On March 7, 2024, Gov. Henry McMaster signed Act 111, the South Carolina Constitutional Carry/Second Amendment Protection Act, into law.
Before the enactment of this law, individuals carrying a concealed firearm on their person or in places other than a glove box or closed container in their vehicle required that the person be at least 21 years of age, complete a Concealed Weapons Permit course, undergo a background check, and prove competency with their firearms to receive a Concealed Weapons Permit. Act 111 changed that language and allows anyone over the age of 18 who is not otherwise prohibited from possessing a firearm to legally possess a firearm openly or concealed without a CWP.
While the new law is intended to protect South Carolina residents’ rights afforded under the Second Amendment of the U.S. Constitution, the language included in the new law allows for anyone who meets the named inclusions to:
- openly carry a firearm or carry it concealed,
- carry on their person or in their vehicle, and
- do so with or without a permit.
The new law also removed the duty to notify law enforcement that they were armed.
Furthermore, SC Code Section 23-31-245 specifically states that 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.”
With these changes in the law, has there been an impact on South Carolina law enforcement?
It is important to remember that police officers have a duty to respond to calls for service that are generated in their jurisdictions. When a call is received for a “suspicious person carrying a firearm” but statute clearly states that mere possession of a firearm is not justification to detain an individual, what is an officer to do?
Officers must carefully weigh all of the articulable facts of the incident that they are responding to and determine whether or not reasonable, articulable suspicion of a crime exists to justify a detention, even if it is only for a few moments. The U.S. Supreme Court has issued opinions multiple times that have reiterated that a detention is a seizure under the Fourth Amendment, no matter how brief.
Officers responding to these types of incidents must carefully analyze the details and facts of each incident to determine if reasonable suspicion or probable cause exists. In cases where neither of these factors exist, an officer can always attempt to have a consensual encounter and have a discussion with anyone at any time. Officers may also offer help or provide assistance to any member of the public.
However, because this is a consensual encounter, the individual does not have to respond to the officer and does not have to answer questions. They can ignore the officer or even be rude or obnoxious, as the state and federal constitutions guarantee citizens the right to do this.
Scenario-based training for police officers can be beneficial. Training can include scenarios where someone is openly carrying a firearm in a public place, allowing officers to practice assessing the situation, communicating with the individual, determining if there is a threat and making the appropriate decisions.
A simulator training tool is available to all members of the SC Municipal Insurance Trust and SC Municipal Insurance and Risk Financing Fund. To reserve the Ti Simulator, contact Trevor Hall, public safety loss control consultant, at 803.354.4764 or thall@masc.sc.