South Carolina’s gun laws aim to balance individuals’ rights to bear arms with the state’s responsibility to ensure public safety. Whether you’re a gun owner, considering purchasing a firearm, or concerned about legal penalties related to firearm violations, understanding the laws and associated penalties in South Carolina is crucial.
This guide provides a comprehensive overview of South Carolina’s gun laws, focusing on who can legally own a firearm, where firearms are permitted, and the criminal penalties for violating these laws.
Who Can Legally Own a Firearm in South Carolina?
Under South Carolina law, individuals must meet specific eligibility requirements to own or purchase a firearm. The state aligns closely with federal laws on firearm ownership, which prohibit
specific individuals from possessing firearms, including:
- Convicted Felons: Individuals convicted of a felony, or a crime punishable by more than one year in prison, cannot possess firearms unless their rights have been restored.
- Domestic Violence Offenders: A person convicted of domestic violence charges is prohibited from owning a firearm under both state and federal laws.
- Drug and Alcohol Users: Individuals addicted to controlled substances or habitually using alcohol in a way deemed unsafe are barred from firearm ownership.
- Mental Health Restrictions: Those involuntarily committed to a mental health institution or adjudicated as mentally incompetent cannot own firearms.
Additionally, South Carolina law requires that individuals must be at least 21 to purchase a handgun and at least 18 to purchase a rifle or shotgun.
Concealed Carry Permits in South Carolina
South Carolina is a “shall-issue” state for concealed carry permits, meaning that the state must issue a permit if an applicant meets the qualifications. The South Carolina Law Enforcement Division (SLED) oversees the issuance of Concealed Weapons Permits (CWP).
To obtain a CWP, applicants must:
- Be at least 21 years old.
- Complete an approved firearms safety and training course.
- Pass a background check, which includes fingerprinting.
- Demonstrate lawful residency or citizenship.
South Carolina honors concealed carry permits from several other states, but not all. Gun owners traveling into South Carolina should verify reciprocity agreements to ensure compliance.
Prohibited Locations for Firearms
While South Carolina allows both open and concealed carry in specific circumstances, there are restricted areas where firearms are not permitted, even with a valid CWP. These include:
- Schools, including public and private elementary or secondary schools and colleges.
- Government buildings, such as courthouses and law enforcement offices.
- Businesses serving alcohol for on-site consumption unless the individual is not consuming alcohol.
- Private property where the owner has posted signs prohibiting firearms.
Violating these location restrictions can result in criminal charges, including fines, imprisonment, or both, depending on the severity of the violation.
Firearm-Related Criminal Penalties in South Carolina
South Carolina imposes strict penalties for firearm violations. Below are some of the most common offenses and their potential consequences:
- Unlawful Possession of a Firearm
- Individuals prohibited from owning a firearm under state or federal law can face felony charges if found in possession. Penalties include up to 5 years in prison and significant fines.
- Unlawful Sale or Transfer
- Selling or transferring firearms to a prohibited individual is a serious offense. Penalties range from misdemeanor charges for minor infractions to felony charges for egregious violations.
- Using a Firearm During a Crime
- South Carolina has enhanced penalties for using a firearm during the commission of a crime. For example, possessing a firearm while committing a violent crime can result in an additional 5 to 10 years in prison.
- Carrying a Firearm Without a Permit
- Carrying a concealed firearm without a valid permit is a misdemeanor that can result in up to 1 year in jail and fines up to $1,000.
- Brandishing a Firearm
- Displaying a firearm in a threatening or reckless manner is considered unlawful and may lead to misdemeanor or felony charges, depending on the circumstances.
- Straw Purchases
- Purchasing a firearm on behalf of someone prohibited from owning one is a federal crime that South Carolina enforces rigorously. Penalties include lengthy prison sentences and substantial fines.
Firearms and Domestic Violence Cases
South Carolina has stringent laws addressing firearms in domestic violence situations. Those subject to a domestic violence restraining order, or individuals convicted of domestic violence offenses, are prohibited from possessing firearms. Violating this prohibition can lead to federal and state charges, imprisonment, and significant fines.
Recent Developments in South Carolina Gun Laws
Gun laws in South Carolina are subject to change due to legislative updates or judicial rulings. For instance, ongoing debates around constitutional carry laws (allowing carrying a firearm without a permit) and enhanced penalties for gun-related crimes could influence future legislation. Gun owners should stay informed about these potential changes to remain compliant.
How Baker Law Group Can Help
Understanding South Carolina’s complex gun laws is essential for gun owners and anyone accused of firearm-related crimes. Navigating these laws without legal assistance can be daunting, especially when criminal charges or penalties are involved.
Baker Law Group is committed to protecting your rights and providing skilled representation in firearm-related cases. Whether you need guidance on gun ownership laws or defense against criminal charges, our team is here to help.
Contact a Greenville Criminal Lawyer
If you’re facing criminal charges related to firearms or need assistance understanding South Carolina’s gun laws, don’t wait to seek help. Contact a Greenville criminal lawyer at Baker Law Group today. Our experienced attorneys will tirelessly protect your rights and achieve the best possible outcome for your case.
