South Carolina Concealed Carry Firearm Laws

South Carolina: Gun Laws Summary

South Carolina is a shall-issue state for concealed weapons permits issued at the state level by the South Carolina Law Enforcement Division (SLED). There is no permit, background check, or firearms registration required when buying a handgun from a private individual.

As of August 15, 2021, open carry and concealed carry are legal for residents with a South Carolina Concealed Weapons Permit (CWP) and for non-residents with a license/permit from a state that South Carolina honors. Concealable weapons carried openly on one’s person or in a manner 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. Areas that are off-limits to concealed carry are also off-limits to open carry. Private properties posted with signs stating ‘No Concealable Weapons Allowed’ prohibit both open and concealed carry. CWPs are issued to residents, non-residents who own property in the state, and military personnel stationed in South Carolina.

CWPs require an 8-hour firearms training course approved by the state. The minimum age to obtain a CWP is 21 years old. South Carolina honors resident permits from states that recognize South Carolina permits, provided that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. Some areas, including schools and courthouses, are off-limits.

Self-Defense

South Carolina is a Castle Doctrine state. A person who is not engaged in an unlawful activity and who is attacked in a place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground.

Use of Deadly Force

A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or herself 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, 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
Who uses deadly force 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 is not engaged in an unlawful activity and who is attacked in another place where he or she 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 or she reasonably believes it is necessary to prevent death or great bodily injury to himself or herself or another person or to prevent the commission of a violent crime.

“Dwelling” means a building or conveyance of any kind, including an attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging there at night.

“Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

“Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property. [S.C. Code Ann. § 16-11-440]

South Carolina: Gun Laws at a Glance


Constitutional Carry	No. South Carolina does not allow constitutional carry.
Open Carry	Yes, based on the Governor’s signing of HB 3094, open carry is legal for residents with a South Carolina Concealed Weapons Permit (CWP) and for non-residents with a license/permit from a state that South Carolina honors. Municipalities may temporarily restrict the otherwise lawful open carry of a firearm on public property when a permit is issued for a public protest, rally, fair, parade, festival, or other organized event by posting signs prohibiting concealable weapons. Open carry is prohibited in city-owned buildings (without written permission from the city manager) during protests, festivals and other events that need a city permit in the city of Columbia. [S.C. Code Ann. § 23-31-210(5)]
Concealed Carry Permit	South Carolina is a shall-issue state.
Minimum Age for Concealed Carry Permit	The minimum to carry concealed in South Carolina is 21.
Concealable Weapons	No. “Concealable weapon” means a firearm having a length of less than 12” in length 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(5)]
Taser/Stun Gun	Yes. Stun guns and Tasers are legal to purchase and possess without a permit.
Chemical Spray/Pepper Spray	Yes, it is lawful to possess a container not exceeding 50cc of tear gas for self-defense purposes only. [S.C. Code Ann. § 16-23-470]
Magazine Capacity Restrictions for Handguns	No. South Carolina does not regulate magazine capacity for handguns.
Ammunition Restrictions	Yes. The possession and sale of teflon-coated ammunition is prohibited. [S.C. Code Ann. § 16-23-520]

South Carolina: Carry Locations


Carrying a Concealed Handgun in a Vehicle	Yes, as of August 15, 2021, concealed or open carry is allowed with a South Carolina Concealed Weapons Permit or a license/permit from a state that South Carolina honors. In addition, permit holders may transport their firearm under a seat in a vehicle, or in any open or closed storage compartment within the vehicle’s passenger compartment. Without a permit the firearm must be 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. [S.C. Code Ann. § 16-23-20]
Carrying a Concealed Firearm at Roadside Rest Areas	Yes, with a South Carolina Concealed Weapons Permit or a license/permit from a state that South Carolina honors [S.C. Code Ann. § 16-23-420(f)]
Carrying a Concealed Firearm in State/National Parks, State/National Forests, and Wildlife Management Areas	Yes, with a South Carolina Concealed Weapons Permit or a license/permit from a state that South Carolina honors. See the National Parks webpage for links to each Park in South Carolina. [S.C. Code Ann. § 51-3-145(G) and S.C. DNR Public Lands Regulations § 123-203(B)]
Carrying a Concealed Firearm in Bars and Restaurants that Serve Alcohol	Yes, with a South Carolina Concealed Weapons Permit or a license/permit from a state that South Carolina honors, unless posted and provided you do not consume any alcohol. [S.C. Code Ann. §16-23-465]
Storing Firearms in Private Vehicles in an Employee Parking Lot	A public or private employer may post signage prohibiting concealed and/or openly carried firearms on the premises of the business or work place. They may also prohibit firearms while using any machinery, vehicle, or equipment owned or operated by the business. [S.C. Code Ann. § 23-31-220]
Carrying or Possessing a Firearm on Hotel Property	An innkeeper may refuse or deny any accommodations, facilities, or privileges of a lodging establishment to a person whom the innkeeper reasonably believes is bringing in property which may be dangerous to other persons including, but not limited to, firearms or explosives. The innkeeper may also eject a person from the lodging establishment premises for that reason. The individual hotel should be contacted to inquire about its concealed carry policy. See the Handguns at Hotels page for additional information. [S.C. Code Ann. §§ 45-2-30(A)(1)(4) and 45-2-60)]

South Carolina: Key State Laws


Do you have a duty to inform a police officer that you’re carrying a concealed firearm in South Carolina?	Yes. You have a duty to inform a law enforcement officer that you’re carrying a concealed firearm in South Carolina. [S.C. Code Ann. § 23-31-215(K)]
Is my South Carolina driver’s license linked to my South Carolina CCW license?	No.
Does South Carolina have preemption laws related to concealed carry (i.e. Does state law supersede local laws regarding the possession of handguns)?	The state has preemption of firearms laws in South Carolina, except municipalities may regulate the careless or negligent discharge of firearms and may temporarily restrict the otherwise lawful open carry of a firearm on public property when a permit is issued for a public protest, rally, fair, parade, festival, or other organized event by posting signs prohibiting concealable weapons. A governing body putting a restriction on open carry needs to give a specific area, duration, and manner for the restriction and provide prior notice of the restriction. The restriction may also not be extended past the start and end of the event, and an event can’t be scheduled for a length of time to abuse this part of the law. [S.C. Code Ann. § 23-31-510 and S.C. Code Ann. § 23-31-520]
Does South Carolina have a red flag law?	No. South Carolina does not have a red flag law. Although the state has preemption, the City of Columbia passed an ERPO ordinance in September 2019. [Columbia Ord. No. 2019-056]
Does South Carolina state law define brandishing?	No definition of brandishing was found in South Carolina law. 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 § 16-23-410]
Does South Carolina have laws regarding carrying a concealed firearm while using alcohol or controlled substances?	Not while consuming or under the influence of alcohol or a controlled substance. [S.C Code Ann. § 23-31-400] [S.C. Code Ann. § 16-23-465]As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Does South Carolina issue concealed carry permits to non-residents?	Yes, to non-residents who own property in the state and military personnel stationed in South Carolina.
Does South Carolina allow the public to access concealed carry registry information through public records law?	South Carolina makes the information available for law enforcement. In addition, the South Carolina Law Enforcement Division (SLED) must publish a report annually during the first quarter which includes detailed information regarding individuals who have had their permit revoked and the reason for the revocation.
If yes, violating the sign would be considered to be a crime. If no, violating the sign would not be considered a criminal offense.	Yes. All signs must be posted at each entrance into a building where a concealable weapon permit holder is prohibited from carrying a concealable weapon, whether openly or concealed and must read, ‘NO CONCEALABLE WEAPONS ALLOWED’. [S.C. Code Ann. § 23-31-235 and, as of 8/16/2021, § 23-31-220]

South Carolina: Handgun Purchase and Possession


Does my current South Carolina concealed carry permit exempt me from needing a background check when I purchase a firearm?	Yes. [source]
Is there a waiting period after purchasing a handgun in South Carolina?	No. There is no waiting period required when buying a handgun in South Carolina. [source]
Do handguns need to be registered in South Carolina?	No. Handgun registration is not required in South Carolina. [source]
What is the minimum age to possess and transport a handgun in South Carolina?	You must be at least 18 years old to possess or transport a handgun in South Carolina. [S.C. Code Ann. § 16-23-30]
Can I possess/carry a handgun in my home without a permit?	Yes. A permit is not required for anyone legally entitled to carry a firearm in the person’s home, real property or fixed place of business. [S.C. Code Ann. §§ 16-23-20(8) and (13)]
Is a permit required to purchase a handgun in South Carolina?	No. You are not required to obtain a permit before purchasing a handgun in South Carolina. [source]
Are background checks required for private gun sales in South Carolina?	No. Private firearms transfers are not subject to a background check requirement, although federal and state purchaser prohibitions, including age restrictions, still apply. It is recommended that you retain any sales receipts to prove ownership of the gun. [source]