South Carolina’s firearm laws have changed significantly since 2024. Constitutional carry ended the need for a concealed weapons permit to carry a handgun, and a law that took effect in January 2026 now requires the dismissal of certain old, pending handgun possession charges from the years before that change.
If you own a firearm, carry one, or are already facing a weapons charge in Columbia, these changes can matter to you. A Columbia Gun Charge Lawyer at Touma Law Group can review how the current laws apply to your situation. A licensed South Carolina attorney at the firm must review the facts of a case before anyone relies on the general information on this page. Call Touma Law Group today to schedule a free consultation and talk about where your case or your rights stand under the current law.
Where South Carolina’s Gun Laws Stand Right Now
South Carolina is a constitutional carry state. The South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024 was approved on March 7, 2024 (2024 Act No. 111, H.3594). Under it, a person who is not otherwise prohibited by law can carry a handgun, openly or concealed, without a concealed weapons permit. State law still limits where a handgun may be carried (S.C. Code Ann. § 16-23-20).
That part of the law has not changed since 2024. What changed in 2026 is how the State must treat people who were charged with unlawful possession of a handgun before that law existed. A law effective January 14, 2026 requires the State to dismiss many of those pending charges.
Here is the short version of where things stand:
- Carrying a handgun: No permit is required for a person who is not otherwise prohibited, but state law still bars carrying in the places listed in the statute.
- Old pending charges: The State must dismiss pending unlawful handgun possession charges under Section 16-23-20 that arose before March 7, 2024, with a delay when the charge was filed together with another offense from the same facts.
- Restricted locations: Still in place. Certain places are off limits whether or not a person has a permit.
- Proposed changes: A bill is not law until it is enacted. Check the South Carolina General Assembly’s website for the current status of any bill.
What Constitutional Carry Actually Lets You Do
Constitutional carry did not just legalize concealed carry. It changed several parts of how South Carolina’s firearm law treats carrying.
- No permit required. The permit remains available, but the law no longer requires one to carry a handgun in a manner the law does not prohibit (S.C. Code Ann. § 23-31-215(O)).
- Vehicle carry. A person who is not otherwise prohibited may lawfully store a firearm anywhere in a vehicle, whether occupied or unoccupied (S.C. Code Ann. § 16-23-20(D)). The permit statute also says that permitless transport or carrying of a firearm in a vehicle, loaded or unloaded, in a manner not prohibited by law is not prohibited (S.C. Code Ann. § 23-31-215(O)(2)).
- Open carry and police stops. A person openly carrying a weapon as the law allows does not, by that fact alone, give an officer reasonable suspicion or probable cause to search, detain or arrest the person (S.C. Code Ann. § 23-31-245). An officer may still act on a particularized and objective basis for suspecting the person of criminal activity.
- Training is not required to carry. The state law encourages gun safety training. A concealed weapons permit still requires proof of training, and SLED must offer a free permit training course (S.C. Code Ann. § 23-31-215(V)).
- Out-of-state permits. South Carolina honors valid permits from reciprocal states that meet the statute’s conditions, and automatically honors permits from Georgia and North Carolina (S.C. Code Ann. § 23-31-215(N)).
- Age. The act lowered the minimum age for a concealed weapons permit from 21 to 18. State law bars handgun possession by a person under 18, with limited exceptions (S.C. Code Ann. § 16-23-30). The act does not set a separate, higher minimum age for carrying without a permit, and the State Law Enforcement Division’s guidance on the act states that it allows individuals 18 years old and older to carry firearms openly or concealed without a permit (SLED constitutional carry guidance). Separate federal rules limit sales by licensed dealers, including handgun sales to a person under 21 (18 U.S.C. § 922(b)(1)).
Here is how that compares to the law before the 2024 act:
| Before Constitutional Carry (pre-March 2024) | Now | |
|---|---|---|
| Concealed carry | Required a concealed weapons permit | No permit required for a person who is not otherwise prohibited |
| Open carry | Allowed with a permit after the 2021 Open Carry With Training Act | No permit required for a person who is not otherwise prohibited |
| Permit age | 21 | 18 |
| Training | Proof of training required for a permit | Not required to carry. Proof of training is still required for a permit |
| Vehicle carry | A handgun in a vehicle had to be secured in a closed glove compartment, console, trunk or closed container, unless the person had a permit (2021 text of Section 16-23-20) | A person who is not otherwise prohibited may store a firearm anywhere in a vehicle |
Please confirm any specific question about a past or present situation with an attorney. This table is a general summary of the statutes.
Where You Still Cannot Carry a Firearm in South Carolina
Constitutional carry did not open every door. Several locations remain restricted, and carrying in one of them can lead to a charge even if a person is otherwise allowed to carry.
| Location | What the statute says |
|---|---|
| Law enforcement, correctional or detention facilities | Unlawful to carry a handgun there, with or without a permit (§ 16-23-20(A)) |
| Courthouses and other publicly owned buildings where court is held | Unlawful while court is in session (§ 16-23-20(A)) |
| Polling places on election days; offices and business meetings of county, school district and municipal bodies | Unlawful to carry a handgun there (§ 16-23-20(A)) |
| Places where federal law prohibits carrying firearms | Unlawful to carry a handgun there (§ 16-23-20(A)(7)) |
| Daycare and preschool facilities; school or college athletic events not related to firearms | Unlawful to carry a handgun there (§ 16-23-20(A)) |
| Churches or other established religious sanctuaries | Unlawful unless express permission is given by the appropriate church official or governing body |
| Hospitals, medical clinics and doctors’ offices | Unlawful unless expressly authorized |
| The residence of another person | Unlawful without the express permission of the owner or person in control |
| Schools, colleges, universities and publicly owned buildings | A firearm of any kind is unlawful without the express permission of the authorities in charge, with an exception for a firearm secured in a locked or attended vehicle in the way the statute describes (§ 16-23-420). Elementary and secondary school property has a separate rule (§ 16-23-430) |
| Private property posted with a sign that meets the statute | A violation may be charged as trespass under Section 16-11-620, not under Section 16-23-20 (§ 16-23-20(A)(11)) |
| Businesses that sell alcohol for on-premises consumption | A misdemeanor to knowingly carry a firearm in if the person consumes alcohol, or if the business has posted a sign or asked the person to leave (§ 16-23-465) |
The exact wording and exceptions are in the statutes, and some of these rules have exceptions for law enforcement and others. Section 16-23-20(A) applies whether or not a person has a concealed weapon permit.
Concealed Carry Permits Are Optional Now, But Still Useful
A concealed weapons permit is no longer required in South Carolina, but some people still complete the training and permit process. SLED issues the permits. A permit may matter in other states, which set their own rules about whether they honor South Carolina permits. A permit can also affect how a charge is handled. For example, the additional sentence for committing a crime involving a concealable weapon under Section 16-23-495 does not apply to a person who had a valid permit when the crime was committed.
Self-Defense, Stand Your Ground and the Use of Lethal Force
South Carolina’s self-defense laws are in the Protection of Persons and Property Act. The act says its intent is to codify the Castle Doctrine, which recognizes a person’s home, and extends it to an occupied vehicle and the person’s place of business (S.C. Code Ann. §§ 16-11-410 through 16-11-450).
Under the stand your ground provision, 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. The person may 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 a violent crime as defined in Section 16-1-60 (S.C. Code Ann. § 16-11-440(C)).
A few things are worth understanding before assuming the law protects you automatically:
- The presumption of reasonable fear applies when the person against whom deadly force is used is unlawfully and forcibly entering, or has unlawfully and forcibly entered, a dwelling, residence or occupied vehicle, and the person using force knows or has reason to believe that is happening (S.C. Code Ann. § 16-11-440(A)). Outside those settings, the statute asks whether the person reasonably believed force was necessary.
- The presumption has exceptions. It does not apply if the person against whom force is used has a right to be in the dwelling, residence or vehicle, if the person using force is engaged in unlawful activity, or if the person entering is a law enforcement officer performing official duties who identifies himself or whom the person knows or should know is an officer (S.C. Code Ann. § 16-11-440(B)).
- Immunity depends on the statute’s conditions. A person who uses deadly force as the act permits is justified and immune from criminal prosecution and civil action, unless the person against whom force was used was an officer acting in the line of duty as described in the statute. Officers may investigate, but may not arrest unless probable cause exists that the deadly force used was unlawful (S.C. Code Ann. § 16-11-450(A) and (B)). In a civil action brought against a defendant the court finds is immune, the court must award reasonable attorneys’ fees, court costs, compensation for loss of income and other expenses of the defense (S.C. Code Ann. § 16-11-450(C)).
At the pretrial immunity hearing the judge decides the question, and the defendant has the burden of establishing entitlement by a preponderance of the evidence. At trial, the burden shifts to the State to disprove the elements of self-defense beyond a reasonable doubt. The South Carolina Supreme Court restated both rules in State v. Dennis, Opinion No. 28314 (S.C. Jan. 28, 2026), where it also held that a mistrial does not entitle a defendant to a second immunity hearing.
Whether a particular use of force meets the statute is a question that needs a legal review of the facts. This page is a general description, not advice about any specific event.
A Felony Conviction Can Take Your Gun Rights Away
Constitutional carry did not change the rule for people with certain prior convictions. State law 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, subject to the exceptions listed in the statute (S.C. Code Ann. § 16-23-500).
The penalties get steeper with each offense:
| Offense | Prison Exposure |
|---|---|
| First offense | Up to 5 years |
| Second offense | 5 to 20 years, with a mandatory minimum |
| Third or later offense | 10 to 30 years, with a mandatory minimum |
A firearm or ammunition involved in this kind of charge must also be confiscated. A conviction that has been expunged or set aside, or for which the person has been pardoned or has had civil rights restored, is not covered unless the pardon, expungement or restoration expressly provides that the person may not possess firearms (S.C. Code Ann. § 16-23-500(F)(3)).
Federal law adds another layer on top of South Carolina’s rules. It prohibits possession by a person convicted of a crime punishable by more than one year and by other listed categories (18 U.S.C. § 922(g)), with a maximum of 15 years for a violation (18 U.S.C. § 924(a)(8)). If a weapons charge is tied to a case that could go federal, the exposure can change significantly. Our guide to federal versus state drug trafficking charges explains how that line is drawn in drug cases.
The Newest Change: Old Pending Charges Must Be Dismissed
This is the part of South Carolina’s gun laws that is new in 2026, rather than a holdover from constitutional carry.
Effective January 14, 2026, Section 17-1-65(B) of the S.C. Code requires the State to dismiss all pending charges against a person for unlawful possession of a handgun under Section 16-23-20, if the charges arose before the 2024 act. The bill passed after a veto and a veto override (S.136, 2026 Act No. 260). The statute does not require an immediate dismissal when the unlawful possession charge was filed together with another criminal offense from the same facts. In that case, the unlawful possession charge must be dismissed and expunged after the other offenses are resolved, as long as the person has not previously had an expungement under subsection (A).
Subsection (A) of the same section allows a person to apply to expunge one conviction for unlawful possession of a handgun under Section 16-23-20 if the conviction occurred before the 2024 act. See our page on expungements for unlawful carrying charges for how these provisions work.
If you have an old possession charge from before 2024 still pending, or you are unsure whether an old case was ever resolved, a licensed attorney at our firm must review your records. Some first-time and lower-level cases may be considered for Pre-Trial Intervention (PTI), which is administered by the solicitor. A person charged with a crime of violence as defined in Section 16-1-60 generally cannot be considered, and a successful completion can lead to a noncriminal disposition and an application to destroy records (S.C. Code Ann. §§ 17-22-50 and 17-22-150).
Proposals Still Moving Through the Statehouse
Bills on firearms, including proposals about certain semi-automatic firearms, magazines, campus carry and statements of support for gun rights, are introduced in the South Carolina General Assembly in many sessions. A proposal is not law until it passes both chambers and is signed by the Governor, or a veto is overridden. We do not describe specific pending bills on this page because their status changes. You can search for a bill by number or subject on the South Carolina Legislature’s website. We will update this page when a change becomes law.
What To Do If You’re Facing a Weapons Charge in Columbia
A gun charge in South Carolina can move quickly, and early decisions, such as what you say to an officer during a stop or whether you consent to a search, can affect the case. A charge is not a conviction, and what applies to a case depends on the facts, the charge and the court handling it.
Touma Law Group works with clients across Richland County and the rest of South Carolina in weapons cases, including cases with federal exposure. A licensed South Carolina attorney at the firm must review the facts before anyone relies on general information. Reach out to our Columbia office to talk about what these changes could mean for your situation. Contact us today for a free consultation.
Frequently Asked Questions
No. Since March 7, 2024, a person who is not otherwise prohibited by law can carry a handgun, openly or concealed, without a concealed weapons permit. State law still bars carrying in certain places, such as the locations listed in Section 16-23-20. A licensed attorney must review the facts of any specific situation.
A law effective January 14, 2026 requires the State to dismiss pending unlawful handgun possession charges under Section 16-23-20 that arose before the 2024 constitutional carry act. If the charge was filed together with another offense from the same facts, the dismissal follows the resolution of that offense.
State law makes it a felony for a person convicted of a crime punishable by a maximum term of more than one year in prison to possess a firearm or ammunition, with listed exceptions. A conviction that has been expunged or set aside, or for which the person was pardoned or had civil rights restored, may be treated differently depending on the wording of the order. Federal law has a separate rule. A licensed attorney must review the specific facts.
Yes. Under the Protection of Persons and Property Act, 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 and may 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 a violent crime as defined in the statute.
No, but some people still get one because other states set their own rules on whether they honor South Carolina permits. A permit can also matter under some South Carolina statutes, such as the additional sentence in Section 16-23-495, which does not apply to a person with a valid permit.
