Gun laws in South Carolina 2022

As the South Carolina legislature returns for the start of the 2022 legislative session today, lawmakers will once again have the opportunity to pass common-sense gun safety bills. 2021 was marked by staggering levels of gun violence fueled by the gun lobby’s “guns everywhere” agenda. Across the nation, we saw historic levels of gunfire on school grounds and record homicide numbers in some cities. Shootings across the states underscored the deadly effects of America’s lax gun legislation, and the high profile trials of Ahmaud Arbery’s murderers and Kyle Rittenhouse highlighted the dangers of open carry and ‘Stand Your Ground’ or ‘Shoot First’ laws. As the stress and rippling effects of the COVID-19 pandemic extend into the new year, meaningful action on gun safety remains more critical than ever.

Last year, the South Carolina General Assembly passed HB 3094 — a bill allowing the open carry of handguns in public — ignoring vocal opposition from medical professionals, business and faith leaders, law enforcement, and members of the public, and putting South Carolinians at risk. To minimize the potential consequences of this dangerous bill, local leaders like former Mayor Steve Benjamin of Columbia, a member of Mayors Against Illegal Guns, had to step up to keep their constituents safe by prohibiting open carry at permitted events in their cities.

This year, lawmakers should protect South Carolinians by rejecting dangerous legislation that would weaken our gun laws and, instead, support gun safety bills that would reduce gun deaths and save lives, starting with opposing permitless carry legislation and funding violence intervention programs.

What to know about permitless carry in South Carolina:

  • Permitless carry legislation like HB 3096 — which has already passed the House and is currently sitting in the Senate Judiciary Committee — would allow people to carry loaded handguns in public, openly or concealed, without a permit, dismantling South Carolina’s culture of responsible gun ownership.
  • Permitless carry laws significantly hinder law enforcement’s ability to prevent people with dangerous histories — including extremists and white supremacists with criminal histories — to carry firearms. 
  • Permitless carry has been staunchly opposed by law enforcement across multiple states, including the executive director of the South Carolina Sheriff’s Association.
  • More information about permitless carry is available here.

What to know about Violence Intervention Programs in South Carolina:

  • Communities across South Carolina are suffering from the impacts of gun violence.
  • Local violence reduction, intervention, and prevention programs can help reduce gun violence in some of the communities most heavily impacted.
  • By using funds allocated to the state by the American Rescue Plan Act to support and expand violence intervention programs, the South Carolina legislature can help community-based partnerships and non-profit organizations conduct life-saving work throughout the state.
  • More information on violence intervention programs is available here.

What to know about gun violence in South Carolina

  • In South Carolina, on average, 908 people are shot and killed with a gun every year.
  • An average of 377 people in South Carolina die by gun homicide every year; South Carolina has the seventh highest rate of gun homicide in the United States. 
  • Black people in South Carolina are more than five times as likely to die by gun homicide as white people.
  • Firearms are the leading cause of death for children and teens in South Carolina. In an average year, 78 children and teens die by gun in South Carolina, and 58% of these deaths are homicides.
  • Gun violence costs South Carolina $6.1 billion each year, of which $297.5 million is paid by taxpayers.

Statistics about gun violence in South Carolina are available here, and Everytown’s Gun Law Navigator — which shows how South Carolina gun laws compare to those of other states — is available here. 

If you have questions, or to request an interview with a volunteer from South Carolina Moms Demand Action, please don’t hesitate to reach out.

Gun laws in South Carolina 2022

Location of South Carolina in the United States

Gun laws in South Carolina regulate the sale, possession, and use of firearms and ammunition in the state of South Carolina in the United States.[1][2]

Summary table[edit]

Subject/Law Long Guns Hand Guns Relevant Statutes Notes
State permit required to purchase? No No
Firearm registration? No No
Assault weapon law? No No
Magazine capacity restriction? No No
Owner license required? No No
Permit required for concealed carry? N/A Yes SC Code 23-31-210 South Carolina is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older.
Permit required for open carry? No Yes SC Code 16-23-20 Open carry of long guns is allowed without a permit. Open carry of a handgun is allowed by individuals with a concealed weapon permit.
Castle Doctrine/Stand Your Ground law? Yes Yes SC Code 16-11-440
State preemption of local restrictions? Yes Yes SC Code 23-31-510
SC Code 23-31-520
"No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate: (1) the transfer, ownership, possession, carrying, transportation, ammunition, components, or any combination of these things..."
NFA weapons restricted? No No
Peaceable Journey laws? No No
Background checks required for private sales? No No
Duty to inform? No Yes SC Code 23-31-215

South Carolina gun laws[edit]

South Carolina is a "shall issue" concealed carry permit state. No permit is required to purchase rifles, shotguns, or handguns. South Carolina also has "Castle Doctrine" legal protection of the use of deadly force against intruders into one's home, business, or car.[3] It is unlawful to carry a firearm onto private or public school property or into any publicly owned building except interstate rest areas without express permission. Open carry of a handgun will be allowed as of August 18 (open carry of long guns is still lawful), but no permit is required to carry a loaded handgun in the console or glove compartment of a car. As of 3 June 2016, states with which South Carolina has reciprocity are: Alaska, Arizona, Arkansas, Florida, Georgia, Idaho (enhanced permit only), Kansas, Kentucky, Louisiana, Michigan, Missouri, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, South Dakota (enhanced permit only), Texas, Tennessee, Virginia, West Virginia, and Wyoming.[4][5][6] South Carolina only recognizes resident permits from the states with which it has reciprocity; non-resident permits from those states will not be honored. South Carolina does issue a CCW permit to a non-resident from a non-reciprocal state only if the non-resident owns real property in South Carolina as per Title 23 Chapter 31 Article 4 Section 23-31-210[7]

South Carolina law also now supports a "stand your ground" philosophy under the "Protection of Persons and Property Act" SECTION 16-11-440(C) with the following language. The act was apparently ruled non-retroactive in State v. Dickey.[8]

A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16–1–60.

South Carolina also has the "alter-ego" clause with respect to the defense of others, under which a person who uses deadly force to defend a friend, relative or bystander will be allowed the benefit of the plea of self-defense if that plea would have been available to the person requiring assistance if they had been the one who used deadly force. In other words, the person intervening is deemed to "stand in the shoes" of the person on whose behalf he is intervening. If that individual "had the right to defend himself, then the intervening party is also protected by that right. To claim self-defense, a person has to be in a place they have a legal right to be, not be involved in any illegal activity, must not have started the confrontation, and must be in imminent danger of death or serious bodily harm.

Some counties have adopted Second Amendment sanctuary resolutions.[9] A statewide sanctuary law was also passed.[10]

References[edit]

  1. ^ "State Gun Laws: South Carolina", National Rifle Association – Institute for Legislative Action. Retrieved December 31, 2012.
  2. ^ "South Carolina State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012.
  3. ^ "Protection of Persons and Property Act", South Carolina Law Enforcement Division. Retrieved December 26, 2012.
  4. ^ http://www.handgunlaw.us/states/southcarolina.pdf[bare URL PDF]
  5. ^ South Carolina Concealed Carry CCW Laws and Information on carryconcealed.net Archived November 26, 2011, at the Wayback Machine
  6. ^ South Carolina Concealed Carry Permit Information on USACarry.com
  7. ^ "Code of Laws - Title 23 - Chapter 31 - Firearms".
  8. ^ State v. Dickey and S.C.'s "stand your ground" law dead link
  9. ^ "KCC unanimously passes Second Amendment resolution". www.chronicle-independent.com. Retrieved January 29, 2020.
  10. ^ "Governor's OK means S Carolina now allows open carry of guns". AP NEWS. May 17, 2021. Retrieved June 30, 2021.

Can I carry a gun without a permit in South Carolina?

The minimum age is 21 years old. Residents must have a South Carolina Concealed Weapons Permits (CWP) in order to carry in the state.

Is South Carolina an open carry state 2022?

Open Carry is legal but you must have a permit South Carolina Issues or Honors. 16-23-20. Unlawful Carrying of Handgun; Exceptions. 23-31-520.

Can I travel through South Carolina with a gun?

You may carry a handgun in a vehicle 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 luggage compartment of the vehicle. The exception is that you can't bring a gun to a school or college of any kind.