South Carolina Gun Laws: What Every Responsible Gun Owner Needs to Know

As a gun owner in South Carolina, it’s crucial to understand and abide by the state’s firearm laws. Ignorance is no excuse when it comes to complying with gun regulations. Whether you’re a long-time resident or new to the Palmetto State, brushing up on the key laws related to purchasing, possessing, and carrying firearms can help you stay on the right side of the law and avoid unintentionally getting into legal trouble.

Here’s an overview of some of the most important South Carolina gun laws.

Buying Rifles and Shotguns in South Carolina: In-State and Out-of-State Purchases

If you’re a South Carolina resident looking to buy a rifle or shotgun, the good news is you can purchase one not just in SC but also in another state, as long as the sale complies with the legal requirements of both state and federal law. The purchase must be made through a licensed dealer, importer, manufacturer, or collector.

Similarly, residents of any state can purchase rifles and shotguns in South Carolina as long as they follow SC laws as well as the laws of their home state. There are no state-specific licensing requirements for buying a rifle or shotgun in South Carolina beyond the federal mandates.

How to Get a Concealed Weapons Permit (CWP) in South Carolina

To legally carry a concealed weapon in South Carolina, you must have a valid Concealed Weapons Permit (CWP) issued by the South Carolina Law Enforcement Division (SLED). To qualify for a CWP, you must:

• Be at least 21 years old
• Be a resident of SC or own property in the state
• Not be prohibited by state law from possessing a weapon
• Pass a background check
• Show proof of training/experience with handguns
• Pay the required application fee

If granted, the CWP is valid statewide unless revoked. CWP holders must have their permit and photo ID on them whenever carrying a concealed weapon. Even with a CWP, you cannot carry into certain prohibited places like law enforcement facilities, courthouses, polling places, government meetings, schools, and daycares.

South Carolina’s New Open Carry with Training Law Explained

In August 2021, South Carolina passed the Open Carry With Training Act, allowing CWP holders to openly carry a handgun on their person. You must still have your CWP and ID whenever openly carrying. Property owners can prohibit open or concealed carry on their premises with appropriate signage.

Local governments may temporarily restrict open carry on public property during permitted events like protests, festivals, and parades. Concealed carry is not affected by such local restrictions.

Firearms and Devices Prohibited in South Carolina

South Carolina heavily regulates certain types of weapons and devices. It is illegal for the general public to manufacture, possess, transport, or sell:

• Machine guns
• Military firearms
• Sawed-off shotguns (barrels under 18″, overall length under 26″)
• Sawed-off rifles (barrels under 16″, overall length under 26″)

There are very limited exceptions for certain authorized military and law enforcement personnel. Antique firearms manufactured before 1898 are exempt. Violation of the restrictions on these weapons is a felony punishable by up to 10 years imprisonment and/or a fine.

Enhanced Penalties for Firearm Crimes in South Carolina

Specific crimes involving firearms carry enhanced penalties in South Carolina. For example:

• Unlawfully carrying a handgun is punishable by up to 1 year and/or $1,000.
• Committing or attempting to commit a violent crime while in possession of a firearm adds a 5 year mandatory minimum.
• Using a firearm while under the influence of alcohol or drugs is a misdemeanor punishable by 2 years and/or $2,000.

How a Felony Conviction Affects Gun Rights in South Carolina

A felony conviction results in the loss of gun rights in South Carolina. It is illegal under both state and federal law for a convicted felon to possess, transport, or sell firearms or ammunition unless the conviction has been expunged or gun rights have been explicitly restored.

Felons also lose other civil rights like voting, holding public office, and serving on a jury unless and until their citizenship rights are legally restored. Relief may sometimes be obtained through pardon or expungement.

Mental Health Adjudications and Firearm Rights in SC

Federal and South Carolina law prohibit possession of firearms and ammunition by those who have been adjudicated mentally defective or involuntarily committed to a mental institution. South Carolina reports qualifying mental health adjudications and commitments to NICS.

A person subject to this restriction may petition the court to have their gun rights restored if they meet certain criteria like no longer being required to participate in court-ordered psychiatric treatment and not likely to be a danger. SLED must inform NICS of any court order restoring rights.

Be a Responsible, Law-Abiding South Carolina Gun Owner

South Carolina respects the 2nd Amendment while imposing common sense regulations to promote responsible, law-abiding gun ownership and public safety. Knowing and following these laws protects you legally while helping reduce firearm accidents and injuries.

If you find yourself facing weapons charges or have questions about restoring firearm rights, consult an experienced SC gun crime attorney.

When exercising your right to bear arms, always emphasize gun safety. Store your firearms securely, keep them well maintained, and seek training to handle them properly. By being a responsible gun owner and staying informed of relevant laws, you do your part to keep South Carolina safe.