Who Is Prohibited from Owning a Gun in SC?

Worried that your past prevents you from owning a gun in SC? South Carolina’s gun laws changed in 2024. If you have questions about South Carolina gun laws or are facing a gun-related charge, speaking with a Greenville gun charge lawyer is one option. A licensed South Carolina attorney at the firm must review the facts of your situation before anyone relies on the general information on this page, which is not advice about whether any particular person may own a gun.

With recent changes like the constitutional carry law, it is important to know what the statutes say. This page summarizes who is prohibited under state and federal law and points you to the statutes themselves.

General Overview of Gun Ownership in South Carolina

Gun ownership in South Carolina is protected by the Second Amendment of the United States Constitution, and state and federal laws regulate it. The United States Supreme Court has said that a firearm regulation must be consistent with the Nation’s historical tradition of firearm regulation (New York State Rifle & Pistol Assn., Inc. v. Bruen, 597 U.S. 1 (2022)).

The South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024 (H.3594, 2024 Act No. 111) was approved on March 7, 2024 (bill text). Under it, a person who is not otherwise prohibited by law may carry a handgun without a concealed weapon permit. The permit itself still exists and is optional for most people (S.C. Code Ann. § 23-31-215). The Act also rewrote the felon-in-possession statute, S.C. Code Ann. § 16-23-500, so older descriptions of that law may be out of date.

A background check is still required when buying a firearm from a licensed dealer under federal law (18 U.S.C. § 922(t)).

Who Is Prohibited from Owning a Gun?

South Carolina and federal laws restrict firearm possession for certain individuals. This list summarizes the statutes and is not complete:

• People convicted of a crime punishable by more than one year: State law makes it unlawful to possess a firearm or ammunition after a conviction for a crime punishable by a maximum term of imprisonment of more than one year, with listed exceptions (S.C. Code Ann. § 16-23-500). Federal law has a similar rule (18 U.S.C. § 922(g)(1)).
• People convicted of a crime of violence (handguns): State law bars handgun possession by a person convicted of a crime of violence, as defined in the statute, and by a fugitive from justice, a habitual drunkard, a drug addict or a person adjudicated mentally incompetent (S.C. Code Ann. §§ 16-23-10 and 16-23-30).
• Domestic violence offenders: State law prohibits firearm possession after certain domestic violence convictions for periods set out in the statute (S.C. Code Ann. § 16-25-30). Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing a firearm (18 U.S.C. § 922(g)(9)).
• Protection orders: State law prohibits possession by a person subject to a family court order of protection when the judge made specific findings and ordered the prohibition (S.C. Code Ann. § 16-25-30(A)(4)). Federal law has a separate rule for certain restraining orders, which the Supreme Court upheld against a facial challenge in United States v. Rahimi, 602 U.S. 680 (2024).
• Mental health adjudications: Federal law prohibits possession by a person who has been adjudicated a mental defective or committed to a mental institution (18 U.S.C. § 922(g)(4)).
• Drug users and people addicted to controlled substances: Federal law prohibits possession by an unlawful user of or person addicted to a controlled substance (18 U.S.C. § 922(g)(3)).
• Fugitives from justice: State and federal law both address fugitives (S.C. Code Ann. § 16-23-10(4); 18 U.S.C. § 922(g)(2)).
• Certain non-U.S. citizens: State law bars an alien unlawfully present from possessing a firearm (S.C. Code Ann. § 16-23-530). Federal law also restricts certain noncitizens (18 U.S.C. § 922(g)(5)).
• Subversive organizations: State law bars handgun possession by a member of a subversive organization as defined in the statute (S.C. Code Ann. §§ 16-23-10 and 16-23-30).
• Minors: State law bars handgun possession by a person under 18, with limited exceptions listed in the statute (S.C. Code Ann. § 16-23-30(A)(3)).
• Other categories: Federal law also covers a person discharged from the Armed Forces under dishonorable conditions and a person who has renounced citizenship (18 U.S.C. § 922(g)). A state judge may also adjudge a person unfit to carry or possess a firearm after notice and a hearing (S.C. Code Ann. § 16-23-30(A)(4)).

Some weapons are unlawful to possess for everyone, with exceptions. These include machine guns and sawed-off shotguns and rifles (S.C. Code Ann. §§ 16-23-210 through 16-23-260) and teflon-coated ammunition (S.C. Code Ann. § 16-23-520).

Federal Laws and Background Checks

Federal gun law overlaps with South Carolina law. The federal statute lists the categories of people who may not ship, transport, possess or receive firearms or ammunition (18 U.S.C. § 922(g)).

Licensed importers, manufacturers and dealers must contact the National Instant Criminal Background Check System (NICS) before transferring a firearm to a person who is not licensed (18 U.S.C. § 922(t)). Permitless carry in South Carolina does not change the federal rules for purchases from dealers.

Penalties for Prohibited Possession

Owning a firearm when prohibited is a felony in South Carolina and can also violate federal law.

• Charges: S.C. Code Ann. § 16-23-500 makes unlawful possession by a person with a covered prior conviction a felony.
• Penalties: A first offense carries up to five years in prison. A second offense carries a mandatory minimum of five years and up to twenty years. A third or later offense carries a mandatory minimum of ten years and up to thirty years. The firearm or ammunition must be confiscated.
• Federal penalty: Knowingly violating the federal prohibited-person statute carries up to 15 years in federal prison (18 U.S.C. § 924(a)(8)).
• Specific Violations: Handgun possession by a person in the categories under Section 16-23-30 is a felony carrying up to $2,000 or five years (S.C. Code Ann. §§ 16-23-30 and 16-23-50). Possessing a firearm on school or college property without permission is a felony carrying up to $5,000 or five years (S.C. Code Ann. § 16-23-420). Knowingly possessing a handgun from which the serial number was removed or obliterated is also prohibited by Section 16-23-30(C).

How a Defense Lawyer Can Help

If you are charged with unlawful possession, a defense lawyer can review the case with you, including:

• Evaluate Evidence: Review the arrest, any searches and possible constitutional issues.
• Review Prohibited Status: Look at whether a prior conviction actually falls within the statute, including its exceptions for expunged, set aside or pardoned convictions and restored civil rights.
• Discuss Options With the Prosecution: An attorney can talk with the solicitor about the case, which may include plea bargains or changes to the charges, though no result can be promised.

Regaining Gun Rights After a Felony

Under the state statute, a conviction that has been expunged or set aside, or for which the person has been pardoned or has had civil rights restored, does not trigger the prohibition unless that pardon, expungement or restoration expressly provides that the person may not possess firearms (S.C. Code Ann. § 16-23-500(F)(3)). Federal law has a similar rule for its own purposes (18 U.S.C. § 921(a)(20)).

A pardon in South Carolina is a decision of the Probation, Parole and Pardon Services Board. It requires an application with a $100 fee, and a person whose application is denied must wait one year before applying again (S.C. Code Ann. §§ 24-21-920 through 24-21-960). Whether any of these routes applies to a specific person depends on the conviction and the wording of any order, and a criminal defense attorney can review those facts with you.

Other Key Aspects of South Carolina Gun Law

• Open Carry & Concealed Carry: Legal for a person who is not prohibited, but still restricted in the places listed in S.C. Code Ann. § 16-23-20, on school and college property without permission (§ 16-23-420), and on private property where the owner has posted a sign or asked you to leave (§ 23-31-220).
• Castle Doctrine & Stand Your Ground: South Carolina’s Protection of Persons and Property Act codifies the Castle Doctrine for a home, an occupied vehicle and a place of business, and a person who is not engaged in unlawful activity and who is attacked in another place where he has a right to be has no duty to retreat (S.C. Code Ann. §§ 16-11-410 through 16-11-450).
• Private Sellers: The federal background check requirement applies to licensed dealers (18 U.S.C. § 922(t)). Other rules may apply to other kinds of transfers, so ask an attorney before selling or giving a firearm to anyone.
• Other Self-Defense Devices: A concealed weapon permit is not required to carry a self-defense device generally considered nonlethal, such as pepper gas (S.C. Code Ann. § 23-31-215(O)).

Conclusion

South Carolina’s gun laws operate alongside the Second Amendment and a set of federal statutes. The constitutional carry law lets many people carry without a permit, but state and federal law still prohibit certain people from possessing firearms, including many people with qualifying convictions and certain domestic violence offenders. The penalties for unlawful possession are serious.

If you are unsure about your eligibility to own a firearm or you are already facing a charge for unlawful possession, a licensed South Carolina attorney must review the facts before anyone relies on general information. Understanding the statutes, including S.C. Code Ann. § 16-23-30 and § 16-23-500, can help you ask the right questions.

Call Touma Law Group today to schedule a free consultation about your case.