South Carolina’s firearm laws and regulations have changed more in the last two years than in the previous two decades. Constitutional carry, also known as South Carolina’s gun carry law, ended the old concealed carry permit requirement in 2024, and a new law that took effect in January 2026 is now clearing out old, pending gun charges tied to the years before that change.
If you own a firearm, carry one, or are already facing a weapons charge in Columbia, these changes affect you directly. A Columbia Gun Charge Lawyer at Touma Law Group can help you understand how the current laws apply to your situation. Call Touma Law Group today to schedule a free consultation and find out exactly 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. Since March 2024, most adults who can legally own a firearm no longer need a concealed carry permit to carry a concealed handgun openly or in public, though public safety rules for certain locations still apply.
That part of the law has not changed since 2024. What has changed is what happens to people who were charged with unlawful possession before that law existed. As of January 14, 2026, a new law requires the state to dismiss and expunge many of those pending charges.
Here is the short version of where things stand:
- Carrying a firearm: Still permit-free for eligible adults, the same as it has been since 2024.
- Old pending charges: Many unlawful possession charges filed before March 2024 must now be dismissed and expunged under the new 2026 law.
- Restricted locations: Unchanged. Certain places are still off limits no matter how you carry.
- Proposed changes: Several bills that would ban certain weapons or expand campus carry are still sitting in committee. None of them are law yet.
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 possession.
- No permit required. Eligible adults can carry a concealed handgun or carry openly without a concealed weapons permit (CWP).
- Age requirement. You generally need to be 21 or older. Active duty military members and honorably discharged veterans can carry starting at 18.
- Vehicle carry. A loaded, accessible handgun can be carried in a vehicle without a permit, as long as the person is legally eligible to possess it.
- Training classes are optional. A safety course is no longer required to carry, though we still recommend one.
- Out-of-state permits still work. South Carolina continues to honor valid concealed carry permits issued by other states.
Here’s how that compares to the law before 2024:
| Before Constitutional Carry (pre-March 2024) | Now | |
|---|---|---|
| Concealed carry | Required a concealed weapons permit | No permit required for eligible adults |
| Open carry | Generally not allowed | Allowed for eligible adults |
| Minimum age | 21, with a permit | 21 generally, 18 for active duty military and honorably discharged veterans |
| Training | Mandatory training class for a CWP | Not required, but encouraged |
| Vehicle carry | Permit required for a loaded, accessible handgun | No permit required for eligible adults |
One thing has not changed: police still do not require you to announce that you are carrying during a routine stop. But how you handle that moment can still affect your case, and that is exactly the kind of decision worth talking through with an attorney before it becomes a problem.
Where You Still Cannot Carry a Firearm in South Carolina
Constitutional carry did not open every door. Several locations remain off limits, and carrying in one of them can lead to an unlawful possession charge even if you are otherwise eligible to carry.
| Location | Can You Carry There? |
|---|---|
| Federal buildings (post offices, courthouses, military installations) | No |
| K-12 schools and school-sponsored events | No |
| Government buildings that require public access for official proceedings | No |
| Private property posted against weapons | No |
| Bars and restaurants that serve alcohol for on-site drinking | No |
| Buses and other public transportation | No |
| Airports, stadiums and similar restricted venues | No |
| Colleges and universities | No, even with an out-of-state permit |
That last one is worth watching. A few bills sitting in the South Carolina House would change campus carry rules, and we cover those below.
Concealed Carry Permits Are Optional Now, But Still Useful
A concealed weapons permit is no longer required in South Carolina, but plenty of people still complete the training and permit process. SLED still issues CWPs, and a permit can matter when you travel to a state that does not recognize South Carolina’s permit-free carry, or when you want a documented training class on file.
If you already hold a CWP, nothing about the process to renew or use it out of state has changed with the 2026 update.
Self-Defense, Stand Your Ground and the Use of Lethal Force
South Carolina’s self-defense laws fall under the Protection of Persons and Property Act. It covers your home, your occupied vehicle, and your place of business, and it extends further than that.
Under this stand-your-ground law, you generally have no duty to retreat before defending yourself in any place you have a legal right to be, as long as you are not engaged in unlawful activity yourself. That includes using lethal force when you reasonably believe it is necessary to prevent death, great bodily injury, or a violent crime.
A few things worth understanding before you assume this protects you automatically:
- The presumption of reasonable fear applies mainly to someone unlawfully and forcibly entering your home, vehicle, or business. Outside those settings, you still have to show your fear was reasonable under the circumstances.
- It does not apply to everyone. If the person you used force against had a legal right to be there, or was a law enforcement officer performing official duties, the presumption does not protect you.
- Immunity is not automatic. A court decides whether your use of force was justified. If it finds that it was, you can be immune from criminal prosecution and civil liability, and the law even allows you to recover attorney’s fees in a civil case that follows.
This is also where a citizen’s arrest and a self-defense claim can get tangled together. Attempting to detain someone yourself, especially with a firearm involved, raises the legal stakes considerably with law enforcement officers who respond after the fact. What counts as reasonable means in the moment is rarely as clear-cut as it feels afterward, which is exactly why these cases need a real legal review rather than a guess about how the law will see it.
A Felony Conviction Can Take Your Gun Rights Away
Constitutional carry did not change who is allowed to possess a firearm in the first place. If you have a prior felony conviction for a crime punishable by more than a year in prison, South Carolina’s firearm law still makes it a felony to possess a firearm or ammunition.
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 involved in this kind of charge is also subject to confiscation. If your civil rights were later restored, or the underlying felony conviction was expunged, set aside, or pardoned, you may not be barred under this statute, depending on how that restoration was worded.
Federal law adds another layer on top of South Carolina’s rules, particularly in cases connected to drug trafficking or other federal offenses. If a weapons charge is tied to a case that could go federal, the exposure changes significantly. Our guide to federal versus state drug trafficking charges breaks down how that jurisdictional line gets drawn.
The Newest Change: Old Pending Charges Can Now Be Dismissed
This is the part of South Carolina’s gun laws that is genuinely new in 2026, not just a holdover from constitutional carry.
Effective January 14, 2026, a new law requires the state to dismiss and expunge many unlawful handgun possession charges that were filed before South Carolina’s constitutional carry law took effect in March 2024. If your charge is not connected to another pending offense from the same incident, it generally qualifies. If it is tied to another charge, the dismissal typically happens once that other matter is resolved.
If you have an old possession charge from before 2024 still sitting on the books, or you are unsure whether an old case ever got cleared, this is worth a direct conversation with our team. First-time and lower-level cases may also qualify for Pre-Trial Intervention (PTI), which can keep a charge off your record entirely.
Proposals Still Moving Through the Statehouse
A handful of gun-related bills are working their way through the South Carolina legislature right now under the state’s current laws and regulations. None of them are law. We are including them here because they show where the debate over public safety and 2nd Amendment rights in South Carolina is heading, not because they change anything today.
- Assault weapons restrictions. Two companion bills would define and restrict certain semi-automatic firearms and high-capacity magazines. Supporters describe them as gun violence prevention measures. Opponents call them government overreach on Second Amendment rights. Both remain in House committee with no floor vote.
- Campus carry. Separate bills would let concealed carry permit holders carry on college campuses, or repeal the campus firearm ban outright. Both are still in committee.
- Second Amendment resolution. A House resolution expressing support for gun rights has been introduced. Even if adopted, it would not change any statute.
We will update this page if any of these move toward a floor vote or a governor’s signature.
What To Do If You’re Facing a Weapons Charge in Columbia
A gun charge in South Carolina can move fast, and small decisions early on, like what you say to a Columbia Police Department officer during a stop or whether you consent to a search, can shape the entire case. A charge is not a conviction, and the right defense depends on the facts, the charge, and the court handling it.
Our team at Touma Law Group works with clients across Richland County and the rest of South Carolina on everything from a first weapons charge to a case with federal exposure. Reach out to our Columbia office to talk through what these changes mean for your specific situation. Contact us today for a free consultation.
Frequently Asked Questions
No. Since March 2024, most adults 21 and older who can legally possess a firearm can carry a concealed handgun or carry openly without a permit. Active duty military members and honorably discharged veterans can carry starting at 18.
A new law effective January 14, 2026 requires the state to dismiss and expunge many pending unlawful handgun possession charges that were filed before the 2024 constitutional carry law took effect.
Generally, no. A prior felony conviction for a crime punishable by more than a year in prison makes firearm possession a felony under state law, with penalties that increase for repeat offenses. Restoration of civil rights or an expungement may change this depending on the specifics.
Yes. Under the Protection of Persons and Property Act, a person who is not engaged in unlawful activity generally has no duty to retreat before using force, including deadly force, in any place they have a legal right to be.
No, but some people still get one for reciprocity when traveling to states that do not recognize South Carolina’s permit-free carry.
