South Carolina Gun Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Both state and federal governments struggle to respond to crime, including gun violence. One of the most horrific mass shootings in the U.S. occurred in Charleston, South Carolina, at the Mother Emanuel AME Church in 2015. A 21-year-old, self-proclaimed white supremacist shot and killed nine church members at a Bible study meeting after going there with the intent to commit a hate crime.
After such tragedies, legislators in some states review their gun laws and try to reach a consensus on changes that could prevent gun crimes in the future. Striking a balance between public safety and the rights of gun owners can be a challenging task.
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Despite proposals for new legislation, changes to federal law have been few and far between. At the state level, it can depend on the politics of the state. Sometimes compromise may be found on gun safety initiatives but not on larger, more sweeping legislation.
Federal law regulates the ownership and use of certain dangerous weapons, such as machine guns and devices like bump stocks, which cause semi-automatic rifles to fire like fully automatic weapons.
The federal government licenses firearms dealers. It also prohibits certain categories of persons from possessing a gun, including felons and those using illegal drugs.
States can craft gun control laws that limit the purchase, possession, and use of firearms. In general, South Carolina lawmakers support gun rights over gun regulations. They point to the Second Amendment right to bear arms as a key limitation on firearm restrictions.
Recent decisions of the U.S. Supreme Court have interpreted the Second Amendment as providing an individual right to own guns for self-defense and other lawful purposes. As a result, gun rights advocates have brought more Second Amendment challenges to state and federal gun regulations.
South Carolina does not require a permit or license to purchase or own a firearm. The state has no waiting period for prospective gun buyers. Like other states, it does set forth certain prohibitions on gun possession.
For years, South Carolina has required those wanting to carry a concealed firearm to obtain a concealed weapons permit (CWP) in most circumstances. Exceptions included carrying a firearm on your property, at your place of business, or for hunting.
In 2024, the state legislature is considering bills to abandon this requirement. If South Carolina enacts a permitless carry law, individuals could carry a concealed handgun without first getting a permit and passing a criminal background check.
States with permitless carry laws, sometimes called constitutional carry laws, operate on the honor system. They presume that citizens know when the law prohibits them from having a gun and will only carry one legally. Once a state moves to permitless carry, it keeps its state permit process so that permit-holders can benefit from reciprocity in other states.
South Carolina residents or non-residents who own property in South Carolina can apply for a CWP. The South Carolina Law Enforcement Division (SLED) handles both first-time and renewal applications.
South Carolina is a “shall issue” state, which means that it must issue a CWP to anyone who meets the objective criteria in state law. At present, that includes being at least 21 years old, providing proof of firearms safety training, and not falling into a prohibited category. Even those with a CWP must comply with state law that prohibits firearms in certain locations.
In South Carolina, you cannot bring a gun into the following places:
- Law enforcement, correctional, or detention facility
- Courthouse or courtroom
- Polling place on election days
- Office of or the business meeting of the governing body of a county, public school district, municipality, or special purpose district
- School or college athletic events not related to firearms
- Daycare or preschool facility
- Places where carrying of firearms is prohibited under federal law
- Church or other established religious sanctuary unless given express permission from the appropriate official(s)
- Hospital, medical clinic, doctor’s office, or other facility where medical services or procedures occur unless authorized by employer
- Places marked with clear signage prohibiting the carrying of a concealable weapon on the premises, except when given express written consent by the property owner or their agent
South Carolina prohibits firearms in public or private schools, colleges, universities, and publicly-owned buildings unless you have the express permission of the authorized persons in charge.
South Carolina also regulates the carrying of guns in a motor vehicle. Passengers cannot carry a firearm onto a bus or other form of public transportation. You cannot carry a handgun in a motor vehicle unless you have a CWP or you meet one of several exceptions. Some of the exceptions include:
- Being a licensed hunter or fisherman
- Transporting an unloaded handgun in a secure wrapper after purchase
- Moving it to a new residence or place of business
You may also secure a handgun in a vehicle in a closed glove compartment, closed console, closed trunk, or closed container in the luggage compartment of the vehicle.
In South Carolina, unless you comply with federal law, you cannot possess the following firearms under state law:
- Machine guns
- Sawed-off shotguns
- Sawed-off rifles
- Military firearms
State law also prohibits possession of the following:
- Teflon-coated ammunition
- Handguns with the original serial number removed or obliterated
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There is no waiting period to purchase a gun in South Carolina.
The following persons may not own or possess a handgun in South Carolina:
- Those convicted of a crime of violence
- A fugitive from justice
- A habitually drunk person
- A drug addict
- A person adjudicated mentally incompetent
- A person who is a member of a subversive organization
- A person who is under 18 years of age
- A person a circuit court has adjudged unfit to carry or possess a firearm
State law also prohibits persons convicted of a violent felony offense from possessing any firearm or ammunition.
There are other categories of prohibited persons under federal law.
No. A license is not required to own a gun in South Carolina.
Yes. At present, South Carolina requires individuals to have a concealed weapon permit (CWP) to carry a concealed weapon. There are exceptions to the permit requirement, including licensed hunters while engaged in hunting and law enforcement officers.
Yes. At present, only those with a CWP can also open carry a handgun.
A person is eligible for a concealed carry permit in South Carolina if they:
- Are a state resident or a nonresident who owns real property in South Carolina
- Are 21 years of age or older
- Are not prohibited by state law from possessing the weapon
- Complete and sign the application
- Submit a photocopy of their driver’s license or another acceptable form of photo identification card
- Have proof of actual or corrected vision rated at 20/40 within six months of the date of application or a valid South Carolina driver’s license
- Have proof of firearm training
- Submit a complete set of fingerprints
- Pass a criminal background check
It is unlawful to transport or possess a machine gun in South Carolina unless authorized under federal law.
