South Carolina

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

1. CWP training courses must have been completed within three years of filing the application.
2. Applicants must submit two (2) complete, legible sets of fingerprint cards through IdentoGo.
3. 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

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

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:

1. the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things; or
2. 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

South Carolina law does not address the issue of purchase/transfer of firearms.

South Carolina has no laws restricting the ammunition capacity of magazines.

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:

1. law enforcement, correctional, or detention facility;
2. courthouse, courtroom, or other publicly owned building, where court is held and during the time that court is in session;
3. polling place on election days;
4. office of or business meeting of the governing body of a county, public school district, municipality, or special purpose district;
5. school or college athletic event not related to firearms;
6. daycare facility or preschool facility;
7. place where the carrying of firearms is prohibited by federal law;
8. church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;
9. hospital, medical clinic, doctor’s office, or any other facility where medical services or procedures are performed, unless expressly authorized by the appropriate entity;
10. 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
11. 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.
12. 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

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

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

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

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

South Carolina does not have any laws specifically related to how firearms must be stored.

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.

South Carolina does not have Emergency Risk Orders ("Red Flag Laws).

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:

1. the defendant must be without fault in bringing on the difficulty;
2. 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;
3. 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
4. the defendant had no other probable means of avoiding the danger.

State v. Day, 341 S.C. 410, 535 S.E.2d 431 (2000)

“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 such case the right to take the life of such assailant upon such unprovoked assault extends to any relative, friend, or bystander who would likewise have the right to take the life of such assailant if such act was necessary to save the person so wrongfully assailed from imminent danger of being murdered by such assailant. In other words, if the assailant makes a malicious and unprovoked assault with a deadly weapon upon one person with the apparent malicious intention to take the life of the person assailed and thereby commit murder, then, where the danger of the commission of such murder is imminent, any relative, friend, or bystander would have the right to take the life of such assailant if necessary in order to prevent the commission of such murder, provided there was no other reasonable means of escape for the person so assailed, and provided both the person assailed and the person coming to his defense were without legal fault in bringing on the difficulty.”

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

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

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

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

South Carolina law:
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:

1. In addition to no duty to retreat in one’s home, there is no duty to retreat within or beyond the curtilage.
2. No duty to retreat in one’s place of business even if the aggressor also has a right to be there.
3. No duty to retreat if a guest in home of another unless required to leave by a householder.
4. 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.”
5. Where both parties own the premises, neither has the duty to retreat where the other is the aggressor.
6. Where both live in the same home, neither has the duty to retreat if the other is the aggressor.
7. Where both are guests in the same home, neither has the duty to retreat if the other is the aggressor.
8. Where both are fellow workers on the same jobsite, neither has the duty to retreat if the other is the aggressor.
9. One need not retreat “if to do so would apparently increase his danger”.
10. Duty to retreat before using deadly force in self-defense on a public street or highway, even when in own automobile.
11. 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

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

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.

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