South Carolina Gun Control Laws

The Second Amendment of the U.S. Constitution gives citizens of the United States the right to bear arms.  People can lawfully own a gun for the purpose of self-defense, hunting with a permit, and target practice in designated areas.  In addition to Federal law, Article 1, Section 20 of the South Carolina Constitution states the right to have a militia to maintain freedom, and the individual rights of state residents “shall not be infringed”.  However, based on the status of certain individuals, the right to have a gun is forfeited.

Carrying Guns and Possession Laws: Penalties & Regulations

Along with the privilege of bearing arms, individuals have certain responsibilities and restrictions.  For example, it is illegal to have a firearm in a public location, without a permit.   Naturally, law enforcement is required to be armed.  However, in some cases, a person is never allowed to be in possession of a weapon.  In South Carolina, a drunkard or drug addict may not have a gun, in addition to the felons, persons under the age of 21, members of subversive organizations, and individuals deemed unfit for the responsibility of a weapon.  Illegal possession of a firearm includes:

• Any person in possession of a firearm during the commission of a crime faces an additional five years in prison, on top of the penalty for the illegal act
• A person in possession of a firearm on school property is subject to a maximum $1000 fine and up to 5 years in prison
• Carrying a gun onto the property of another individual, without permission, is strictly prohibited. A fine of no less than $1000, a potential jail sentence of 1 year, and loss of permit for five years

Requirements:

South Carolina Gun Purchasing Laws

In South Carolina, individuals must provide proof of state citizenship, before purchasing a gun.  A valid driver’s license, or other form of legal identification, is required to buy a handgun.  A resident of the state may purchase a shotgun or rifle in an adjacent state, as long as all of the applicable laws of both states are met. 

Penalties & Regulations for Illegal Purchases

Under no circumstances can felons, members of certain organizations, persons under 21, or individuals determined to be unfit buy a gun. Individuals illegally selling or purchasing guns in the state of South Carolina will be charged with a felony or misdemeanor, be subject to fines and jail time, and have the weapon confiscated.

• Selling a gun to an individual not permitted to own a weapon is punishable by up to a $2000 fine, five years of incarceration, or both
• No person shall sell or purchase a gun that is stolen.  The original serial number must remain intact
• The person that illegally purchases a gun may receive a $1000 fine, up to a year in prison, or both
• The gun will be confiscated by law enforcement

Requirements:

Firing Handguns and Self Defense

State and Federal laws permit residents to protect their families and properties, by means of lethal force if necessary. South Carolina law has a “stand your ground” philosophy.   However, certain circumstances prohibit the possession of a firearm, unless the carrier is a law enforcement officer, or has another occupation that requires a gun.  For example, it is unlawful to:

• A loaded gun trap in any place
• Discharge a weapon while under the influence of drugs or alcohol
• Possess a weapon on school property, without a special permit
• Own a machine gun or sawed off weapon

Legal Help

When facing gun charges, representation by legal counsel is absolutely necessary. Many charges are governed by both state and Federal gun laws.  Whether accidentally or purposefully disobeying gun laws, the penalties often result in prison time, as well as monetary penalties.  While some illegal acts are misdemeanors, others are felonies. Legal help is necessary when facing:

• Illegal purchase of a firearm
• Illegal possession of a firearm
• Unlawful discharge of a firearm
• Commission of a crime, while in possession of a weapon