South Carolina Weapon Restrictions for Concealed Carry

Prohibited Locations (Section 23-31-220)

South Carolina law restricts the carrying of concealed weapons in certain locations. The restrictions contained in Section 23-31-220 apply to all persons carrying concealed weapons, including:

• Concealed Weapons Permit (CWP) holders
• Those carrying under constitutional carry (2024 Act No. 111)
• Qualified retired law enforcement officers carrying under Section 23-31-600

Residence Restrictions

Carrying a concealed weapon into the residence or dwelling place of another person is prohibited without the expressed permission of the owner or person in legal control or possession of the premises, as appropriate (Section 23-31-600(D)).

Mental Health Prohibitions

Persons Prohibited (Section 23-31-1040)

It is unlawful for a person who has been:

• Adjudicated as a mental defective, or
• Committed to a mental institution

to ship, transport, possess, or receive a firearm or ammunition.

Definitions (Section 23-31-1010)

"Adjudicated as a mental defective" means a determination by a court of competent jurisdiction that a person, as a result of marked subnormal intelligence, mental illness, mental incompetency, mental condition, or mental disease:

• Is a danger to himself or to others; or
• Lacks the mental capacity to contract or manage the person's own affairs.

This term also includes:

• A finding of insanity by a court in a criminal case
• Persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to Articles 50a and 72b of the Uniform Code of Military Justice (10 U.S.C. Sections 850(a) and 876(b))

"Committed to a mental institution" means a formal commitment of a person to a mental institution by a court of competent jurisdiction. This includes:

• Involuntary commitment
• Commitment for mental defectiveness, mental illness, and other reasons such as drug use

This term does not include:

• A person in a mental institution for observation
• A voluntary admission to a mental institution

Penalties for Violation (Section 23-31-1040(B))

A person who violates the mental health prohibition is guilty of a felony and, upon conviction, must be:

• Fined not more than $2,000, or
• Imprisoned not more than five years, or
• Both

NICS Reporting (Section 23-31-1020)

• Courts must submit information on mental health adjudications and commitments to SLED within five days from the filing of each order.
• SLED transmits this information to the National Instant Criminal Background Check System (NICS).
• Under no circumstances may the court or SLED submit information relating to a person's diagnosis or treatment.
• If a person on the NICS list holds a current concealed weapons permit, the permit must be revoked and surrendered within ten days of notification.

Petition for Relief (Section 23-31-1030)

A person subject to firearm prohibitions due to mental health adjudication or commitment may petition the court that issued the original order to remove the prohibitions. Relief may be granted if the petitioner proves by a preponderance of the evidence that:

• The petitioner is no longer required to participate in court-ordered psychiatric treatment;
• The petitioner is 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; and
• Granting relief will not be contrary to the public interest.

Relief must not be granted if the petitioner has engaged in acts of violence subsequent to the last adjudication or commitment, unless the petitioner proves by clear and convincing evidence that they are not likely to act in a manner dangerous to public safety.

Key Legislation

• 2021 Act No. 66 — "Open Carry With Training Act" — Rewrote provisions related to carrying restrictions.
• 2024 Act No. 111 (H.3594) — "South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024" — Effective March 7, 2024. Revised restrictions applicable to concealed carry, including for retired law enforcement officers.
• 2013 Act No. 22 — Established NICS mental health adjudication and commitment reporting requirements, effective August 1, 2013.

Retired Law Enforcement Officers (Section 23-31-600)

Qualified retired law enforcement officers may carry concealed weapons in South Carolina provided they:

• Possess a valid identification card complying with 18 U.S.C. Section 926C
• Have met agency training and qualification standards within the past one year for the same type of firearm
• Carry certification of qualification (on the ID card or as a separate document)

All restrictions under Section 23-31-220 apply to retired law enforcement officers carrying concealed.