South Carolina takes firearm offenses seriously, and even a first-time charge can carry real penalties, a criminal record and long-term limits on your gun rights. Whether you are dealing with a first gun charge in SC, a weapons possession allegation or a felony-level offense, understanding the types of SC firearm charges is a first step toward knowing when to seek guidance from a gun charge lawyer.
South Carolina’s firearm laws combine state statutes, mainly in Chapter 23 of Title 16 of the S.C. Code, with federal law. Charges depend on the weapon type, where the incident happened, a person’s criminal history and any link to other crimes.
The sections below break down common firearm charges in South Carolina, the penalties in the statutes and the steps to take if law enforcement accuses you of a gun-related offense. A licensed South Carolina attorney at Touma Law Group must review the facts of a case before anyone relies on this general information.
What Are the Types of SC Firearm Charges?
South Carolina has several groups of firearm offenses. Some involve unlawful possession, while others relate to violent crimes, stolen weapons or federal violations. Even with constitutional carry in South Carolina, a person can still face criminal charges for possessing, carrying or using a firearm in ways the law prohibits.
The most common categories include:
- Unlawful carry in prohibited places
- Felon in possession of a firearm
- Possession of a firearm during a violent crime
- Pointing or presenting a firearm
- Possession of a stolen handgun
- Possession of prohibited weapons
- Federal weapons charges
Each charge carries different penalties, and some have mandatory minimum sentences depending on the circumstances.
Unlawful Carry and Possession of a Firearm in South Carolina
Since March 7, 2024, South Carolina has allowed a person who is not otherwise prohibited to carry a handgun without a concealed weapons permit (2024 Act No. 111). The law still limits where a handgun may be carried, and many unlawful possession or carry charges come from carrying in a restricted location.
Unlawful Carry of a Handgun (Section 16-23-20)
S.C. Code Ann. § 16-23-20 makes it unlawful, whether or not the person has a concealed weapon permit, to carry a handgun into listed places, including:
- A law enforcement, correctional or detention facility
- A courthouse or other publicly owned building where court is held, while court is in session
- A polling place on election days
- The office of, or a business meeting of, the governing body of a county, public school district, municipality or special purpose district
- A school or college athletic event not related to firearms
- A daycare or preschool facility
- A place where federal law prohibits firearms
- A church or other religious sanctuary, unless express permission is given
- A hospital, medical clinic or doctor’s office, unless expressly authorized
- The residence of another person without the owner’s express permission
A person who is not otherwise prohibited by law may store a firearm anywhere in a vehicle, whether occupied or unoccupied (S.C. Code Ann. § 16-23-20(D)).
A violation of Section 16-23-20 is a misdemeanor carrying up to $1,000 or one year for a first offense, a misdemeanor carrying up to three years for a second offense, and a felony carrying up to five years for a third or later offense (S.C. Code Ann. § 16-23-50(A)(2)). Other statutes cover carrying onto school property (§ 16-23-420 and § 16-23-430) and into a business that sells alcohol for on-premises consumption (§ 16-23-465).
Felon in Possession of a Firearm (Section 16-23-500)
S.C. Code Ann. § 16-23-500 makes it a felony for a person convicted of a crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition, with listed exceptions. A first offense carries up to five years, a second carries 5 to 20 years with a mandatory minimum of five, and a third or later offense carries 10 to 30 years with a mandatory minimum of ten.
Other state and federal laws prohibit possession by other groups of people. These include:
- A person subject to certain domestic violence orders or convicted of certain domestic violence offenses (S.C. Code Ann. § 16-25-30)
- A person convicted of a crime of violence, for handguns (S.C. Code Ann. § 16-23-30)
- A fugitive from justice
- A person in other categories listed in the federal statute (18 U.S.C. § 922(g))
A conviction for possession can bring multi-year prison sentences and a lasting prohibition on firearm ownership under South Carolina law and federal law, unless an exception in the statute applies.
Learn More: Who is Prohibited from Owning a Gun in SC?
Firearm Charges Involving Criminal Conduct
When a firearm is connected to another criminal offense, South Carolina law can add penalties. These charges can apply even if the weapon was never fired, so how the law treats firearm involvement matters.
Possession of a Weapon During a Violent Crime (Section 16-23-490)
Under S.C. Code Ann. § 16-23-490, a person who possesses a firearm, or visibly displays what appears to be a firearm or a knife, during a violent crime and is convicted of that violent crime or an attempt must be imprisoned for five years in addition to the sentence for the violent crime. The violent crimes are those listed in S.C. Code Ann. § 16-1-60, which include murder, armed robbery, kidnapping and first degree burglary. For related reading, see our page on assault with a deadly weapon.
The five-year term is mandatory unless a longer mandatory minimum applies, and it cannot be suspended. It can be imposed only if the indictment alleged the firearm or knife as a separate count and the person was convicted on that count along with the violent crime.
Pointing or Presenting a Firearm (Section 16-23-410)
It is unlawful to present or point at another person a loaded or unloaded firearm, and it is a felony carrying up to five years in prison and a fine in the court’s discretion (S.C. Code Ann. § 16-23-410). The statute states that it does not abridge the right of self-defense. How self-defense rules apply in a given case is covered by the Protection of Persons and Property Act (S.C. Code Ann. §§ 16-11-410 through 16-11-450), and a licensed attorney must review the facts.
Discharging a Firearm at an Occupied Dwelling or Vehicle (Section 16-23-440)
It is a felony to knowingly, unlawfully and deliberately, or with reckless disregard for life, discharge a firearm at or into an occupied dwelling or building, or into an occupied vehicle, aircraft or watercraft. The penalty is up to $20,000 and ten years, or up to $50,000 and fifteen years if an occupant is struck or injured. Specific intent to hit the building or vehicle is not required (S.C. Code Ann. § 16-23-440). The General Assembly rewrote this section and added the offense to the list of violent crimes in Section 16-1-60 in 2026 (2026 Act No. 138, H.3650), effective May 15, 2026. Being on that list can matter, for example, for the additional sentence in Section 16-23-490 described above and for pretrial intervention eligibility, so a lawyer must review how it applies to a given charge.
Firearm Offenses Involving Stolen or Prohibited Weapons
South Carolina and federal law treat stolen and prohibited weapons seriously, and penalties can increase when a weapon is linked to another offense.
Possession of a Stolen Handgun
State law says a person shall not knowingly buy, sell, transport, pawn, receive or possess a stolen handgun, or a handgun from which the original serial number has been removed or obliterated (S.C. Code Ann. § 16-23-30(C)). A violation is a felony carrying up to $2,000 or five years (S.C. Code Ann. § 16-23-50(A)(1)). Because the statute uses the word “knowingly,” what the person knew can be an issue in the case. Federal law also makes it a crime to possess a stolen firearm that has moved in interstate commerce, knowing or having reasonable cause to believe it was stolen (18 U.S.C. § 922(j)).
Possession of a Prohibited Weapon
Some weapons are unlawful to possess under state law, with exceptions, including:
- Machine guns
- Sawed-off shotguns
- Sawed-off rifles
- Teflon-coated ammunition
State law makes it a felony carrying up to $10,000 or ten years to store, keep, possess or transport a machine gun or a sawed-off shotgun or rifle (S.C. Code Ann. §§ 16-23-210 through 16-23-260). State law also separately covers explosive and destructive devices (S.C. Code Ann. §§ 16-23-710 through 16-23-780). Federal law generally makes it unlawful to transfer or possess a machine gun (18 U.S.C. § 922(o)).
Firearms Trafficking & Straw Purchases
Federal law makes it a crime to knowingly buy a firearm for someone else who the buyer knows or has reasonable cause to believe is prohibited, or who intends to use it in a felony (18 U.S.C. § 932). It is also a federal crime to ship, transport or transfer a firearm to a person when the sender knows or has reasonable cause to believe the person’s possession would be a felony (18 U.S.C. § 933). Each of these carries up to 15 years in federal prison.
Penalties for Different Types of SC Firearm Charges
Penalties depend on the specific statute. They can include:
- Jail or prison time, as set by the statute for the charge
- Mandatory minimum sentences for some offenses, such as possession during a violent crime or repeat felon in possession convictions
- A felony conviction and a prohibition on possessing firearms
- Fines set by the statute
- A permanent criminal record in many cases
- Confiscation of the firearm
- Revocation of a concealed weapon permit in some cases (for example, a five-year revocation under S.C. Code Ann. § 16-23-465)
Factors that can influence a case include:
- Prior criminal record
- Whether the firearm was stolen
- Whether someone was injured
- Whether the charge is tied to another offense, such as a violent crime or domestic violence
- Whether the person has a prior conviction covered by the felon in possession statute
- Whether the firearm was involved in a drug offense or a violent crime
People often ask how long a person can be in jail for a gun charge. The answer depends on the specific statute and the facts of the case, which is why a licensed attorney must review the charge.
What To Do If You’re Charged With a Firearm Offense in South Carolina
Being arrested for a firearm-related offense can be overwhelming, including for a first-time charge. What you do in the hours after an arrest can affect the whole case.
1. Remain Silent
You have a right to remain silent under the Fifth Amendment. Do not explain, argue or try to justify why you had the weapon, because your statements can be used against you.
2. Know Your Rights Regarding Searches
The Fourth Amendment protects against unreasonable searches and seizures. You can decline to consent to a search. Officers may still search in situations the law allows, so do not physically resist, and tell your attorney exactly what happened.
3. Contact a Criminal Defense Attorney Immediately
An attorney can review the evidence, look at whether any search or stop was lawful, and talk with you about defense options that may apply in your case.
4. Avoid Discussing Your Case With Anyone
Even messages to friends or family can be used against you.
5. Ask Your Attorney What Steps Make Sense
In some situations, a lawyer can advise on steps that may affect the case, such as filing motions to suppress evidence.
People often ask about getting a gun charge dismissed. Whether any defense applies depends on the specific facts, and no result can be promised. Defenses an attorney may look at include:
- Illegal search and seizure
- Lack of probable cause
- An unlawful traffic stop
- Mistaken identification of the weapon
- Violations of constitutional rights
- Lack of intent or knowledge
An attorney can examine the details of your case to see which of these, if any, apply.
Contact Touma Law Group Today
If you are facing a gun-related criminal charge, you need to understand both South Carolina law and federal law. Touma Law Group represents clients across South Carolina in felony weapons charges, unlawful possession charges, firearms violations and related matters. A licensed South Carolina attorney at the firm must review the facts of your case before anyone relies on the general information on this page.
Call (864) 618-2323 to schedule a free consultation.
Frequently Asked Questions
What are the three categories of firearms?
Firearms are commonly grouped into handguns, rifles and shotguns. South Carolina law defines some of these terms for specific statutes. For example, the handgun statutes in Article 1 of Chapter 23 define a “handgun” (S.C. Code Ann. § 16-23-10), and Article 3 defines sawed-off shotguns and rifles (S.C. Code Ann. § 16-23-210).
What are the penalties for illegal gun possession in SC?
Penalties depend on the specific statute, the person’s criminal history and whether the firearm was linked to another offense. Examples from the statutes include:
- Felon in possession: up to 5 years for a first offense, with mandatory minimums for second and third offenses (§ 16-23-500)
- Possession of a handgun by a person convicted of a crime of violence, and possession of a stolen handgun: a felony carrying up to $2,000 or 5 years (§§ 16-23-30 and 16-23-50)
- Unlawful carry in a listed place: a misdemeanor for a first offense, up to $1,000 or one year (§§ 16-23-20 and 16-23-50)
- Possession of a firearm during a violent crime: an additional mandatory 5 years (§ 16-23-490)
- A firearm involved in a violation of Article 1 or of Section 16-23-500 must also be confiscated
A conviction also creates a criminal record, which can affect employment, licensing and future firearm ownership.
What is a class C felony in SC?
South Carolina classifies felonies into Class A through Class F, and a Class C felony carries a maximum of twenty years (S.C. Code Ann. § 16-1-20). Many firearm offenses set their own penalties in their own statutes rather than using a class. Felon in possession under Section 16-23-500, possession during a violent crime under Section 16-23-490 and pointing or presenting a firearm under Section 16-23-410 each have their own penalty provisions, which are described above.
