COLUMBIA – Effective Thursday, March 7, 2024, South Carolina Governor Henry McMaster signed legislation that permits citizens to carry handguns without a permit. The enactment of this legislation, commonly referred to as “Constitutional Carry,” gives citizens of South Carolina the legal right to carry firearms in most public places.
Changes under the new law
Implementation: This new law is now in effect, as of Thursday, March 7, 2023. All citizens are encouraged to familiarize themselves with the changes regarding this legislation.
- Age Requirement for the Carrying of a Firearm: Individuals, ages 18 and over, are now permitted to carry firearms.
- The Storage of Firearms inside of vehicles: This new law has no specific restrictions as to where firearms must be stored inside of vehicles. Owners may now store their firearms in any part of the vehicle. However, we strongly encourage everyone to secure their firearms responsibly to prevent unauthorized use, especially in preventing access by minors.
- Law Enforcement Stops and the Possession of Firearms during those Law Enforcement Stops: Law enforcement officers require reasonable and articulable suspicion of a crime to lawfully stop an individual, beyond that citizen merely carrying a firearm. The mere visible presence of a gun does not constitute a legal basis for a stop.
- Firearms are still banned in some places, including police Stations, jails, prisons, schools, courthouses, and the State House.
Penalties and Legal Repercussions:
Unlawful Possession/Carry of a Firearm:
- First offense: Considered a misdemeanor, punishable by a fine up to $1,000, imprisonment up to one year, or both.
- Second offense: A misdemeanor, with possible imprisonment up to three years.
- Third or subsequent offense: Classified as a felony, with imprisonment up to five years.
Felon in Possession of a Firearm: For individuals previously convicted of a crime with a maximum imprisonment term exceeding one year, possession of firearms or ammunition is unlawful.
- First offense: Up to five years’ imprisonment.
- Second offense: A mandatory minimum of five years to a maximum of twenty years.
- Third or subsequent offenses: A mandatory minimum of ten years to a maximum of thirty years.
Crimes Involving Firearms without a CWP (Concealed Weapons Permit): Additional imprisonment up to three years for committing or attempting to commit a crime involving a concealable weapon, if the individual does not possess a valid CWP.
This penalty is in addition to the punishment for the primary offense and does not apply to individuals with a valid CWP at the time of the crime.
Mandatory Reporting & Training
Lost or Stolen Firearms: It is mandatory to report the loss or theft of a firearm to local law enforcement within ten days of the discovery.
State-Sponsored Firearms Training: SLED will provide free concealed weapon permit training courses available statewide.
The Fairfield County Sheriff’s Office encourages all gun owners to take these classes for safe and informed firearm handling.
The Fairfield County Sheriff’s Office encourages everyone to be responsible gun owners by staying informed of this newest legislation and practicing responsible gun ownership practices, including effective firearm storage habits, thorough training, and a clear understanding of legal rights and obligations. Citizens with questions can contact their office for assistance.
