Locked, loaded and legal: What you need to know about SC open carry laws
If you have ever walked into a grocery store and noticed someone walking down the frozen food aisle with a handgun strapped to their belt, don’t panic … it’s perfectly legal in the state of South Carolina.
Since 2021, anyone in the state of South Carolina can legally carry a handgun if they have a concealed weapons permit (CWP).
In March of 2024, the Constitutional Carry Guidance in South Carolina changed and now states that it is legal to openly carry or concealed carry a firearm with a length of “less than 12 inches” in South Carolina, no matter if you hold a valid CWP or not.
What is a Concealed Weapons Permit and do I still need one in SC?
In South Carolina, now that the Constitutional Carry Guidance has changed, permits have very little meaning.
According to the South Carolina Law Enforcement Division (SLED), the changes under the current handgun laws in South Carolina include:
There are no restrictions on guns inside vehicles. Guns can be stored anywhere inside the vehicle openly or concealed.
Possession of a firearm alone is not a reason to stop an individual. To make a stop, there must be reasonable suspicion a crime has occurred. Law enforcement officers cannot conduct a stop solely because a firearm is visible.
It allows individuals 18 years old and older to carry firearms openly or concealed without a permit.
A CWP holder or a person carrying a firearm without a permit under this law does not have a duty to notify a law enforcement officer that they are carrying a firearm.
Insofar as there is no longer a CWP requirement, a CWP holder is not required to carry his/her CWP or disclose his/her status as a CWP holder to a law enforcement officer.
Even though CWPs have lost some of their value in the state of South Carolina, it is still good to obtain one for a few reasons:
If you’re traveling, particularly through other states, it’s recommended by lawyers to get a permit or renew an existing one if interstate travel with your firearm is important to you.
Having a CWP makes purchasing a firearm easier.
According to the United States Concealed Carry Association, there are currently 675,000 permits issued in the state of South Carolina.
Where is open carry forbidden in SC?
But even with these changes, firearms are still prohibited in some locations. According to South Carolina Law Enforcement, these prohibited locations include:
Police stations, Sheriff’s departments, or other law enforcement facilities.
Jails or detention centers.
Courthouses/courtrooms.
Polling places on election days.
Offices or meeting places of governmental entities such as counties, cities, and school districts.
School or college athletic events not related to firearms.
Church officials who hold a CWP may carry a handgun openly or concealed on school grounds when the property is leased by the church and only during services or other official church activities. In limited instances, this may also apply to a school attached to church grounds.
Daycares or preschools.
Places where the carrying of firearms is prohibited by federal law.
Churches or religious sanctuaries unless permission is given by the head of the facility.
Hospitals, medical clinics, doctor’s offices, or other places where medical services are rendered unless permission is given by the head of the facility.
Businesses, restaurants or other establishments that post “No Concealed Weapons Allowed” signs or that otherwise express that they do not want concealed weapons on their premises.
Homes, apartments, or other dwellings unless you have the express permission of the person living at the residence.
If you bring a gun to a school or college of any kind, don’t carry the gun on you. It must be in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle.
Can I carry a handgun in my car?
You are allowed to carry a handgun in your car under South Carolina law. It is acceptable to store or carry a handgun anywhere in your car, whether occupied or unoccupied.
What if I’m a business owner? Do I get a say?
If you are a business owner or the person in control of a business, you have the right to carry a handgun at your business.
If you are an employee, you may do so if you have the permission of the owner, per South Carolina law.
What if I find a handgun? What should I do?
If you find a handgun sitting out anywhere unattended or not in someone’s vehicle, you can call the police and turn it over to them.
Once reported, they will then try to determine whether the gun is stolen or if it was used in the commission of a crime, and they may be able to locate the rightful owner.
Who is not allowed to own a gun in South Carolina?
It is unlawful for a person who has been convicted of a crime punishable by imprisonment of more than one year to possess a firearm or ammunition.
Under the handgun laws in South Carolina, the following persons can’t own a gun:
Persons convicted of a felony, a violent crime, a crime of criminal domestic violence or a misdemeanor that carried more than 2 years in jail. However, if you have the charges pardoned, you will get your gun rights back.
Persons under a domestic order of protection (such as a restraining order in family court) may not possess a firearm or ammunition at any time. If your domestic order of protection has expired, you might be able to get your gun rights back.
Persons who aren’t felons but are awaiting trial on felony charges may not receive a firearm.
Persons who are on probation or parole.
Persons who have been declared mentally incompetent by a court of law.
Persons who have been ordered by a court to surrender their firearms.
What are offenses with open carry laws?
If the provisions of Section 16-23-20 are violated, the accused party can be found guilty of the following based on the type of offense:
A misdemeanor that upon conviction, can result in a fine of up to $1,000 and face imprisonment for up to a year (First offense).
A misdemeanor that upon conviction, can result in up to three years of imprisonment (Second offense).
A felony that upon conviction, can result in up the five years in prison. (Third offense).
A person convicted of committing or attempting to commit a crime involving a concealable weapon, as defined in Section 23-31-210(5) of South Carolina law, can be imprisoned for up to three years.
Are there any other weapon offenses in South Carolina?
There are a handful of weapon offenses and laws in South Carolina. Some of the most common include:
You can’t own or handle an automatic weapon, sawed-off rifle or sawed-off shotgun.
You can’t bring to a school any weapon, which includes a knife with over a 2-inch blade, a blackjack, a metal pipe or pole, firearms or any other type of weapon, device or object which may be used to inflict bodily injury or death.
You can’t point a firearm at another person.
You can’t discharge a firearm at or into any building or structure that may be occupied by people.
You can’t discharge a weapon out of a car, boat or aircraft.
Local ordinances
City and county ordinances often regulate the discharge or use of firearms.
Staff Sergeant Herlong of the Beaufort County Sheriff’s Office stated that, “Beaufort County follows all the same carry laws as the South Carolina Law Enforcement Division.”
However, different areas within Beaufort County have their own ordinances regarding the discharge of firearms. Here is what they state for the City of Beaufort, Bluffton and Hilton Head.
Beaufort
In the City of Beaufort, it is unlawful to discharge any firearm, air gun, spring-loaded gun, crossbow, bow and arrow or other device firing a projectile, arrow or rocket in the city.
This ordinance excludes law officers, gun range use and citizens using a firearm lawfully defending their person when in fear of life, or when in fear of having serious bodily harm inflicted upon them or another person. In permitted areas, the use of a gun is allowed for hunting.
Bluffton
In the City of Bluffton, it is unlawful for any person to intentionally, carelessly or negligently discharge or cause to be discharged any loaded or unloaded firearm of any kind.
You cannot discharge an air rifle, pellet rifle, slingshot or other device within the corporate limits of the city with the intent to harm someone or property.
This ordinance excludes forms of self-defense, officers, gun ranges or other regulated facilities.
Hilton Head
In Hilton Head, it is unlawful to discharge firearms within the town.
This ordinance excludes police officers, security officers, hunting and areas approved by the town manager for practice ranges and sport shooting.
