Worried if your past prevents you from owning a gun in SC? The laws have changed. If you have questions about South Carolina gun laws or are facing a gun-related charge, speaking with a lawyer is a smart move. An attorney can help you understand your rights under both South Carolina law and federal laws.
With recent updates like the constitutional carry law, it’s more important than ever to stay informed about what you can and cannot legally do. The right guidance can protect you from costly mistakes and ensure you’re fully aware of your legal options.
General Overview of Gun Ownership in South Carolina
Gun ownership in South Carolina is a long-standing right under the Second Amendment of the United States Constitution. Still, this right is regulated by state and federal laws.
In 2024, House Bill H. 3594, known as the constitutional carry law, went into effect. It allows anyone 18 or older who is not prohibited to openly or concealed carry without a concealed carry permit (CWP). While the CWP program still exists, it is optional for most.
Despite this change, a criminal background check remains required when purchasing from a licensed dealer, with the South Carolina Law Enforcement Division (SLED) handling enforcement. Lawmakers continue to pass new legislation, like the Hunting Heritage Protection Act, addressing firearm restrictions and gun violence.
Who Is Prohibited from Owning a Gun?
South Carolina and federal laws restrict firearm possession for certain individuals:
- Felons: Convictions for crimes punishable by more than one year, including violent crime or drug addiction offenses.
- Domestic Violence Offenders: Under SC Code § 16-23-460, those convicted of domestic violence are prohibited. SB 180 may expand this to include dating partners under protection orders.
- Restraining Orders: Court orders related to domestic violence may bar firearm possession.
- Mental Health: The Department of Mental Health reports relevant records to the National Instant Criminal Background Check System (NICS).
- Drug Offenses: Convictions for unlawful possession or drug-related crimes tied to firearm possession.
- Fugitives from Justice: Warrants must be resolved before firearm ownership is permitted.
- Non-U.S. Citizens: Only certain residents may legally own firearms.
- Subversive Organizations: Membership can bar ownership.
- Minors: Those under 18 generally cannot purchase handguns, though long gun exceptions exist.
- Prior Firearm Offenses: Repeat unlawful possession cases face harsher penalties.
Prohibited firearms include machine guns, sawed-off shotguns, and Teflon-coated ammunition. South Carolina has no large capacity magazine ban.
Federal Laws and Background Checks
Federal Gun Laws overlap with South Carolina gun laws. The Gun Control Act of 1968 prohibits certain categories of individuals nationwide.
All purchases from a licensed dealer require a background check through the National Instant Criminal Background Check System (NICS). This criminal background check system reviews felony convictions, domestic violence offenses, and mental health histories. Even with permitless carry, these federal background check laws still apply.
Recent proposals, such as the Second Amendment Financial Privacy Bill, aim to limit the tracking of firearm-related purchases by licensed dealers and gun shops.
Penalties for Prohibited Possession
Owning a firearm when prohibited is a felony in South Carolina and can also violate federal law.
- Charges: SC Code Section 16-23-500 makes unlawful possession a felony.
- Penalties: First offenses carry up to five years in prison; second offenses carry a minimum of five years, and third offenses up to 30 years.
- Specific Violations: Possessing a firearm with an obliterated serial number (SC Code § 16-23-260) or carrying on school property (SC Code § 16-23-420) has additional penalties.
How a Defense Lawyer Can Help
If you’re charged with unlawful possession, a defense lawyer can help:
- Evaluate Evidence: Review arrests, searches, and constitutional violations.
- Challenge Prohibited Status: Errors in the background check process or misclassified convictions can sometimes be overturned.
- Negotiate Penalties: Attorneys may pursue plea bargains or reduced charges.
Regaining Gun Rights After a Felony
A convicted felon in South Carolina may only regain firearm rights through a pardon. This process is discretionary, requires a strong application, and may involve hearings before a pardons board. A criminal defense attorney can assist with this process.
Other Key Aspects of South Carolina Gun Law
- Open Carry & Concealed Carry: Legal under the constitutional carry law, though still restricted on school property, government buildings, and some private property. A concealed weapons permit is still useful for reciprocity in other states.
- Castle Doctrine & Stand Your Ground: South Carolina’s Castle Doctrine (S.C. Code § 16-11-620) protects individuals using deadly force at home, while stand your ground extends the right to other lawful locations.
- Private Sellers & Antique Firearms: Some transactions avoid background checks, fueling debate over universal background checks.
- Child Access Prevention: South Carolina lacks a specific child access prevention law, though related legislation is under discussion.
- Mental Health & Reporting: The Department of Mental Health and Division of Alcohol and Drug Addiction Services provide inpatient services records to NICS.
- Other Weapons: Stun guns and pepper spray are permitted; bump stocks and assault weapons remain controversial.
Conclusion
South Carolina’s gun laws balance the Second Amendment with the need for public safety. The new constitutional carry law has made it easier for many people to carry, but restrictions still apply to felons, domestic violence offenders, and those with disqualifying mental health or drug addiction histories. Both South Carolina law and federal laws continue to shape who can legally own or carry firearms, and the penalties for unlawful possession are severe.
If you’re unsure about your eligibility to own a firearm or if you’re already facing charges for unlawful possession, having the right legal team on your side is critical. Understanding South Carolina gun laws, including SC Code § 16-23-30 and HB 3094, can make all the difference in protecting your rights and your future.
Don’t leave your freedom to chance. Call Touma Law Group today to schedule a free consultation and get the guidance you need.
