon taking office file a sworn application with the South Carolina Law Enforcement Division (SLED). The application must:

• Be approved by the sheriff of the county in which the applicant resides or has their principal place of business
• Include the applicant's name, residence and business address, physical description
• Disclose whether ever charged or convicted of any crime (municipal, state, or otherwise), and when/where disposed
• Provide a description of the weapon(s) including serial number and make

SLED will register the applicant, assign a registration number, and issue a card that the registrant must keep on their person while in possession of the weapon. Registration expires on December 31 of the year issued.

Exception: No permit or registration is required where weapons are possessed by a governmental entity with a significant public safety responsibility for the protection of life or property (§ 23-31-330(B)).

Manufacturer Provisions (§ 23-31-360)

Machine guns or military firearms manufactured by a firm licensed by the federal government and subject to the Federal Gun Control Act may be legally possessed by the manufacturer without being registered with SLED. However, the manufacturer must furnish SLED the serial numbers of all machine guns or military firearms manufactured within 30 days of manufacture, subject to penalties under § 23-31-340 for noncompliance.

Special Limited License for Machine Guns (§ 23-31-370)

SLED may issue a special limited license for the possession, transportation, and sale of machine guns in South Carolina to:

1. Authorized representatives of machine gun manufacturers or dealers engaged in demonstrating and selling to agencies authorized by law to possess them
2. Persons engaged in professional movie-making or providing services to professional movie-makers who use machine guns for creating "special effects"

The special license is valid for a specified period not to exceed six months. A person who knowingly makes a false statement to obtain the license or violates its terms is guilty of a misdemeanor punishable by a fine of up to $5,000 or imprisonment up to 2 years, or both.

Definitions (§ 16-23-210 / § 23-31-310)

• Machine gun: Any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. Includes the frame or receiver of such a weapon, any combination or parts designed for converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if in the person's possession or control.
• Sawed-off shotgun: A shotgun with barrel(s) less than 18 inches in length, or a weapon made from a shotgun with an overall modified length of less than 26 inches or barrel(s) less than 18 inches.
• Sawed-off rifle: A rifle with barrel(s) less than 16 inches in length, or a weapon made from a rifle with an overall modified length of less than 26 inches or barrel(s) less than 16 inches.
• Shotgun: A weapon designed to be fired from the shoulder, using explosive energy in a fixed shotgun shell to fire through a smooth bore either ball shot or a single projectile per trigger pull. Includes weapons readily restorable to fire; excludes antique firearms.
• Rifle: A weapon designed to be fired from the shoulder, using explosive energy in a fixed cartridge to fire a single projectile through a rifled bore per trigger pull. Includes weapons readily restorable to fire; excludes antique firearms.
• Military firearm: Any military weapon, firearm, or destructive device (other than a machine gun) manufactured for military use under federal contract. Excludes pistols, rifles, or shotguns that fire only one shot per trigger pull.
• Antique firearm: Any firearm not designed for rimfire or conventional centerfire ignition with fixed ammunition, manufactured in or before 1898 (including matchlock, flintlock, percussion cap, or similar ignition systems or replicas thereof). Also includes any firearm using fixed ammunition manufactured in or before 1898 for which ammunition is no longer manufactured in the U.S. and is not readily available in ordinary commercial trade.

Penalties

Prohibited Weapons Violations (§ 16-23-260 / § 23-31-340):

Violations of Article 5 (Chapter 31, Title 23)—including unlawful transportation, possession, storage, or sale of machine guns, military firearms, sawed-off shotguns, or sawed-off rifles—constitute a felony punishable by:

• Fine of up to $10,000, or
• Imprisonment of up to 10 years, or
• Both

Unlawful Carrying of a Pistol (§ 16-23-20):

Unlawful carrying of a pistol (first offense) is classified as a misdemeanor punishable by up to one year imprisonment (see § 16-23-50(A)(2)(a)).

Felon in Possession Prohibition

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. This includes during transportation. Graduated mandatory minimum penalties apply:

• 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 — "crime punishable by more than one year" does not include:

1. Antitrust violations, unfair trade practices, restraints of trade, or similar offenses relating to the regulation of business practices
2. Offenses classified as a misdemeanor punishable by a term of imprisonment of 5 years or less
3. Any crime for which the conviction has been expunged, set aside, or pardoned, or for which civil rights have been restored—unless such pardon, expungement, or restoration expressly provides that the person may not ship, transport, possess, or receive firearms

Mental Health Prohibition on Transportation (§ 23-31-1040)

It is unlawful for a person who has been adjudicated as a mental defective or who has been committed to a mental institution to ship, transport, possess, or receive a firearm or ammunition.

Penalty: Felony—fine of up to $2,000 or imprisonment up to 5 years, or both.

Petition to Restore Firearm Rights After Mental Health Adjudication (§ 23-31-1030)

A person prohibited under 18 U.S.C. § 922(g)(4) or § 23-31-1040 due to mental health adjudication or commitment may petition the court that issued the original order to remove the prohibition. Key requirements:

• The petition must be accompanied by an authorization and release for disclosure of current and past medical and mental health records
• The court must conduct a hearing within 90 days of receiving the petition
• The petitioner must prove by a preponderance of the evidence that:
  • They are no longer required to participate in court-ordered psychiatric treatment
  • They are determined by the Office of Mental Health or a licensed physician specializing in mental health to be not likely to act in a manner dangerous to public safety
  • Granting relief will not be contrary to the public interest

If relief is granted, the court provides SLED a certified copy of the order, and SLED promptly informs NICS (National Instant Criminal Background Check System). If denied, the petitioner may appeal to the circuit court for de novo review.

Additional Penalty for Crimes Involving Concealable Weapons Without CWP

A person convicted of committing or attempting to commit a crime involving a concealable weapon (as defined by § 23-31-210(5)) who does not possess a valid CWP at the time of the offense faces an additional consecutive sentence of up to 3 years. This additional term may not exceed the actual sentence imposed for the underlying offense.

This additional penalty does not apply to persons holding a valid CWP at the time of the crime.

Procedural requirement: 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.

SLED informational initiative: SLED is required to develop and distribute documents to federally licensed firearms retailers informing gun purchasers that (1) South Carolina allows lawful carry without a permit and (2) provides a process to obtain a CWP, and that committing a crime with a concealable weapon without a valid CWP may result in additional criminal penalties. SLED must also conduct a regular statewide marketing campaign to this effect.

Carrying Into Prohibited Locations (§ 23-31-215(M))

Carrying a concealed weapon into a prohibited environment is classified as a misdemeanor under South Carolina law. Constitutional carry does not override location-based restrictions on where firearms may be carried.

State Preemption of Local Firearms Ordinances (§ 23-31-510)

South Carolina law expressly prohibits local governments from enacting ordinances that regulate the "transfer, ownership, possession, or transport of firearms, ammunition, or components of firearms." This means municipalities and counties cannot impose transportation restrictions more stringent than state law.

A 2019 South Carolina Attorney General's opinion analyzed the City of Columbia's Ordinance 2019-063 (a gun-free school zone ordinance) and concluded that a court would "most likely conclude that the Ordinance is impermissible" because it attempted to regulate possession of firearms in a manner preempted by § 23-31-510.

Federal Preemption Protections (2021 Act No. 66)

South Carolina law (enacted as part of the "Open Carry With Training Act," effective May 17, 2021) prohibits the use of state funds, personnel, or property to implement or enforce federal laws, treaties, executive orders, rules, or regulations that purport to limit or proscribe the carry of concealable weapons, if the Attorney General renders an opinion that such federal action compels prohibited legislative or executive action. Specifically:

1. No public funds of the State or any political subdivision shall be allocated for implementation or enforcement
2. No personnel or property of the State or any political subdivision shall be allocated for implementation or enforcement
3. No official, agent, or employee of the State or any political subdivision shall implement, attempt to implement, enforce, or attempt to enforce such federal action

Wildlife Management Area (WMA) Vehicle Transport Rules

On WMA lands managed by the South Carolina Department of Natural Resources (SCDNR), all firearms transported in vehicles must be unloaded and secured in a weapons case, in the trunk of a vehicle, or in a locked toolbox. A firearm is considered "loaded" if it has a shell in the chamber, magazine, or (for muzzleloaders) a cap on the nipple or powder in the flash pan.

Exception: On the Francis Marion Hunt Unit during deer hunts with dogs, loaded shotguns may be transported in vehicles.

No target practice is permitted on WMA lands except in specifically designated areas.

Pending Legislation

S. 638 — Voluntary Waiver of Firearm Rights (introduced March 15, 2023, 125th Session): This bill would require SLED to establish a "South Carolina Voluntary Do-Not-Sell Firearms List" allowing individuals aged 18+ to voluntarily waive their right to purchase, possess, or transport firearms. Enrollment would prohibit the person from purchasing, possessing, or transporting firearms. Removal requires a written application with a mandatory 14-day waiting period. Knowing sale to a person on the list would be a felony (up to $2,000 fine or 5 years imprisonment). As of the 2023-2024 session, the bill was referred to the Senate Judiciary Committee's Subcommittee (Climer, ch.) and has not advanced.

Key Statute Cross-Reference Table