Quick Reference
Magazine Capacity Restrictions
Constitutional (Permitless) Carry Allowed
Red Flag Laws
Carry in Alcohol Establishments Allowed
Open Carry Allowed
No Weapons Signs Enforced by Law
NFA Weapons Allowed
Duty to Retreat
Duty to Inform Law Enforcement
"Universal" Background Checks Required
Table of Contents
State Law Summary
Constitution of the State of South Carolina - S.C. Const. Art. I, § 20
"The right of the citizens to keep and bear arms shall not be infringed."Â
South Carolina's firearm law history reflects a commitment to individual gun rights, marked by key legislative changes and significant legal developments. In 1996, the state implemented its first concealed carry permit law, allowing individuals to carry concealed firearms after completing a background check and safety training. This law was a major step toward expanding firearm ownership rights in the state. In 2011, South Carolina passed the "Open Carry with a Permit" law, enabling licensed individuals to openly carry firearms in public, further broadening the scope of legal gun ownership. Significant legal cases, such as State v. Gunter (2012), have reinforced the rights of citizens to carry firearms for self-defense. In 2021, legislation aimed at enhancing the rights of gun owners was proposed, showcasing ongoing public interest in firearm rights. Overall, South Carolina's legal framework reflects a strong support for responsible gun ownership.
Permit Eligibility, Training and Application Process
South Carolina's history of concealed weapon permits has seen significant developments since the law's inception. In 1996, the state enacted its first concealed carry permit law, allowing residents to apply for permits after completing a background check and safety training, marking a crucial expansion of gun rights. In 2014, South Carolina passed legislation that clarified the permit application process, making it more efficient and accessible for applicants. Additionally, in 2016, the "Open Carry with a Permit" law was enacted, permitting individuals with valid concealed carry permits to openly carry firearms, further enhancing gun owners' rights. Recent discussions around potential reforms, including the introduction of "Constitutional Carry," highlight the ongoing dialogue regarding firearm rights in the state. Overall, South Carolina's concealed weapon permit history reflects a strong commitment to promoting responsible gun ownership while recognizing the rights of individuals to defend themselves.
SC Permit Eligibility
In order for an applicant to be approved, he/she must:
- Be a citizen of the United States or have been lawfully admitted for permanent residence in the United States.
- Be a South Carolina resident or qualified non-resident;
- Have you successfully completed the required training.
- Be allowed by all applicable federal/state laws and court orders to possess a handgun?
- Be at least Eighteen (18) years of age;
A permit will not be issued to any individual who:
- Is ineligible to possess or receive a firearm under federal or State law;
- Is under indictment or against whom a finding of probable cause exists for a felony, or has ever been adjudicated guilty in any court of a felony;
- Is a fugitive from justice;
- Is an unlawful user of or addicted to marijuana, alcohol, or any depressant, stimulant or narcotic drug, or any other controlled substance;
- Is currently, or has previously been adjudicated by a court, or administratively determined by a governmental agency whose decisions are subject to judicial review, to be lacking mental capacity or mentally ill. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant;
- Has been discharged from the U.S. armed forces under conditions other than honorable;
- Has been convicted of an impaired driving offense within three years prior to the date of application submission;
- Has had an entry of prayer for judgment continued for a criminal offense which would disqualify the applicant from obtaining a concealed handgun permit;
- Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him/her from obtaining a concealed handgun permit; or
- Has been found guilty of or received a prayer for judgment continued or a suspended sentence for certain crimes
S.C. Code Ann. § 23-31-215
Permit Training Requirements
“Proof of training” means an original document or certified copy of the document supplied by an applicant that certifies that within three years before filing an application, has successfully completed a basic or advanced handgun education course offered by a state, county, or municipal law enforcement agency or a nationally recognized organization that promotes gun safety.
This education course must include, but is not limited to:
- the statutory and case law of this State relating to handguns and to the use of deadly force;
- on handgun use and safety;
- the proper storage practice for handguns with an emphasis on storage practices that reduces the possibility of accidental injury to a child;
- the actual firing of the handgun in the presence of the instructor, provided that a minimum of twenty-five rounds must be fired;
- properly securing a firearm in a holster;
- “cocked and locked” carrying of a firearm;
- how to respond to a person who attempts to take your firearm from your holster; and
- de-escalation techniques and strategies.
No provision in this act should be construed as the General Assembly discouraging responsible gun ownership; and the General Assembly, encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon.
S.C. Code Ann. § 23-31-215
Permit Application Process
In order to acquire a South Carolina concealed handgun permit, an individual must submit an application through the SLED online program, or by mailing it to the SC Law Enforcement Division. https://www.sled.sc.gov/cwp
- CWP training courses must have been completed within three years of filing the application.
- Applicants must submit two (2) complete, legible sets of fingerprint cards through IdentoGo.
- Submit your application with the following documents:
- Applicants must submit an original completed, signed, and dated application.
- The CWP instructor must also sign the application.
- Applicants must submit a good quality photocopy of their state issued driver’s license or officially issued identification card (address must be current and match the application).
- Training date, instructor certification number, and student number must be entered onto the application.
- You must submit a signed copy of the current SLED CWP Instructor/Student Checklist with your application.
Other documents that may be needed:
- Active-duty military applicants must submit military orders.
- Retired or former military applicants must submit a copy of their DD214.
- Retired law enforcement officers must submit proof of retirement benefits/pension documentation.
- Active/retired South Carolina law enforcement officers exempt from training must submit current legal and firearm training documentation.
- Out-of-state retired law enforcement officers (or those whose certification has expired) must submit proof of graduation from a federal or state academy that included firearms training as a graduation requirement.
- Disabled veterans must submit documentation from the VA indicating their disability rating or a qualified Service-Connected card.
Applications take approximately 90 days to process and approve.
S.C. Code Ann. § 23-31-215
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.Â
On March 7, 2024, South Carolina Governor McMaster signed H. 3594. The “South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024” took effect immediately and removed the legal requirement to obtain a Concealed Weapons Permit (CWP) prior to carrying a loaded firearm in public, subject to certain restrictions.
South Carolina law:
The availability of a permit to carry a concealable weapon under this section must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one’s person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law. A permit issued pursuant to this article is not required for a person:
- carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as “pepper gas”; or
- carrying a concealable weapon in a manner not prohibited by law.
"Concealable weapon" means a firearm having a length of less than twelve inches measured along its greatest dimension that may be carried openly on one's person or in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property. S.C. Code Ann. § 23-31-210
A permit holder must report the loss or theft of a permit identification card to SLED headquarters within forty-eight hours of the time the permit holder knew or reasonably should have known of the loss or theft. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars. S.C. Code Ann. § 23-31-215(K).
It is unlawful for a person to present or point at another person a loaded or unloaded firearm. This section must not be construed to abridge the right of self-defense or to apply to theatricals or like performances. S.C. Code Ann. § 16-23-410
 S.C. Code Ann. § 23-31-215
“With my signature, South Carolina is now the 29th state in the country with constitutional carry. This bill expands the Second Amendment rights of our law-abiding citizens and will keep violent criminals behind bars with increased penalties for illegal gun use and possession.”
Gov. Henry McMaster
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.Â
South Carolina law:
No governing body of any county, municipality, or other political subdivision in the State may enact or promulgate any regulation or ordinance that regulates or attempts to regulate:
- the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things; or
- a landowner discharging a firearm on the landowner's property to protect the landowner's family, employees, the general public, or the landowner's property from animals that the landowner reasonably believes pose a direct threat or danger to the landowner's property, people on the landowner's property, or the general public. For purposes of this item, the landowner's property must be a parcel of land comprised of at least twenty-five contiguous acres. Any ordinance regulating the discharge of firearms that does not specifically provide for an exclusion pursuant to this item is unenforceable as it pertains to an incident described in this item; otherwise, the ordinance is enforceable.
S.C. Code § 23-31-510
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).Â
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law. Â
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.Â
Firearm Classification and Accessory Restrictions
COMING SOON!
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds. Â
South Carolina has no laws restricting the ammunition capacity of magazines.
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.Â
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas. Â
South Carolina law:
It is unlawful, whether or not the person has a concealed weapon permit, for anyone to carry about the person any handgun, whether concealed or not, unless otherwise specifically authorized by law into a:
- law enforcement, correctional, or detention facility;
- courthouse, courtroom, or other publicly owned building, where court is held and during the time that court is in session;
- polling place on election days;
- office of or business meeting of the governing body of a county, public school district, municipality, or special purpose district;
- school or college athletic event not related to firearms;
- daycare facility or preschool facility;
- place where the carrying of firearms is prohibited by federal law;
- church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;
- hospital, medical clinic, doctor’s office, or any other facility where medical services or procedures are performed, unless expressly authorized by the appropriate entity;
- residence or dwelling place of another person without the express permission of the owner or person in legal control or possession of the residence or dwelling place, as appropriate; or
- place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises in compliance with S.C. Code Ann. § 23-31-235.
- a polling place on election days (S.C. Code Ann. § 16-23-20 (A)(3))
Notwithstanding any provision in this section, a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied.
S.C. Code Ann. § 16-23-20, 50
Schools & School Events
It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post‑secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property.
- Does not apply to when the firearm remains inside an attended or locked motor vehicle and is secured 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.
- The terms “premises” and “property” do not include state or locally owned or maintained roads, streets, or rights‑of‑way of them, which are open full time to public vehicular traffic.
- This section does not apply when upon any premises, property, or building that is part of an interstate highway rest area facility.
Notwithstanding any other provision of law, upon express permission given by the appropriate church official or governing body, any person may carry a concealable weapon, whether concealed or openly carried, on the leased premises of an elementary or secondary school if a church leases the school premises or areas within the school for church services or official church activities. S.C. Code Ann. § 23-31-232
- only during those times that the church has use of the school property pursuant to its lease with the school;
- only to the areas of the school within the lease agreement, any related parking areas, or any reasonable ingress or egress between these areas.
- The provisions of this section do not apply during any time students are present as a result of a curricular or extracurricular school‑sponsored activity that is taking place on the school property.
For the purposes of the Federal Gun-Free School Zone Act (18 U.S.C. Section 921(a)), the buildings and grounds of a school that are leased to a church are not considered a school during the hours that the church has the use and enjoyment of the school property pursuant to this section.
S.C. Code Ann. § 16-23-420
Public Events & State Parks
The State of South Carolina has preempted local governments from making firearm laws regarding the carrying of firearms. This means that the law is uniform throughout the state.
- Notwithstanding another provision of law, a governing body of a county, municipality, or political subdivision may temporarily restrict the otherwise lawful open carrying of a firearm on public property when a governing body issues a permit to allow a public protest, rally, fair, parade, festival, or other organized event.
- State Parks: Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. This subsection shall not apply to a person in possession or carrying a concealable weapon, as defined in Section 23-31-210(5). S.C. Code Ann. § 51-3-145(G)
S.C. Code Ann. § 23-31-520
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others. Â
South Carolina law:
The availability of a permit to carry a concealable weapon under this section must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one's person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law.
S.C. Code § 23-31-215
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing. Â
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.Â
South Carolina law:
The posting by the employer, owner, or person in legal possession or control of a sign stating “NO CONCEALABLE WEAPONS ALLOWED” shall constitute notice that concealable weapons, whether concealed or openly carried, not be brought upon the premises or into the workplace.
Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
- the right of a public or private employer to prohibit a person who is otherwise not prohibited by law from possessing a handgun from carrying a concealable weapon, whether concealed or openly carried, upon the premises of the business or workplace or while using any machinery, vehicle, or equipment owned or operated by the business; or
- the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon, whether concealed or openly carried, upon his premises.
Any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon, whether concealed or openly carried, upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.
- Signs must be posted at each entrance into a building where carrying of a concealable weapon is prohibited;
- Nothing in this section prevents a public or private employer or owner of a business from posting a sign regarding the prohibition or allowance on those premises of concealable weapons, whether concealed or openly carried, which may be unique to that business.
S.C. Code Ann. § 23-31-220, 235
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
South Carolina law:
A person otherwise lawfully carrying a firearm, is prohibited from knowingly carrying a firearm into a business that sells alcohol for consumption if:
- prohibited by the posting of a “NO CONCEALABLE WEAPONS ALLOWED” sign in compliance with S.C. Code Ann. § 23-31-325;
- requested to leave the business’ premises, or any portion of the premises, or to remove the concealable weapon from the business’ premises, or any portion of the premises.
- consuming alcoholic liquor, beer, or wine;
And upon conviction, must be fined not more than two thousand dollars or imprisoned not more than two years, or both.
A person who uses a firearm within SC shall submit to a SLED-approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if:
- there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance;
- the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance.
S.C. Code Ann. § 23-31-410, 415, 420
South Carolina does prohibit the discharge of a firearm while under the influence of alcohol or a controlled substance.
However, this does not apply to persons lawfully defending themselves or their property. S.C. Code Ann. § 23-31-400
S.C. Code Ann. § 16-23-465
Vehicle and Transport Laws
Permit reciprocity and other differences between state regulation of firearms can create a difficult landscape for firearm owners to navigate while transporting firearms interstate. In 1968, and again in 1986, Congress set out to help hunters, travelers, and other firearm owners who were getting arrested for merely transporting firearms through restrictive states. To help simplify the complex web of state firearm laws, Congress passed the 1986 Firearm Owners Protection Act (“FOPA”) as part of Senate Bill 2414. The specific “safe harbor” provision of the law, often referred to as the “McClure-Volkmer Rule,” provides some protection for gun owners transporting firearms through restrictive states, subject to strict requirements. This federal law is covered in more detail in the federal law section of this database. Â
Beyond federal law, the laws of each state will impose additional restrictions, or protections, related to transporting firearms in a vehicle. Â
South Carolina law:
Notwithstanding any provision in this section, a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied.
- Premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post‑secondary institution, requires the firearm remain inside an attended or locked motor vehicle and is secured 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.
"Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property. S.C. Code Ann. § 16-11-430
"Luggage Compartment" means the trunk of a motor vehicle which has a trunk; however, with respect to a motor vehicle which does not have a trunk, the term ”luggage compartment” refers to the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motor vehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, truck or sport utility vehicle, the term ”luggage compartment” refers to the area behind the rearmost seat”. S.C. Code Ann. § 16-23-10
It is unlawful for any passenger to carry or possess any weapon, explosives, acids, other dangerous articles, in a bus or any other public transportation vehicle. S.C. Code Ann. § 58-23-1830
S.C. Code Ann. § 16-23-20d
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors. Â
South Carolina does not have any laws specifically related to how firearms must be stored.
Other Weapons Restrictions
COMING SOON!
Police Encounter Laws
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.Â
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.Â
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.  Â
A CWP holder or a person carrying a firearm without a permit pursuant to this law DOES NOT have a duty to notify a law enforcement officer that they are carrying a firearm.
A person openly carrying a weapon in accordance with this article does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person. S.C. Code Ann. § 23-31-245
- Possession of a firearm alone is NOT a reason to stop an individual.
- Law enforcement officers cannot conduct a stop solely because a firearm is visible.
- To make a stop, there must be reasonable and articulable suspicion a crime has occurred.
This article does not prevent a law enforcement officer from searching, detaining, or arresting a person when he has a particularized and objective basis for suspecting the particular person stopped of criminal activity.
When you inform an officer that you have a firearm, make sure you follow these rules:
- Keep your hands visible at all times.
- Comply fully with all instructions given by the officer.
- Do not reach for your firearm or other weapons unless instructed to do so.
- If you are asked if you have a firearm in your presence, it is recommended that you be completely truthful and cooperative.
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.Â
South Carolina does not have Emergency Risk Orders ("Red Flag Laws).
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws. Â
South Carolina law:
Deadly force is legally justified when a person reasonably believes:
- That another is in imminent peril of being killed or receiving great bodily injury;
- The assailant is using or reasonably appears to be about to use unlawful force against them as an occupant of a dwelling, residence, occupied vehicle or place of business;
- The assailant is committing or reasonably appears about to commit a statutorily defined violent crime as defined in S.C. Code Ann. §16-1-60 including kidnapping, armed robbery, criminal sexual assaults, or certain aggravated assault and batteries against them.
S.C. Code Ann. § 16-11-440
To establish self-defense in murder prosecution, four elements must be present:
- the defendant must be without fault in bringing on the difficulty;
- the defendant must have been in actual imminent danger of losing his life or sustaining serious bodily injury, or he must have actually believed he was in imminent danger of losing his life or sustaining serious bodily injury;
- if his defense is based upon his belief of imminent danger, defendant must show that a reasonably prudent person of ordinary firmness and courage would have entertained the belief that he was actually in imminent danger and that the circumstances were such as would warrant a person of ordinary prudence, firmness, and courage to strike the fatal blow in order to save himself from serious bodily harm or the loss of his life; and
- the defendant had no other probable means of avoiding the danger.
State v. Day, 341 S.C. 410, 535 S.E.2d 431 (2000)
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state. Â
South Carolina has adopted the so called “alter ego” rule with respect to the defense of others.
“A Person who (intervenes on behalf of another) will not be allowed the benefit of the plea of self-defense, unless such plea would have been available to the person whose part he took in case he himself had done the killing since the person interfering is affected by the principle that the party bringing on the difficulty cannot take advantage of his own wrong.”
In other words, the person intervening is deemed to “stand in the shoes” of the person on whose behalf he is intervening If that individual “had the right to defend himself, then the intervening party is also protected by that right. If, however, the party had no right to use force… then the intervening party will also assume the liability of the person on whose behalf he interfered.” McAninch & Fairey, p. 494
S.C. Code Ann. § 16-11-440
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.  Â
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.Â
South Carolina law:
A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person against whom the deadly force is used is:
- in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle; or
- if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle;
and knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.
- A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.
- A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.
S.C. Code Ann. § 16-11-440
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
What if Someone is Trespassing? You cannot use deadly force against a mere trespasser.
- Ask them to leave.
- Call the police.
- Sue them for any damages they cause to the property.
If they become an imminent threat of serious bodily injury or death, then you fall back to the three “outside the house rules”.
When is the use of non-deadly force justified in defense of property?
- You must be in possession of the property as either its owner, an agent of its owner or an employee of its owner;
- You must reasonably believe that the other person was about to either injure, destroy, or unlawfully take the property;
- To prevent the other party from injuring, destroying, or unlawfully taking the property, you reasonably believed you had to use force; and
- You used no more force against the other party than was reasonably necessary under the circumstances to prevent injury, destruction, or unlawful taking of the property.
S.C. Code Ann. § 16-11-510
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.Â
South Carolina law:
A person who uses deadly force as permitted by the provisions of this article or another applicable provision of law is justified in using deadly force and is immune from criminal prosecution and civil action for the use of deadly force, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known that the person is a law enforcement officer.
- A law enforcement agency may use standard procedures for investigating the use of deadly force as described above, but the agency may not arrest the person for using deadly force unless probable cause exists that the deadly force used was unlawful.
- The court shall award reasonable attorneys' fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of a civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided above.
S.C. Code Ann. § 16-11-450
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.Â
A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and 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 the commission of a violent crime as in S.C. Code Ann. § 16-1-60.
McAninch and Fairey identified a whole host of situations where the duty of retreat is not applicable:
- In addition to no duty to retreat in one’s home, there is no duty to retreat within or beyond the curtilage.
- No duty to retreat in one’s place of business even if the aggressor also has a right to be there.
- No duty to retreat if a guest in home of another unless required to leave by a householder.
- No duty to retreat where attached in a person’s club room. “A man is no more bound to allow himself to be run out of his rest room than his workshop.”
- Where both parties own the premises, neither has the duty to retreat where the other is the aggressor.
- Where both live in the same home, neither has the duty to retreat if the other is the aggressor.
- Where both are guests in the same home, neither has the duty to retreat if the other is the aggressor.
- Where both are fellow workers on the same jobsite, neither has the duty to retreat if the other is the aggressor.
- One need not retreat “if to do so would apparently increase his danger”.
- Duty to retreat before using deadly force in self-defense on a public street or highway, even when in own automobile.
- Duty to retreat in a store where public is invited.
One who is not the initial aggressor may stand his ground, regardless of whether he is in or outside the home.
S.C. Code Ann. § 16-11-440
Self-Defense Limitations
A person is NOT presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when the person:
- against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or
- sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or
- who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
- against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer. State v. Fuller, 297 S.C. 440, 377 S.E.2nd (1989)
Only such force must be used as is necessary, or apparently necessary, to a reasonably prudent man.
Any greater expenditure cannot be justifiable and is therefore punishable. State v. Hibler
S.C. Code Ann. § 16-11-440
Use of Force Considerations
COMING SOON!
Use of Force Against Animals
South Carolina Code Annotated Section 47-3-420(A)(3) allows the use of a firearm in an emergency situation to kill an animal or animals to prevent extreme suffering of the animal, in cases where the safety of people or animals is threatened, or where considered necessary by the S.C. Department of Natural Resources to eliminate or control the population of feral animals.
Special Notes
2nd Amendment Preservation
The State of South Carolina, and its political subdivisions, cannot be compelled by the federal government to take any legislative or executive action to implement or enforce a federal law, treaty, executive order, rule, or regulation related to an individual's right to keep and bear arms enshrined in the Second Amendment to the United States Constitution that limits or proscribes carrying concealable weapons, whether concealed or openly carried, as provided in this chapter.
- Any federal law, treaty, executive order, rule, or regulation related to limiting or proscribing the carry of concealable weapons must be evaluated by the Attorney General. The Attorney General shall issue a written opinion of whether the law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A).
- If the Attorney General renders an opinion that a federal law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A), then:
- no public funds of this State, or any political subdivision of this State, shall be allocated for the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation;
- no personnel or property of this State, or any political subdivision of this State, shall be allocated to the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation; and
- no official, agent, or employee of the State of South Carolina, or any political subdivision of it, shall implement, attempt to implement, enforce, or attempt to enforce that federal law, treaty, executive order, rule, or regulation.
S.C. Code Ann. § 16-23-420
Cases to Watch
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