In March, the South Carolina House and Senate passed a conference committee report on H3594, the permitless firearm carry legislation, which took effect upon the signature of the governor on March 7.
Here are key points of the new law:
Who can carry firearms
The new state law allows anyone 18 years or older to carry a firearm in public without a concealed weapons permit, training or background check.
Locations where gun owners cannot carry guns
The law names numerous locations where gun owners cannot carry their guns:
- A courthouse, courtroom or other publicly owned building, whether owned by the state, a county, a municipality, or other political subdivision, where court is held and during the time that court is in session
- Polling places on election days
- At an office of or business meeting of the governing body of a county, public school district, municipality, or special purpose district
- A school or college athletic event not related to firearms
- A daycare facility or preschool facility
- Any place where the carrying of firearms is prohibited by federal law
- Any church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body
- A hospital, medical clinic, doctor's office, or any other facility where medical services or procedures are performed, unless expressly authorized by the appropriate entity
- A 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
- A place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises in compliance with SC Code Section 23-31-235
The law also preserves current signage requirements in SC Code Section 23-31-235 to alert carriers they may not carry at any of the premises listed.
Carrying in establishments that serve alcohol
The law prohibits carriers from knowingly carrying firearms into an establishment that sells alcohol when they will be drinking. If they are not drinking, they may carry firearms into the establishment.
Reporting firearm thefts
The law requires gun owners who have a weapon stolen to report the theft to law enforcement within 30 days of discovering it.
Convicted felons prohibited from carrying
The law prohibits convicted felons from possessing firearms, and establishes penalties of up to 30 years of imprisonment for doing so.
Police cannot use carrying as a reason to stop someone
Merely carrying a weapon may not be used as cause by law enforcement to search, detain or arrest someone under the law.
Prior weapon possession convictions can be expunged
Anyone convicted of unlawful possession prior to enactment of H3594 may apply for expungement.
Concealed weapon permit classes available for free
The law requires the SC Law Enforcement Division to contract with concealed weapon permit instructors to provide CWP training twice each month in each county at no charge to trainees. It specifies that anyone who does not have a CWP and is convicted of a crime involving a gun can face up to three additional years in prison. Anyone who has a CWP and is convicted of a crime involving a gun is not subject to this additional three years in prison.
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