It is unlawful for an alien unlawfully present in the United States to purchase, offer to purchase, sell, lease, rent, barter, or exchange a firearm. It is also a crime for anyone to knowingly sell, offer to sell, deliver, lease, rent, barter, or exchange a firearm to a person knowing that such person is not lawfully present in the United States. S.C. Code § 16-23-530(A), (B).

A person who has been adjudicated as a mental defective or who has been committed to a mental institution, as those terms are specifically defined, is prohibited from acquiring a firearm or ammunition. S.C. Code §§ 23-31-1040(A), 23-31-1010 (definitions).

It is a crime to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale a handgun to any of the persons listed at S.C. Code § 16-23-30(B) – anyone convicted of a crime of violence, a fugitive from justice, habitual drunkard, drug addict or anyone who has been adjudicated mentally incompetent, any member of a “subversive organization,” anyone who by court order in South Carolina, has been adjudged unfit to carry or possess a firearm, and anyone under 18, and it is a crime for such persons to acquire a handgun (subject to limited exceptions).

It is a crime to knowingly buy, sell, transport, pawn, receive, or possess any stolen handgun or one from which the original serial number has been removed or obliterated. S.C. Code § 16-23-30(C).

Any resident of South Carolina (including a corporation or other business entity maintaining a place of business in the state) who may lawfully purchase and receive delivery of a rifle or shotgun in South Carolina may purchase a rifle or shotgun in another state, if the sale complies with the laws of South Carolina and the state of sale, federal law, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector.  S.C. Code § 23-31-10.

A resident of another state may purchase rifles and shotguns in South Carolina if the resident conforms to the laws of South Carolina and the state of residence, and federal law. S.C. Code § 23-31-20.

South Carolina does not have laws regulating sales at gun shows.

“Dealer” means any person engaged in the business of selling firearms at retail or any person who is a pawnbroker. S.C. Code § 16-23-10(2).

South Carolina has prohibitions that apply to all firearms and ammunition, and separate prohibitions that apply to handguns.

Firearms & Ammunition

It is unlawful for anyone convicted of a “violent crime” that is classified as a felony offense to possess a firearm or ammunition in the state. A “violent crime” includes murder, attempted murder, certain criminal sex crimes, serious assault and battery crimes, armed robbery, specific drug crimes, certain sexual offenses involving a child, domestic violence in the first degree, and the other state crimes specifically listed. S.C. Code §§ 16-23-500(A), 16-1-60 (violent crimes defined). “Firearm” is not defined.

The penalty for a violation of the above crime must include confiscation of the firearm or ammunition involved and having it turned over to local law enforcement. The law enforcement agency may use it itself or transfer it to another law enforcement agency, trade it with a retail firearm dealer for a firearm, ammunition, or any other equipment approved by the agency, or destroy it. A firearm or ammunition cannot be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined, and any gun or ammunition belonging to an uninvolved innocent owner must be released to that owner. S.C. Code § 16-23-500(C).

It is a felony for an alien unlawfully present in the United States to possess, purchase, offer to purchase, sell, lease, rent, barter, exchange, or transport a firearm in South Carolina.  It is also a crime to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into the state a firearm to a person knowing that the person is not lawfully present in the United States. S.C. Code § 16-23-530(A), (B). 

State law also imposes a firearm disability on persons with certain domestic violence convictions (in South Carolina or elsewhere) or those who are subject to certain protective orders. It is unlawful for a person to ship, transport, receive, or possess a firearm or ammunition, if the person:

• has been convicted of domestic violence in the first degree or domestic violence of a high and aggravated nature, as those offenses are defined in state law, or of any equivalent crime in another jurisdiction. S.C. Code § 16-25-30(A)(1);
• has been convicted of domestic violence in the second degree, as that offense is defined in state law, where the court specifically found that the person caused moderate bodily injury to their own household member, or of an equivalent crime in another jurisdiction where the court made the specific finding. S.C. Code § 16-25-30(A)(2);
• has been convicted of domestic violence in the second or third degree, as those offenses are defined in state law or an equivalent crime in another jurisdiction, and the court has included a firearm prohibition at the time of sentencing. S.C. Code § 16-25-30(A)(3);
• is subject to a valid domestic violence order of protection issued in South Carolina or a court of another jurisdiction, where the judge has made a specific finding of physical harm, bodily injury, assault, or that the person offered or attempted to cause physical harm or injury to a person’s own household member with apparent and present ability under the circumstances reasonably creating fear of imminent peril and the judge included a firearm prohibition as part of the order. S.C. Code § 16-25-30(A)(4), (5).

A court is required to give a person who has been convicted or made subject to a firearm-prohibiting order or offense a written notice that “conspicuously” warns the person about the firearm disability that results from the conviction or protection order. S.C. Code § 16-25-30(D).

A “conviction” for the purposes of the above domestic violence firearms prohibition counts only if the defendant was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and in the case of a prosecution for an offense where the defendant would be entitled to a jury trial, either the case was tried by a jury or the person knowingly and intelligently waived the right to have a jury trial. A conviction that has been expunged, set aside, or is an offense for which the person has been pardoned is also not included.

Not all of these firearm disabilities due to a domestic violence conviction are permanent based on S.C. Code § 16-25-30(E). The firearm disability arising from a conviction for domestic violence in the second or third degree where the judge at the time of sentencing ordered that the person is prohibited possessing a firearm or ammunition, expires after three years from the date of conviction or the date the person is released from confinement for the conviction, whichever is later; S.C. Code § 16-25-30(E)(3). The person may contact the South Carolina Law Enforcement Division (SLED) in writing to ask that SLED notify the National Instant Criminal Background Check System (NICS) that the State has restored the person’s firearm rights and require immediate removal of the person’s name from the NICS database. S.C. Code § 16-25-30(F)(2).

It is a felony for anyone 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. At the time the person is adjudicated as a mental defective or is committed to a mental institution, the court must provide the person or the person’s representative with written notice that informs the person or the person’s representative of the firearms prohibition. S.C. Code § 23-31-1040(A), (D).  “Adjudicated as a mental defective” and “committed to a mental institution” are specifically defined terms that require a formal finding by a court; see S.C. Code § 23-31-1010.

The above crime has a specific definition of a “firearm” that includes a frame or receiver or a firearm suppressor. It does not apply to an “antique firearm.” “Antique firearm,” for the purposes of this exception, means a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898, or a replica of a firearm of such a firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire-fixed ammunition, or uses rimfire or conventional centerfire-fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. S.C. Code § 23-31-1050(2) and (3) (definitions of “firearm” and “antique firearm”).

The penalty for a violation of the above crime by persons adjudicated as a mental defective or committed to a mental institution must include confiscation of the firearm or ammunition involved and having it turned over to local law enforcement. The law enforcement agency may use it itself or transfer it to another law enforcement agency, trade it with a retail firearm dealer for a firearm, ammunition, or any other equipment approved by the agency, or destroy it. A firearm or ammunition cannot be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined, and any gun or ammunition belonging to an uninvolved innocent owner must be released to that owner. S.C. Code § 23-31-1040(C).

If the adjudication or commitment occurred in South Carolina, such persons may petition a court to restore their firearm rights; see Restoration of Rights.

Patients receiving in-patient alcohol or drug addiction services in a treatment facility operated by the state Department of Mental Health and under the jurisdiction of the Division of Alcohol and Drug Addiction Services are prohibited from possessing firearms or dangerous weapons. Any person who intentionally or negligently allows a patient access to or possession of firearms or dangerous weapons or who attempts to furnish such items for a patient commits a felony. S.C. Code § 44-52-165(A), (B).

South Carolina does not have a minimum age limit for possession of rifles or shotguns although state law generally prohibits any person under the age of 18 from possessing or acquiring a handgun. See below on Handguns. A “juvenile” committed to the custody of the state Department of Juvenile Justice is prohibited from possessing any firearm or “any device which may be used as a weapon,” and it is a felony to give such a juvenile (or to possess with the intent to giving) a firearm or other weapon on the institutional property of the department. S.C. Code § 63-19-1670.

No patient or prisoner under the jurisdiction of the state Department of Mental Health is allowed access to firearms or dangerous weapons; any person who intentionally or negligently allows patients or prisoners of the department access to these items or who attempts to provide these items to patients or prisoners of the department commits a felony. S.C. Code § 44-23-1080.

Handguns

“Handgun” means any firearm designed to expel a projectile and designed to be fired from the hand, but does not include any firearm generally recognized or classified as an antique, curiosity, or collector’s item, or any that does not fire fixed cartridges. S.C. Code § 16-23-10(1).

S.C. Code § 16-23-30(B) prohibits the following persons from acquiring or possessing a handgun in South Carolina:

• Any person who has been convicted of a crime of violence, whether in South Carolina or elsewhere.  A “crime of violence” is defined at S.C. Code § 16-23-10(3) as murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year.
• A fugitive from justice, defined as “any person who has fled from or is fleeing from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence.” S.C. Code § 16-23-10(4).
• A habitual drunkard or drug addict or anyone who has been adjudicated mentally incompetent.
• Any person who is a member of a “subversive organization” -- a group, committee, club, league, society, association, or combination of individuals the purpose of which, or one of the purposes of which, is the establishment, control, conduct, seizure, or overthrow of the government of the United States or any state or political subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of the foregoing. S.C. Code § 16-23-10(5).
• a person who, by order of a circuit judge or county court judge in South Carolina, has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or by the court, but the person is first entitled to reasonable notice and a proper hearing prior to any such adjudication.
• A person under the age of 18, but this doesn’t apply to (1) the temporary loan of handguns for instruction under the immediate supervision of a parent or adult instructor, or (2) the issue of handguns to members of the US armed forces, active or reserve, National Guard, State Militia, or ROTC, when on duty or training.

It is also unlawful for any person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale a handgun to any of the persons listed above. S.C. Code § 16-23-30(A).

Other Possession Laws

Schools and “publicly owned buildings.” It is a felony to possess a “firearm of any kind” on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly-owned building. This does not apply to any of the following: (1) A person who has the express permission to possess the gun from the authorities in charge of the premises or property. (2) On premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, a person who is carrying pursuant to a valid concealed weapons permit when the firearm remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the vehicle luggage compartment. (3) A guard, law enforcement officer, or member of the armed forces, or student of military science. (4) A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings. (5) A person with a valid concealed weapons permit on any premises, property, or building that is part of an interstate highway rest area facility. (6)   Possession on state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic. S.C. Code § 16-23-420(A)-(F).

Alcohol establishments. It is a crime to carry a firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises, although a person carrying a concealable weapon pursuant to a concealed weapons permit may carry provided he or she does not consume alcoholic liquor, beer, or wine while carrying on the business premises. S.C. Code § 16-23-465.

Public buses and transit. It is unlawful for a passenger in a bus or any other public transportation vehicle to carry or possess any weapon, except for weapons carried by a law enforcement official. A “bus” means any passenger bus or other motor vehicle having a seating capacity of not less than ten passengers operated by a public transportation provider for the purpose of carrying passengers, including charter passengers. S.C. Code §§ 58-23-1830(a)(3), 58-23-1820(b) (definitions).

For additional restrictions on carrying, see the section on Carrying.

It is generally unlawful to keep or possess a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, as those terms are defined. S.C. Code §§ 16-23-230, 23-31-310 to 370. See the section on Assault Weapons, Machine Guns, Magazines, Ammunition.  

Besides a person carrying as allowed by a concealed weapons permit, the other exceptions to the “unlawful carry” crime in S.C. Code § 16-23-20 include:

• A person at their home, fixed place of business, or their other real property they own or control, or who has the permission of the owner or the person in legal possession or legal control of the home or property. However, an employee of the fixed place of business (other than a business selling alcoholic liquor, beer or wine for on-premises consumption) may carry only after obtaining a concealed weapons permit and the permission of the employer or person in legal control of the premises.
• A person in a vehicle where the handgun is secured in a closed glove compartment, closed console or closed trunk, or in a closed container “secured by an integral fastener and transported in the luggage compartment of the vehicle.” (If the person has a concealed weapon permit, he or she may secure the handgun under a seat or in any open or closed storage compartment within the vehicle’s passenger compartment, or carry it concealed in the vehicle). State law defines a “luggage compartment” as being the trunk of a motor vehicle (for vehicles that have a trunk); for vehicles that don’t have a trunk, it means the area designed by the manufacturer for carrying luggage. In a station wagon, van, hatchback vehicle, truck, or sport utility vehicle, the term ‘luggage compartment’ refers to the area behind the rearmost seat. 
• A person on a motorcycle when the handgun is secured in a closed saddlebag or other similar closed accessory container attached, whether permanently or temporarily, to the motorcycle.
• A person transferring a handgun directly from or to a vehicle and a location where one may legally possess the handgun.
• A person carrying an unloaded handgun in a secure wrapper from the place of purchase to their home, fixed place of business or while moving (changing their residence or place of business).
• Law enforcement officers and prison guards while they are on duty.
• Retired commissioned law enforcement officers employed as private detectives or private investigators.
• On–duty members of the armed forces, reserve forces, National Guard, or State Militia.
• Members (and invited guests) of organizations authorized by law to buy or receive firearms from the United States or South Carolina, or regularly enrolled members (and their invited guests) of target shooting or firearms collecting clubs while these members are at or going to or from their places of target practice or their shows and exhibits.
• Licensed hunters or fishermen while hunting or fishing or travelling to and from places of hunting or fishing on foot or by vehicle.
• A person engaged in the business of manufacturing, repairing, repossessing, or dealing in firearms, or their agent or representative, who possess, use, or carry a handgun in the usual or ordinary course of their business involving firearms.
• A person engaged in firearms-related activities while on the premises of a fixed place of business which conducts, as a regular course of its business, activities related to sale, repair, pawn, firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of firearms to holders of permits.
• Guards authorized by law to possess handguns and engaged in protection of property of the United States or any of its agencies.
• Authorized military or civil organizations and their members while parading or going to and from the places of their respective organizations.

A person does not need a permit to carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he or she has rented and upon which an accommodations tax has been paid. S.C. Code § 23-31-230.

A concealed weapons permit is also not required for a person carrying a self-defense device generally considered to be nonlethal, including the substance commonly referred to as “pepper gas.” S.C. Code § 23-31-215(O)(2).

A person who violates the “unlawful carry” law at S.C. Code § 16-23-20 commits a misdemeanor, and the handgun involved in the violation must be confiscated and turned over to local law enforcement. The law enforcement agency may use the handgun within the agency, transfer it to another law enforcement agency, trade it to a retail dealer licensed to sell handguns for a handgun or any other equipment approved by the agency, or destroy it. However, the handgun may not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. S.C. Code § 16-23-50.

Reciprocity. Pursuant to S.C. Code § 23-31-215(N), South Carolina will recognize licenses and permits from another state that requires an applicant to successfully pass a criminal background check and a course in firearm training and safety.

However, “South Carolina shall automatically recognize concealed weapon permits issued by Georgia and North Carolina.” A resident of a reciprocal state carrying in South Carolina is subject to and must abide by the state laws regarding concealable weapons, and the reciprocity provisions do not authorize the holder of any out-of-state permit or license to carry any firearm or weapon other than a handgun.

The State Law Enforcement Division (SLED) must maintain and publish a list of those states as the states with which South Carolina has reciprocity.   

South Carolina law does not permit the transfer of permits from other states.

Concealed Weapons Permit. The State Law Enforcement Division (SLED) is responsible for issuing concealed weapons permits. A “concealable weapon” is defined as “a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.” Tasers and pepper spray are not included in the definition. S.C. Code § 23-31-210(5).   

South Carolina is a “shall issue” state. S.C. Code § 23-31-215(A) (SLED must issue permit to qualified applicant).

A person who is a resident of South Carolina (which includes military personnel on permanent change of station orders) or a nonresident from another state who owns property in South Carolina, who are not prohibited from possessing a firearm and are at least 21 years old, are eligible to apply for a permit. A nonresident requires proof of ownership of real property, being a certified current document from the county assessor of the county in which the property is located verifying ownership. SLED must determine the appropriate document that fulfills this requirement. S.C. Code §§ 23-31-215(A), 23-31-210 (definition of resident, qualified nonresident).

Applicants must provide a completed application, a photocopy of a driver’s license or photo ID card; proof of residence (or if the person is a non-resident, the required proof of ownership of real property in South Carolina); proof of actual or corrected 20/40 vision or presentation of a valid South Carolina driver’s license; proof of training, the required fee (unless exempted as disabled veterans or retired law enforcement officers) and their fingerprints. S.C. Code § 23-31-215(A),

The required proof of training means an original or certified copy of a document showing the applicant has, within three years of the application date, successfully completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety and that includes both coursework (gun safety, state laws, proper storage) and live fire training in the presence of the instructor.

Applicants who meet the qualifications below need only show they have completed the training coursework on the state law relating to handguns and the use of deadly force:

• those who provide proof of military service through the submission of a DD214 form.
• retired law enforcement officers who produce proof of graduating from the Criminal Justice Academy, or of being a law enforcement officer prior to the requirement for graduation from the Criminal Justice Academy.
• retired state or federal law enforcement officers who produce proof of graduation from a federal or state academy that includes firearms training as a graduation requirement.

The training requirement does not apply to applicants who can show that they are: an instructor certified by the NRA or another SLED-approved competent national organization that promotes the safe use of handguns; a person who can demonstrate to the Director of SLED or his designee that s/he has a proficiency in both the use of handguns and state laws pertaining to handguns; an active duty police handgun instructor; a person who has a SLED-certified or approved competitive handgun shooting classification; or a member of the active or reserve military, or a member of the National Guard. S.C. Code § 23-31-210(4) (definition of “proof of training”).

SLED must conduct state, local and federal background checks of the applicant. A decision on whether to issue or deny the permit must be made within 90 days of the application date. S.C. Code § 23-31-215(C).

In the case of a denial, SLED must provide a written statement specifying its reasons. An appeal from a denial of a permit may be taken to the Chief of SLED within 30 days of the date the denial notice is received. The chief must rule on the appeal in writing within ten days from the date the appeal is received, and must provide reasons if confirming a denial. The chief’s ruling may be reviewed by the Administrative Law Court by a petition filed within thirty days from the date of delivery of the chief’s decision. S.C. Code §§ 23-31-215(C), (D).

Unless revoked, permits and renewals are valid for five years and are valid statewide. S.C. Code § 23-31-215(J), (P).

A permit may be revoked because the holder has become a person prohibited under state law from possessing a weapon (see the Possession section); moved his permanent residence to another state or no longer owns real property in South Carolina; has voluntarily surrendered the permit; or has been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then the permit must be reinstated at no charge. S.C. Code § 23-31-215(J).

Once a permit is revoked, the permit must be surrendered to a sheriff, police department, a SLED agent, or by certified mail, to the Chief of SLED. It is an misdemeanor crime to fail to surrender a permit when required to do so. S.C. Code § 23-31-215(J).

A permit holder must have his permit card in his or her possession whenever he or she carries a concealable weapon. The permit holder “must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card” when an officer identifies himself/herself as a law enforcement officer and requests ID or a driver’s license from a permit holder. S.C. Code § 23-31-215(K).

Prohibited Places for Carrying.* Based on S.C. Code § 23-31-215(M), a concealed weapons permit does not authorize the holder to carry in the following places:

• Law enforcement, detention or correctional facilities.
• A courthouse or courtroom.
• A polling place on election days.
• An office of, or the business meeting of, the governing body of a county, public school district, municipality, or special purpose district.
• A school or college athletic event not related to firearms.
• A daycare or preschool facility.
• A hospital, medical clinic, doctor’s office, or any other facility where medical services or procedures are performed, unless expressly authorized by the employer.
• A church or other established religious sanctuary, unless express permission is given by an appropriate official or governing body.
• Any place where federal law prohibits the carrying of firearms.
• A place where the private property owner or person in legal possession or control of the premises has clearly posted with a sign (“No Concealable Weapons Allowed”), although the property owner or the owner’s agent may give written consent that allows individuals to enter onto property regardless of any such posted sign.
• For employees, any workplace that a public or private employer has posted to prohibit a permit holder from carrying a concealable weapon while at the workplace or while using any machinery, vehicle, or equipment owned or operated by the business. A property owner or the owner’s agent may give written consent that allows individuals to enter onto property regardless of any such posted sign.

A separate section, S.C. Code § 23-31-225, adds that a permit holder may not carry in the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession.

The posting/signage requirements are outlined at S.C. Code § 23-31-235. In places with entrance doors, the signs must be posted at each entrance into a building, they must be 8 inches wide by 12 inches tall in size with the words “NO CONCEALABLE WEAPONS ALLOWED” in black one-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign; include a black silhouette of a handgun inside a circle 7 inches in diameter with a diagonal line that runs from the lower left to the upper right at a 45 degree angle from the horizontal; and be placed not less than 40 inches and not more than 60 inches from the bottom of the building’s entrance door. There are separate signage requirements in that section for places that do not have entrance doors (generally, bigger signs to be posted in sufficient quantities to be clearly visible from any point of entry onto the premises).

A person carrying a concealable weapon into posted premises who refuses to leave when so requested, or refuses to remove the concealable weapon from the premises when requested, may be charged with a violation of the trespass law, S.C. Code § 16-11-620.

*See below for prohibited places that apply to any firearm, not just concealable weapons.

Exception for Judiciary. S.C. Code § 23-31-240 authorizes the following persons who have a valid permit to carry a concealable weapon “anywhere within this State” but only when “carrying out the duties of their office:” active Supreme Court justices, active judges of the court of appeals, active circuit court judges, active family court judges, active masters-in-equity, active probate court judges, active magistrates, active municipal court judges, active federal judges, active administrative law judges, active solicitors and assistant solicitors, and active workers’ compensation commissioners.

“Prohibited Places” for Firearms (including concealable weapons). State law includes more general prohibitions on possession or carrying of firearms:   

It is unlawful for any person to carry or have readily accessible to the person any firearm or dangerous weapon on the South Carolina Capitol grounds or within the Capitol Building. This does not apply to anyone with a valid concealable weapons permit who is also authorized to park on the capitol grounds or in the parking garage below the capitol grounds. The firearm must remain locked in the person’s vehicle while on or below the capitol grounds and must be stored in a place in the vehicle that is not readily accessible to any person upon entry to or below the capitol grounds. S.C. Code § 10-11-320.

It is a felony to possess a “firearm of any kind” on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly-owned building. This does not apply to any of the following: (1) A person who has the express permission to possess the gun from the authorities in charge of the premises or property. (2) On premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, a person who is carrying pursuant to a valid concealed weapons permit when the firearm remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the vehicle luggage compartment. (3) A guard, law enforcement officer, or member of the armed forces, or student of military science. (4) A married student residing in an apartment provided by the private or public school whose presence with a weapon in or around a particular building is authorized by persons legally responsible for the security of the buildings. (5) A person with a valid concealed weapons permit on any premises, property, or building that is part of an interstate highway rest area facility. (6) Possession on state or locally owned or maintained roads, streets, or rights-of-way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, which are open full time to public vehicular traffic. S.C. Code § 16-23-420(A)-(F).

It is a crime to carry a firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises, although a person carrying a concealable weapon pursuant to a concealed weapons permit may carry provided he or she does not consume alcoholic liquor, beer, or wine while carrying on the business premises. S.C. Code § 16-23-465.

It is unlawful for a passenger in a bus or any other public transportation vehicle to carry or possess any weapon, except for weapons carried by a law enforcement official. A “bus” means any passenger bus or other motor vehicle having a seating capacity of not less than ten passengers operated by a public transportation provider for the purpose of carrying passengers, including charter passengers. S.C. Code §§ 58-23-1830(a)(3), 58-23-1820(b) (definitions).

Possession of any firearm, airgun, explosive, or firework is prohibited in any park or facility under the jurisdiction of the Department of Parks, Recreation and Tourism. The section does not apply to a person carrying a concealable weapon and its ammunition pursuant to a valid concealable weapons permit, or to authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. S.C. Code § 51-3-145(G).

Carrying on or about the person or discharge a firearm of any kind, including an air gun, bow and arrow, or dangerous weapon within or across the Riverbanks Park property is prohibited. This does not apply to a person licensed to carry a concealed weapon. S.C. Code § 51-13-80(A)(7).

Hunting laws prohibit hunting from a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent to the public road or railroad right-of-way; however, the definition of “hunt” in that section includes possessing, carrying or having to hand a loaded rifle, or a shotgun loaded with shot size larger than number four. “Loaded” means a weapon within which any ammunition is contained. This does not apply to a centerfire rifle or shotgun which is contained in a closed compartment, closed vehicle trunk, or a vehicle traveling on a public road. S.C. Code § 50-11-760.

An innkeeper may refuse or deny service or accommodations and eject a person from the lodging establishment premises if the innkeeper “reasonably believes that the person has brought property into the lodging establishment premises which may be dangerous to other persons including, but not limited to, firearms …”  S.C. Code §§ 45-2-30(A)(4), 45-2-60(4).

*The city of Columbia, South Carolina passed Ordinance No. 2017-109 in December 2017 (since codified as Sec. 14-100 of the City Code). This prohibits the possession of “bump stocks,” “bump fire stocks,” and “trigger cranks” except by members of the US military or any legally sworn law enforcement personnel while engaged in the course of their duties, or possessed by a person who is not prohibited under state or federal law from using, owning or possessing a firearm, and the device is completely disconnected from any firearm in a manner which would render the device inoperable and stored in a separate container from the firearm or weapon. While the State Attorney General has not ruled on this ordinance, on December 2, 2019, Attorney General Alan Wilson opined that two other City of Columbia ordinances (prohibiting guns within 1,000 ft. of a school and purporting to impose “Extreme Risk Protection Orders” relating to possession of a firearm) were invalid as being in violation of the state firearm preemption law, S.C. Code 23-31-510 (“the General Assembly intended that state law expressly occupy the entire field of South Carolina firearm regulation and preempt any local ordinance”). See http://www.scag.gov/archives/40005 and http://www.scag.gov/archives/40007.

Machine guns, military firearms, sawed-off shotguns, and sawed-off rifles. State law defines a “machine gun” as 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. It includes the frame or receiver, any combination or parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. S.C. Code §§ 16-23-210(a), 23-31-310(a).

A “sawed-off shotgun” means a shotgun having a barrel or barrels of less than 18 inches in length or a weapon made from a shotgun which, as modified, has an overall length of less than 26 inches or a barrel(s) of less than 18 inches. “Sawed-off rifle” means a rifle having a barrel or barrels of less than 16 inches or a weapon made from a rifle which, as modified, has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches. S.C. Code §§ 16-23-210(b), (d) and 23-31-310(b), (d).  These do not include “antique firearms” (see definition of “rifle” and “shotgun” at S.C. Code §§ 16-23-210(c), (e) and 23-31-310(c), (e)).

An “antique firearm” is defined as any firearm not designed or redesigned for using rimfire or conventional centerfire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade. S.C. Code §§ 16-23-210(f), 23-31-310(f).

A “military firearm” means any military weapon, firearm, or destructive device, other than a machine gun, that is manufactured for military use by a firm licensed by the federal government pursuant to a contract with the federal government and does not include a pistol, rifle, or shotgun which fires only one shot for each pull of the trigger. S.C. Code §§ 16-23-210(g), 23-31-310(g).

It is generally unlawful to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle. It is generally unlawful for a person to transport within the state, or for any railroad company, express company, or other common carrier or any person acting in their behalf, to knowingly ship or to transport within the state, a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle. It is also generally unlawful to sell, rent, give away, or participate in any way in the sale, renting, giving away, or otherwise disposing of a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle. S.C. Code §§ 16-23-220, 16-23-230, 16-23-240. Exceptions to this are listed below.

The above prohibitions do not apply to:

• “antique firearms” (see above for the definition), or firearms “kept for display as relics and which are rendered harmless and not usable”;  
• any person authorized to possess these weapons by the US Department of the Treasury, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), or any other federal agency empowered to grant this authorization;
• persons licensed pursuant to S.C. Code § 23-31-370 (see below);
• members of the military, National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles from the United States or from the State of South Carolina as part of official duties;
• when required by their official duties, a peace officer of the state, county or other political subdivision, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of a state prison, correction facility, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases;
• when required by their official duties, persons on duty in the US postal service or a common carrier while transporting direct to a police department, military, or naval organization or person authorized by law to possess or use these weapons, or any common or contract carrier transporting or shipping any machine gun or military firearm to or from the manufacturer if the transportation or shipment is not prohibited by federal law;
• any manufacturer of machine guns or military firearms licensed pursuant to federal law. In addition, 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 manufactured, transported, possessed, and sold within the state by the manufacturer.

S.C. Code §§ 16-23-270, 16-23-250, 16-23-280.

A separate South Carolina law, S.C. Code § 23-31-330(A), requires the registration of machine guns, sawed-off shotguns, and sawed-off rifles with the State Law Enforcement Division (SLED). This applies to every person permitted by S.C. Code § 23-31-320 to possess a machine gun, sawed-off shotgun or sawed-off rifle, and any person elected or appointed to any office or position which entitles the person to possess a machine gun or sawed-off shotgun or sawed-off rifle. The application for registration must include the serial number and make of the machine gun, sawed-off shotgun or sawed-off rifle. SLED is required to issue a “license” card that the applicant must carry while he has the machine gun or sawed-off shotgun or sawed-off rifle in his possession. The registration expires on December 31 of the year in which the license is issued.

The registration requirement does not apply to: “weapons are possessed by a governmental entity which has a significant public safety responsibility for the protection of life or property,” or guns that are kept for display as relics and which are rendered harmless and not usable; or a  manufacturer of machine guns or military firearms licensed under federal law; or any common or contract carrier transporting or shipping any machine guns or military firearms to or from such manufacturer if the transportation or shipment is not prohibited by federal law; or “antique firearms.” Further, 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, a manufacturer is required to give SLED the serial numbers of all machine guns or military firearms manufactured by it within 30 days of such manufacture. S.C. Code §§ 23-31-330(B), 23-31-320, 23-31-350, 23-31-360.

SLED is also authorized to issue a special limited license for the possession, transportation, and sale of machine guns within South Carolina to persons: (1) who are authorized representatives of a machine gun manufacturer or dealer engaged in demonstrating and selling them to agencies authorized by law to possess them, or (2) who are engaged in professional movie-making or providing services to professional movie-makers who use machine guns as regulated by this article in the course of creating movie “special effects.” A special license is valid for a specified period which must be stated on the license, and which cannot exceed six months. S.C. Code § 23-31-370.

Ammunition. S.C. Code § 16-23-520 makes it a felony to use, transport, manufacture, possess, distribute, sell, or buy any ammunition or shells that are coated with polytetrafluoroethylene (teflon).

Certain persons are subject to a prohibition on the possession of any ammunition; see the section on Possession.

It is unlawful for anyone except an authorized law enforcement officer to possess, use, transport, sell, or buy a tear-gas machine or gun, or its parts, or any ammunition, shells, or equipment that may be used in a tear-gas gun or machine. (This does not apply to ear gas for the destruction of insects or rodents if tear gas is not in containers or shells suitable for use in a tear-gas gun, equipment, or machine and if the purchaser has written authority for the purchase and use of tear gas from the county agent of the county in which he resides.) S.C. Code § 16-23-470.

Article 3 of Chap. 23, Title 16, the part of the weapons law that governs machine guns, sawed–off shotguns and rifles, has a specific exception at S.C. Code § 16-23-270 that reads: “The provisions of this article shall not apply to antique firearms.” “Antique firearm,” as used in that section, is defined as “any firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898 (including any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898) and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.” S.C. Code § 16-23-210(f). (See also S.C. Code § 23-31-310(f), definition of “antique firearm”).

The crime of unlawful carrying of a handgun at S.C. Code § 16-23-20, making it unlawful to carry about the person any handgun, whether concealed or not, except as allowed by law, has an exception at § 16-23-20(3) for “regularly enrolled members, or their invited guests, of clubs organized for the purpose of target shooting or collecting modern and antique firearms while these members, or their invited guests, are at or going to or from their places of target practice or their shows and exhibits.”

Anyone who has been adjudicated as a mental defective or who has been committed to a mental institution is prohibited from shipping, transporting, possessing, or receiving a firearm, but the definition of “firearm” does not include an “antique firearm.” “Antique firearm,” for the purposes of that exception, means a firearm, including a firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898, or a replica of a firearm of such a firearm if the replica is not designed or redesigned for using rimfire or conventional centerfire-fixed ammunition, or uses rimfire or conventional centerfire-fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. S.C. Code §§ 23-31-1040 (offense), 23-31-1050(2) and (3) (definitions).

An exception at S.C. Code § 23-31-520 preserves the authority of any county, municipality, or political subdivision to regulate the careless or negligent discharge or public brandishment of firearms, including the regulation of public brandishment during the times of or a demonstrated potential for insurrection, invasions, riots, or natural disasters.

However, an ordinance cannot regulate or attempt to regulate a landowner discharging a firearm on the landowner’s property to protect the landowner’s family, employees, the general public, or property from animals that the landowner reasonably believes pose a direct threat or danger to the landowner’s property, people on the landowner’s property, or the general public. The landowner’s property must be a parcel of land comprised of at least 25 contiguous acres. Any ordinance regulating the discharge of firearms that does not specifically provide for this exclusion is unenforceable as it pertains to an incident described in this paragraph; otherwise, the ordinance is enforceable. S.C. Code § 23-31-510(2).

State law prohibits any local government from confiscating a firearm or ammunition except as incident to an arrest. S.C. Code § 23-31-520.

On December 2, 2019, South Carolina Attorney General Alan Wilson opined that two City of Columbia ordinances (prohibiting guns within 1,000 ft. of a school, and purporting to impose “Extreme Risk Protection Orders” relating to possession of a firearm) were invalid as being in violation of the state firearm preemption law at S.C. Code § 23-31-510(1). Both opinions advised: “In order to be unmistakably clear, our Office consistently has construed Sections 23-31-510 and -520 to mean that the General Assembly intended that state law expressly occupy the entire field of South Carolina firearm regulation and preempt any local ordinance on the same subject, except where local regulation are expressly permitted by those same statutes,” adding that “a firearm policy decision like that sought by the City is a matter for the State Legislature exclusively and cannot be set at the local level.” See http://www.scag.gov/archives/40005 (carrying a firearm with 1,000 feet of school) and http://www.scag.gov/archives/40007 (extreme risk protection orders).

Mental Health Adjudication, S.C. Code § 23-31-1030. A person who is prohibited under 18 U.S.C. §922(g)(4) or S.C. Code § 23-31-1040 due to an adjudication as a mental defective or a commitment to a mental institution  that occurred in South Carolina may petition the court that issued the original order to remove the prohibitions. The petition must include an authorization and release signed by the petitioner authorizing disclosure of the petitioner’s current and past medical records, including mental health records. Within 90 days of receiving the petition, the court must hold a hearing. At the hearing, the petitioner has the opportunity to submit evidence about the following: the circumstances regarding the imposition of the firearm and ammunitions prohibition; the petitioner’s mental health and criminal history records; evidence of the petitioner’s reputation developed through character witness statements, testimony, or other character evidence; and a current evaluation presented by the petitioner conducted by the Department of Mental Health or a physician licensed in South Carolina, specializing in mental health and specifically addressing whether, due to mental defectiveness or mental illness, the petitioner poses a threat to the safety of the public or himself or herself.

The hearing is closed to the public unless the petitioner seeks an open hearing. The petitioner’s mental health records are not open to public disclosure. A record of the hearing must be made and maintained for review.

If the court finds 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 Department of Mental Health or by a testifying physician as not likely to act in a manner dangerous to public safety; and granting the petitioner relief will not be contrary to the public interest, the petition must be granted.

If the court lifts the firearm disability, the court must notify the State Law Enforcement Division (SLED) and provide a certified copy of the order. SLED must promptly inform the federal National Instant Criminal Background Check System (NICS) database of the court action removing the petitioner’s firearm disability.

If the court denies the petition and does not remove the firearm disability, the petitioner may appeal to the circuit court for de novo review. In conducting its review, the circuit court must review the record of the proceedings, may give deference to the decision of the court denying the petition, and may receive additional evidence as necessary to conduct an adequate review.

Domestic Violence Convictions, S.C. Code § 16-25-30(E). The firearm disability arising from a conviction for domestic violence in the second or third degree where the judge at the time of sentencing ordered that the person is prohibited possessing a firearm or ammunition, expires after three years from the date of conviction or the date the person is released from confinement for the conviction, whichever is later; S.C. Code § 16-25-30(E)(3). The person may contact the South Carolina Law Enforcement Division (SLED) in writing to ask that SLED notify the National Instant Criminal Background Check System (NICS) that the State has restored the person’s firearm rights and require immediate removal of the person’s name from the NICS database. S.C. Code § 16-25-30(F)(2).

S.C. Code § 16-25-30(E)(2) states that for persons convicted of domestic violence in the first degree (S.C. Code §16-25-20(B) or an equivalent crime in another jurisdiction), the resulting firearm disability lasts ten years from the date of conviction or the date the person is released from confinement for the conviction, whichever is later. However, under a separate section, S.C. Code § 16-23-500(A), it is unlawful for anyone convicted of a “violent crime” (any felony listed in Section 16-1-60) to possess a firearm or ammunition. “Violent crime” includes Section 16-25-20(B) crimes of domestic violence in the first degree. For convictions that occurred in South Carolina, there is no expiration date in S.C. Code § 16-23-500(A).

For any person seeking a restoration of rights, the lifting of the firearm disability operates if the person is not otherwise subject to a different firearm prohibition under state or federal law. For example, a petition to restore rights due to a mental health adjudication will not affect a firearm prohibition arising out of a disqualifying criminal conviction.

To restore rights after other criminal convictions, a pardon or expungement of records may be available.

We recommend you consult an attorney for advice regarding any specific case.

For general information on restoration of rights, see the state website on pardons, https://www.dppps.sc.gov/Parole-Pardon-Hearings/Pardon-Application, and the federal and relevant state law page at https://ccresourcecenter.org/restoration. 

A local government may regulate the location and construction of a new shooting range built after May 1, 2000. S.C. Code § 31-18-50.

Nuisance actions against a shooting range located in the vicinity of a person’s property are generally prohibited if the shooting range was established as of the date the person acquired the property, unless there has been a “substantial change in the use” of the range after the person acquired the property. Any such nuisance action must be initiated within three years from the beginning of the substantial change. S.C. Code §§ 31-18-30(A), 31-18-20(3) (definitions of “shooting range,” “substantial change”).

A person who owns property in the vicinity of a shooting range that was established after the person acquired the property may maintain a nuisance action for noise against that shooting range only if the action is brought within five years after establishment of the range or three years after a substantial change in use of the range. S.C. Code §§ 31-18-30(B), 31-18-20(3) (definitions of “shooting range,” “substantial change”).

Otherwise, if there has been no shooting activity at a range for a period of three years, resumption of shooting is considered establishment of a new shooting range. The three-year period stops running or accruing for any time shooting activity ceases due to legal action against the shooting range. S.C. Code §§ 31-18-30(C).

Each county in which there is an existing shooting range or in which a shooting range is established must prominently display a sign at a one-mile radius of each shooting range on all primary highways, to notify the public that they are entering the area of a shooting range. The signs must read: “SHOOTING RANGE--NOISE AREA.” The cost of the sign must be paid by the shooting range. Any shooting range in existence prior to January 1, 2000, must have a sign installed by January 1, 2001. S.C. Code § 31-18-60.

It is a felony to shoot a firearm at or into a dwelling house, other building, structure, or enclosure regularly occupied by persons, or at or into any vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied. S.C. Code § 16-23-440. It is a misdemeanor to shoot a firearm at a public boat landing or ramp. S.C. Code § 50-21-146.

It is a felony crime to (1) teach or demonstrate to another person the use, application, or making of a firearm if the person knows, has reason to know, or intends that what is taught or demonstrated will be employed unlawfully for use in, or in furtherance of, a civil disorder; or (2) assemble with one or more persons for the purpose of training, practicing, or instructing in the use of a firearm if the training, practice, or instruction is used in furtherance of an unlawful purpose or a civil disorder. This does not apply to classes intended to teach the safe handling of legal firearms for hunting, recreation, competition, or self-defense. S.C. Code §§ 16-8-20, 16-8-30 (exceptions).

It is a crime to knowingly buy, sell, transport, pawn, receive, or possess any stolen handgun or one from which the original serial number has been removed or obliterated. S.C. Code § 16-23-30(C).

It is unlawful to construct, set or place a loaded trap gun, spring gun or any like device in any manner in any building or in any place. S.C. Code § 16-23-450.

It is unlawful to discharge any firearm (including BB guns and pellet rifles) or to attempt to take or kill any wildlife by any means within any of the wildlife sanctuary areas listed in S.C. Code § 50-11-880.

It is unlawful to hunt deer with a firearm within 300 yards of a residence when less than ten feet above the ground, without permission of the owner and occupant. This does not apply to a landowner hunting on his or her own land or a person taking deer pursuant to a South Carolina Department of Natural Resources permit. S.C. Code § 50-11-355.

It is unlawful to use a firearm while in preparation for, engaged in the act of, or returning from hunting in a criminally negligent manner, being the reckless disregard for the safety of others. S.C. Code § 50-1-85.

It is unlawful to hunt, shoot, or in any way kill deer from a motorboat, raft, or other water conveyance, or to molest deer while any part of the deer is in the water. “Hunting” in this context and in reference to a vehicle, boat, or device, includes the transportation of a hunter to or from the place of hunting in violation of this prohibition, or the transportation of the carcass of a deer or any part of a deer which has been unlawfully hunted or killed. In addition to any other penalty, the boat, raft, or other water conveyance, vehicle, animal, firearm, and any other device being used in the violation of this prohibition must be confiscated. S.C. Code § 50-11-730.

A handgun that is found and turned over to a law enforcement agency must be held for a period of 90 days, during which time the agency must make “a diligent effort” to determine whether the handgun is stolen, used in the commission of a crime, and the true owner of the handgun. At least twice in that time, the agency must advertise, in a newspaper having general circulation in the county where the handgun was found, the full description of the gun. Once 90 days have passed since the date of the first publication and upon request of the person who found and turned over the handgun, the person who found and turned in the gun may make a claim for the gun on complying with federal law and paying all advertising and other costs incidental to returning the handgun. S.C. Code § 16-23-55.