Mark isn't winning, Bruen is winning, he's just the vessel to deliver it. MSI didn't win anything worth much more than a bucket of spit pre Bruen.
SC on the verge of Constitutional Carry
- Thread starter Jake4U
- Start date
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Is this going to be signed today?
Or are the rights trainers still under stress and preoccupied with having a better marksman populace approved by the same faction?
Or are the rights trainers still under stress and preoccupied with having a better marksman populace approved by the same faction?
Hopefully it gets signed.
Gun Control is about hitting your target, as is often been expressed by many persons comprising the populace.
Freedom to bear arms based on founding documents is an entirely separate matter granted to us by the almighty.
Sometimes freedom is an ugly proposition to some, but a necessary truth that needs to be administered individually from above, not collectively if you ask me.
Headed to Governor McMaster's desk.
I think it's interesting to point out section 27 of the bill:
So, SC goes CC upon the Governor's signature. That would make them number 28 and Louisiana number 29 as their law doesn't take effect until July 4th. Is that correct?
I think it's interesting to point out section 27 of the bill:
So, SC goes CC upon the Governor's signature. That would make them number 28 and Louisiana number 29 as their law doesn't take effect until July 4th. Is that correct?
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Aaaaaannnnd-- It's done...
https://www.foxnews.com/politics/south-carolina-becomes-29th-state-nation-constitutional-carry-law
https://www.foxnews.com/politics/south-carolina-becomes-29th-state-nation-constitutional-carry-law
gamer_jim
Podcaster
Is this permit-less carry for non-residents?
Nothing in the bill specifies "residents".
It says "a person", so both residents and nonresidents are good.
It's will be nice not to have to put my gun in the glove box on my way to FL anymore.
It showed up on my reciprocity charts asIt's will be nice not to have to put my gun in the glove box on my way to FL anymore.
With my MD + UT.
gamer_jim
Podcaster
My brother in-law lives in SC and we visit him a couple times a year. This would be good but he lives on base so I still couldn't take my firearm with me there.
29 out of 50
We still have a ways to go
www.thecentersquare.com
We still have a ways to go
South Carolina governor signs 'constitutional carry' measure
(The Center Square) — South Carolina Gov. Henry McMaster has signed a Constitutional Carry measure, making the Palmetto State the 29th state in the nation with a law allowing residents
This article says the new act covers both open and concealed carry and it's verified by the bill's lead sponsor Rep. Bobby Cox, R-Greenville. One of the other sponsor's SC House office contacts also confirmed it.
https://www.greenvilleonline.com/st...arolina-after-governor-signature/72881936007/
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Do “no weapons” signs in SC have the weight of law?
I wondered the same thing.
What new gun law means: South Carolina's Constitutional carry gun law specifics
“It gives law-abiding citizens the right to carry a gun with or without permit," Republican Sen. Rex Rice said.
www.wyff4.com
Places where guns are not allowed
- Any private business with clearly marked signs prohibiting gun owners from entering, which was also a provision of the 2021 bill.
- Churches, private businesses and homes, with the permission of the owner or pastor.
- Offices or meeting places of governing bodies, like city, county, or town councils, public school districts, and special purpose districts
- State facilities and State House grounds
- Federal facilities
- Polling places on election days
- Active courtrooms
- Medical facilities, including hospitals, medical clinics, doctor's offices
- Day care or preschool facilities
- School or college athletic event not related to firearms
- Police stations, including jails and prisons
Concealed weapon permits
SECTION 3. Section 16‑23‑20 of the S.C. Code is amended to read:
Section 16‑23‑20. (A) It is unlawful, whether or not the person has a concealed weapon permit, for anyone to carry about the person any handgun, whether concealed or not, unless otherwise specifically authorized by law into a:
(1) law enforcement, correctional, or detention facility;
(2) 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;
(3) polling place on election days;
(4) office of or business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(5) school or college athletic event not related to firearms;
(6) daycare facility or preschool facility;
(7) place where the carrying of firearms is prohibited by federal law;
(8) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;
(9) hospital, medical clinic, doctor’s office, or any other facility where medical services or procedures are performed, unless expressly authorized by the appropriate entity;
(10) 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
(11) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises in compliance with Section 23-31-235. A person who violates a provision of this item, whether the violation is wilful or not, only may be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this subsection.
(B) The provisions of subsection (A) do not apply to:
(1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor’s constables, law enforcement officers or other authorized personnel of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers;
(2) employees of a law enforcement facility, correctional facility, detention facility, or courthouse while in the course of employment and where the employment requires the possession of a firearm;
(3) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;
(4) subject to the limitations of Section 23‑31‑600(D), persons who meet the definition of “qualified retired law enforcement officer” contained in Section 23‑31‑600; or
(5) a person carrying as authorized by Section 23‑31‑240.
(C) Nothing contained in this section may be construed to alter or affect the provisions of Sections 10‑11‑320, 16‑23‑30, 16‑23‑420, 16‑23‑430, 16‑23‑465, 44‑23‑1080, 44‑52‑165, and 51‑3‑145, or the ability for a person to obtain a concealed weapon permit as provided for in Section 23‑31‑215.
(D) Notwithstanding any provision in this section, a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied.
Penalties
SECTION 4. Section 16‑23‑50(A)(2) of the S.C. Code is amended to read:
(2) A person violating the provisions of Section 16‑23‑20 is guilty of:
(1) a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, for a first offense;
(2) a misdemeanor and, upon conviction, must be imprisoned not more than three years for a second offense; or
(3) a felony and, upon conviction, must be imprisoned not more than five years for a third or subsequent offense.
Handguns
SECTION 5. Section 16‑23‑55(C) and (D) of the S.C. Code is amended to read:
(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the handgun, the agency shall return the handgun to this person if the individual pays all advertising and other costs incidental to returning the handgun.
(D) Notwithstanding subsection (C), the agency shall not return a handgun to the individual who found and turned it in if that individual is prohibited under state or federal law from possessing or receiving a handgun. The agency may dispose of any handgun that is not reclaimed or returned under this section by sale in accordance with Sections 27‑21‑20 and 27‑21‑22.
Firearms
SECTION 6. Section 16‑23‑420 of the S.C. Code is amended to read:
Section 16‑23‑420. (A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post‑secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post‑secondary institution, do not apply to when the firearm remains inside an attended or locked motor vehicle and is 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 of the vehicle.
(B) It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a firearm in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.
(E) For purposes of this section, the terms “premises” and “property” do not include state or locally owned or maintained roads, streets, or rights‑of‑way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post‑secondary institution, which are open full time to public vehicular traffic.
(F) This section does not apply to a person when upon any premises, property, or building that is part of an interstate highway rest area facility.
Weapons
SECTION 7. Section 16‑23‑430 of the S.C. Code is amended to read:
Section 16‑23‑430. (A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.
(B) This section does not apply when the weapon remains inside an attended or locked motor vehicle and is 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 of the vehicle.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest.
Firearms
SECTION 8. Section 16‑23‑465 of the S.C. Code is amended to read:
Section 16‑23‑465. (A) In addition to the penalties provided for by Sections 16‑11‑330, 16‑11‑620, 23‑31‑220, and Article 1, Chapter 23, Title 16, a person convicted of knowingly carrying a firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor, and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than two years, or both.
In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23 must have his concealed weapon permit revoked for a period of five years.
(B)(1) This section does not apply to a person otherwise lawfully carrying a firearm who does not consume alcoholic liquor, beer, or wine while carrying the concealable weapon on the business’ premises. A person who violates this item may be charged with a violation of subsection (A).
(2) A property owner, holder of a lease interest, or operator of a business may prohibit the carrying of concealable weapons into the business by posting a “NO CONCEALABLE WEAPONS ALLOWED” sign in compliance with Section 23‑31‑235. A person who carries a concealable weapon into a business with a sign posted in compliance with Section 23‑31‑235 may be charged with a violation of subsection (A).
(3) A property owner, holder of a lease interest, or operator of a business may request that a person carrying a concealable weapon leave the business’ premises, or any portion of the premises, or request that a person carrying a concealable weapon remove the concealable weapon from the business’ premises, or any portion of the premises. A person carrying a concealable weapon who refuses to leave a business’ premises or portion of the premises when requested or refuses to remove the concealable weapon from a business’ premises or portion of the premises when requested may be charged with a violation of subsection (A).
Concealed weapon permits
SECTION 9. Section 23-31-215(K), (M), (O), and (U) of the S.C. Code is amended to read:
(K) A permit holder must report the loss or theft of a permit identification card to SLED headquarters within forty-eight hours of the time the permit holder knew or reasonably should have known of the loss or theft. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
An owner or other person who is lawfully in possession of a firearm, rifle, or shotgun in this State who suffers the loss or theft of such weapon shall report, within ten days of discovery, the loss or theft of each weapon to the appropriate local law enforcement agency, whether local police department or county sheriff’s office, which would have appropriate jurisdiction where the weapon is located. In addition, the facts and circumstances of the loss or theft also must be reported to the appropriate law enforcement agency to which the report is made.
(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into any place listed in Section 16-23-20(A) except as permitted by law.
Except as provided in Section 16-23-20(A)(11), a person who wilfully violates a provision of this subsection may be charged with a violation of Section 16-23-20 and in addition to the penalties provided in Section 16-23-20, at the discretion of the court, may have his permit revoked for up to five years.
Nothing contained in this subsection may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, and 51-3-145.
(O)(1) A permit issued pursuant to this article is not required for a person:
(a) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as “pepper gas”; or
(b) carrying a concealable weapon in a manner not prohibited by law.
(2) The availability of a permit to carry a concealable weapon under this section must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one’s person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law.
Handguns
SECTION 10. Section 23‑31‑220 of the S.C. Code is amended to read:
Section 23‑31‑220. (A) Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is otherwise not prohibited by law from possessing a handgun from carrying a concealable weapon, whether concealed or openly carried, upon the premises of the business or workplace or while using any machinery, vehicle, or equipment owned or operated by the business; or
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon, whether concealed or openly carried, upon his premises.
(B) The posting by the employer, owner, or person in legal possession or control of a sign stating “NO CONCEALABLE WEAPONS ALLOWED” shall constitute notice to a person that the employer, owner, or person in legal possession or control requests that concealable weapons, whether concealed or openly carried, not be brought upon the premises or into the workplace. A person who knowingly brings a concealable weapon, whether concealed or openly carried, onto the premises or workplace in violation of the provisions of this paragraph may be charged with a violation of Section 16‑11‑620. In addition to the penalties provided in Section 16‑11‑620, a person convicted of a second or subsequent violation of the provisions of this subsection must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16‑23‑20(B)(1).
(C) In addition to the provisions of subsection (B), a public or private employer or the owner of a business may post a sign regarding the prohibition or allowance on those premises of concealable weapons, whether concealed or openly carried, which may be unique to that business.
(D) This section must not be construed to limit an individual from carrying a concealable weapon pursuant to Section 51‑3‑145(G).
Concealable weapons
SECTION 11. Section 23‑31‑232(A) of the S.C. Code is amended to read:
(A) Notwithstanding any other provision of law, upon express permission given by the appropriate church official or governing body, any person may carry a concealable weapon, whether concealed or openly carried, on the leased premises of an elementary or secondary school if a church leases the school premises or areas within the school for church services or official church activities.
(1) The provisions contained in this section apply:
(a) only during those times that the church has the use and enjoyment of the school property pursuant to its lease with the school; and
(b) only to the areas of the school within the lease agreement, any related parking areas, or any reasonable ingress or egress between these areas.
(2) A school district may request that a church utilizing school property for its services disclose and notify the school district if persons are, or may be, carrying concealed weapons on the school property.
(3) The provisions of this section do not apply during any time students are present as a result of a curricular or extracurricular school‑sponsored activity that is taking place on the school property.
Signs
SECTION 12. Section 23‑31‑235(B) of the S.C. Code is amended to read:
(B) All signs must be posted at each entrance into a building where carrying of a concealable weapon is prohibited and must be:
(1) clearly visible from outside the building;
(2) eight inches wide by twelve inches tall in size;
(3) contain the words “NO CONCEALABLE WEAPONS ALLOWED” in black one‑inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;
(4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty‑five‑degree angle from the horizontal;
(5) a diameter of a circle; and
(6) placed not less than forty inches and not more than sixty inches from the bottom of the building’s entrance door.
Concealed weapons
SECTION 13. Section 23‑31‑600(D) of the S.C. Code is amended to read:
(D) The restrictions contained in Section 23‑31‑220 are applicable to a person carrying a concealed weapon pursuant to this section. Carrying a concealed weapon into the residence or dwelling place of another person is prohibited without the expressed permission of the owner or person in legal control or possession of the premises, as appropriate.
Concealable weapons
SECTION 14. Section 51-3-145(G) of the S.C. Code is amended to read:
(G) Possessing any firearm, airgun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. This subsection shall not apply to a person in possession or carrying a concealable weapon, as defined in Section 23-31-210(5).
Repeal
SECTION 15. Sections 16‑23‑460, 23‑31‑225, and 23‑31‑230 of the S.C. Code are repealed.
Penalties
SECTION 16. Section 16-23-500 of the S.C. Code is amended to read:
Section 16-23-500. (A) Except as provided in subsection (F), it is unlawful for a person who has been convicted of a crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition within this State.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction:
(1) for a first offense, must be imprisoned not more than five years;
(2) for a second offense, must be imprisoned for a mandatory minimum of five years, but not more than twenty years; and
(3) for a third or subsequent offense, must be imprisoned for a mandatory minimum of ten years, but not more than thirty years.
(C)(1) In addition to the penalty provided in this section, the firearm or ammunition involved in the violation of this section must be confiscated. The firearm or ammunition must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated firearm or ammunition may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell firearms or ammunition in this State for a firearm, ammunition, or any other equipment approved by the agency, or destroy it. A firearm or ammunition must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the firearm or ammunition, the division may keep the firearm or ammunition for use by its forensic laboratory. Records must be kept of all confiscated firearms or ammunition received by the law enforcement agencies under the provisions of this section.
(2) A law enforcement agency that receives a firearm or ammunition pursuant to this section shall administratively release the firearm or ammunition to an innocent owner. The firearm or ammunition must not be released to the innocent owner until the results of any legal proceedings in which the firearm or ammunition may be involved are finally determined. Before the firearm or ammunition may be released, the innocent owner shall provide the law enforcement agency with proof of ownership and shall certify that the innocent owner will not release the firearm or ammunition to the person who has been charged with a violation of this section which resulted in the confiscation of the firearm or ammunition. The law enforcement agency shall notify the innocent owner when the firearm or ammunition is available for release. If the innocent owner fails to recover the firearm or ammunition within thirty days after notification of the release, the law enforcement agency may maintain or dispose of the firearm or ammunition as otherwise provided in this section.
(D) The court with jurisdiction over an offense, punishable by imprisonment for more than one year, as provided in subsection (A), shall make a specific finding on the record that the offense is subject to the provisions of this section. A judge’s failure to make a specific finding on the record does not bar or otherwise affect prosecution pursuant to this subsection and does not constitute a defense to prosecution pursuant to this subsection.
(E) A second or subsequent offense for the purpose of this section means any conviction pursuant to Section 16-23-500(A).
(F) For the purpose of this section, “crime punishable by a maximum term of imprisonment of more than one year” does not include:
(1) any offense in this State or another jurisdiction pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices;
(2) any offense classified by the laws of this State or another jurisdiction as a misdemeanor and punishable by a term of imprisonment of five years or less; or
(3) any crime for which the conviction has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Expungement
SECTION 17. Section 22-5-910 of the S.C. Code is amended to read:
Section 22-5-910. (A) Following a conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both, or a first offense for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. However, this section does not apply to an offense involving the operation of a motor vehicle.
(B) Following a conviction for domestic violence in the third degree pursuant to Section 16‑25‑20(D), or Section 16-25-20(B)(1) as it existed before June 4, 2015, the defendant after five years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant.
(C) If the defendant has had no other conviction, including out-of-state convictions, during the three-year period as provided in subsection (A), or during the five-year period as provided in subsection (B), the circuit court may issue an order expunging the records including any associated bench warrant.
(D) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
(E) As used in this section, “conviction” includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. For the purpose of this section, any number of offenses listed pursuant to subsection (A), for which the individual received sentences at a single sentencing proceeding that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes.
(F) No person may have the person’s record expunged under this section if the person has pending criminal charges of any kind unless the charges have been pending for more than five years; however, this five-year time period is tolled for any time the defendant has been under a bench warrant for failure to appear. No person may have the person’s records expunged under this section more than once. A person may have the person’s record expunged even though the conviction occurred before the effective date of this section.
Concealable weapons
SECTION 18. Section 23-31-240 of the S.C. Code is amended to read:
Section 23-31-240. (A) Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State:
(1) active Supreme Court justices;
(2) active judges of the court of appeals;
(3) active circuit court judges;
(4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges;
(7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges;
(11) active solicitors and assistant solicitors;
(12) active workers’ compensation commissioners;
(13) the Attorney General and assistant attorneys general;
(14) active county clerks of court; and
(15) active public defenders and assistant public defenders.
(B) Notwithstanding the provisions of subsection (A), public defenders and assistant public defenders may not carry a concealable weapon into a local or state correctional facility.
Openly carrying a weapon
SECTION 19. Article 4, Chapter 31, Title 23 of the S.C. Code is amended by adding:
Section 23-31-245. 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. This article does not prevent a law enforcement officer from searching, detaining, or arresting a person when he has a particularized and objective basis for suspecting the particular person stopped of criminal activity. A person merely carrying a weapon in accordance with this article is not sufficient to justify a search, detention, or arrest.
Expungement
SECTION 20. Chapter 1, Title 17 of the S.C. Code is amended by adding:
Section 17-1-65. A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section.
Permit training course
SECTION 21. Section 23-31-215 of the S.C. Code is amended by adding:
(V)(1) The State Law Enforcement Division shall provide a statewide concealed weapon permit training course that satisfies the proof of training requirement for the issuance of a concealed weapon permit. SLED may not charge participants a fee of any kind for the concealed weapon permit training course provided for in this subsection. SLED may contract with private certified concealed weapon permit training class instructors or local law enforcement to provide the course or SLED itself may provide the course.
(2) The training course must be offered in every county in South Carolina at least twice per month. If demand exceeds the capacity of the training course in any county, SLED shall provide additional classes until there exists a sufficient number of classes offered at least twice a month to meet the demand for training in each respective county. If SLED is unable to contract with a certified concealed weapon permit training class instructor or local law enforcement in any county, SLED must conduct the training class for that county.
(3) This program does not prohibit any certified concealed weapon permit training class instructors from providing their own training classes and charging participants a fee.
Concealable weapon offense
SECTION 22. Chapter 23, Title 16 of the S.C. Code is amended by adding:
Section 16-23-495. (A) A person convicted of committing or attempting to commit a crime involving a concealable weapon, as defined by Section 23-31-210(5), in violation of an offense listed in Chapter 23, Title 16, or a violation of Section 10-11-320, must be imprisoned not to exceed three years. A term of imprisonment imposed for violating this section must be served consecutively to any term of imprisonment imposed for the underlying offense, and may not exceed the actual sentence imposed for the underlying offense.
(B) This section does not apply to a person with a valid permit to carry a concealable weapon issued pursuant to Article 4, Chapter 31, Title 23, provided that the permit was valid at the time the crime was committed.
(C) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a concealable weapon without a valid concealed weapon permit during the commission of the crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of the underlying crime.
(D) The State Law Enforcement Division shall develop a document and distribute it to retailers that are federally licensed to engage in the business of dealing in or selling firearms in South Carolina. Such retailers shall provide the document to gun purchasers in South Carolina to inform them that South Carolina law provides a process for gun owners to obtain a concealed weapon permit and allows law-abiding gun owners to carry their weapons without a permit. The document must inform gun purchasers that if a gun owner commits a crime involving a concealable weapon, and the owner does not have a valid concealed weapon permit, then there may be an additional criminal penalty for the underlying offense.
(E) The State Law Enforcement Division must conduct a regular, statewide marketing campaign to inform South Carolinians that South Carolina law provides a process for gun owners to obtain a concealed weapon permit and allows law-abiding gun owners to carry their weapons without a permit. The campaign must inform gun purchasers that if a gun owner commits a crime involving a concealable weapon, and the owner does not have a valid concealed weapon permit, then there may be an additional criminal penalty for the underlying offense.
Concealed weapon permits
SECTION 23. Section 23-31-215(A) of the S.C. Code is amended to read:
(A) Notwithstanding any other provision of law, except subject to subsection (B), SLED must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon to a resident or qualified nonresident who is at least eighteen years of age and who is not prohibited by state law from possessing the weapon upon submission of:
(1) a completed application signed by the person;
(2) a photocopy of a driver’s license or photographic identification card;
(3) proof of residence or if the person is a qualified nonresident, proof of ownership of real property in this State;
(4) proof of actual or corrected vision rated at within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver’s license;
(5) proof of training; and
(6) a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant’s fingerprints may not be taken. If all other qualifications are met, the Chief of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
Gun ownership
SECTION 24. No provision in this act should be construed as the General Assembly discouraging responsible gun ownership; and the General Assembly, in fact, encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon.
Savings
SECTION 25. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Severability
SECTION 26. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 27. This act takes effect upon approval by the Governor.
Ratified the 7th day of March, 2024.
SECTION 3. Section 16‑23‑20 of the S.C. Code is amended to read:
Section 16‑23‑20. (A) It is unlawful, whether or not the person has a concealed weapon permit, for anyone to carry about the person any handgun, whether concealed or not, unless otherwise specifically authorized by law into a:
(1) law enforcement, correctional, or detention facility;
(2) 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;
(3) polling place on election days;
(4) office of or business meeting of the governing body of a county, public school district, municipality, or special purpose district;
(5) school or college athletic event not related to firearms;
(6) daycare facility or preschool facility;
(7) place where the carrying of firearms is prohibited by federal law;
(8) church or other established religious sanctuary unless express permission is given by the appropriate church official or governing body;
(9) hospital, medical clinic, doctor’s office, or any other facility where medical services or procedures are performed, unless expressly authorized by the appropriate entity;
(10) 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
(11) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the premises in compliance with Section 23-31-235. A person who violates a provision of this item, whether the violation is wilful or not, only may be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this subsection.
(B) The provisions of subsection (A) do not apply to:
(1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor’s constables, law enforcement officers or other authorized personnel of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers;
(2) employees of a law enforcement facility, correctional facility, detention facility, or courthouse while in the course of employment and where the employment requires the possession of a firearm;
(3) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty;
(4) subject to the limitations of Section 23‑31‑600(D), persons who meet the definition of “qualified retired law enforcement officer” contained in Section 23‑31‑600; or
(5) a person carrying as authorized by Section 23‑31‑240.
(C) Nothing contained in this section may be construed to alter or affect the provisions of Sections 10‑11‑320, 16‑23‑30, 16‑23‑420, 16‑23‑430, 16‑23‑465, 44‑23‑1080, 44‑52‑165, and 51‑3‑145, or the ability for a person to obtain a concealed weapon permit as provided for in Section 23‑31‑215.
(D) Notwithstanding any provision in this section, a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied.
Penalties
SECTION 4. Section 16‑23‑50(A)(2) of the S.C. Code is amended to read:
(2) A person violating the provisions of Section 16‑23‑20 is guilty of:
(1) a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both, for a first offense;
(2) a misdemeanor and, upon conviction, must be imprisoned not more than three years for a second offense; or
(3) a felony and, upon conviction, must be imprisoned not more than five years for a third or subsequent offense.
Handguns
SECTION 5. Section 16‑23‑55(C) and (D) of the S.C. Code is amended to read:
(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the handgun, the agency shall return the handgun to this person if the individual pays all advertising and other costs incidental to returning the handgun.
(D) Notwithstanding subsection (C), the agency shall not return a handgun to the individual who found and turned it in if that individual is prohibited under state or federal law from possessing or receiving a handgun. The agency may dispose of any handgun that is not reclaimed or returned under this section by sale in accordance with Sections 27‑21‑20 and 27‑21‑22.
Firearms
SECTION 6. Section 16‑23‑420 of the S.C. Code is amended to read:
Section 16‑23‑420. (A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post‑secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post‑secondary institution, do not apply to when the firearm remains inside an attended or locked motor vehicle and is 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 of the vehicle.
(B) It is unlawful for a person to enter the premises or property described in subsection (A) and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of the armed forces, or student of military science. A married student residing in an apartment provided by the private or public school whose presence with a firearm in or around a particular building is authorized by persons legally responsible for the security of the buildings is also exempted from the provisions of this section.
(E) For purposes of this section, the terms “premises” and “property” do not include state or locally owned or maintained roads, streets, or rights‑of‑way of them, running through or adjacent to premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post‑secondary institution, which are open full time to public vehicular traffic.
(F) This section does not apply to a person when upon any premises, property, or building that is part of an interstate highway rest area facility.
Weapons
SECTION 7. Section 16‑23‑430 of the S.C. Code is amended to read:
Section 16‑23‑430. (A) It shall be unlawful for any person, except state, county, or municipal law enforcement officers or personnel authorized by school officials, to carry on his person, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other type of weapon, device, or object which may be used to inflict bodily injury or death.
(B) This section does not apply when the weapon remains inside an attended or locked motor vehicle and is 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 of the vehicle.
(C) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any weapon or object used in violation of this section may be confiscated by the law enforcement division making the arrest.
Firearms
SECTION 8. Section 16‑23‑465 of the S.C. Code is amended to read:
Section 16‑23‑465. (A) In addition to the penalties provided for by Sections 16‑11‑330, 16‑11‑620, 23‑31‑220, and Article 1, Chapter 23, Title 16, a person convicted of knowingly carrying a firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor
In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23 must have his concealed weapon permit revoked for a period of five years.
(B)(1) This section does not apply to a person otherwise lawfully carrying a firearm who does not consume alcoholic liquor, beer, or wine while carrying the concealable weapon on the business’ premises. A person who violates this item may be charged with a violation of subsection (A).
(2) A property owner, holder of a lease interest, or operator of a business may prohibit the carrying of concealable weapons into the business by posting a “NO CONCEALABLE WEAPONS ALLOWED” sign in compliance with Section 23‑31‑235. A person who carries a concealable weapon into a business with a sign posted in compliance with Section 23‑31‑235 may be charged with a violation of subsection (A).
(3) A property owner, holder of a lease interest, or operator of a business may request that a person carrying a concealable weapon leave the business’ premises, or any portion of the premises, or request that a person carrying a concealable weapon remove the concealable weapon from the business’ premises, or any portion of the premises. A person carrying a concealable weapon who refuses to leave a business’ premises or portion of the premises when requested or refuses to remove the concealable weapon from a business’ premises or portion of the premises when requested may be charged with a violation of subsection (A).
Concealed weapon permits
SECTION 9. Section 23-31-215(K), (M), (O), and (U) of the S.C. Code is amended to read:
(K) A permit holder must report the loss or theft of a permit identification card to SLED headquarters within forty-eight hours of the time the permit holder knew or reasonably should have known of the loss or theft. A person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars.
An owner or other person who is lawfully in possession of a firearm, rifle, or shotgun in this State who suffers the loss or theft of such weapon shall report, within ten days of discovery, the loss or theft of each weapon to the appropriate local law enforcement agency, whether local police department or county sheriff’s office, which would have appropriate jurisdiction where the weapon is located. In addition, the facts and circumstances of the loss or theft also must be reported to the appropriate law enforcement agency to which the report is made.
(M) A permit issued pursuant to this section does not authorize a permit holder to carry a concealable weapon into any place listed in Section 16-23-20(A) except as permitted by law.
Except as provided in Section 16-23-20(A)(11), a person who wilfully violates a provision of this subsection may be charged with a violation of Section 16-23-20 and in addition to the penalties provided in Section 16-23-20, at the discretion of the court, may have his permit revoked for up to five years.
Nothing contained in this subsection may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, and 51-3-145.
(O)(1) A permit issued pursuant to this article is not required for a person:
(a) carrying a self-defense device generally considered to be nonlethal including the substance commonly referred to as “pepper gas”; or
(b) carrying a concealable weapon in a manner not prohibited by law.
(2) The availability of a permit to carry a concealable weapon under this section must not be construed to prohibit the permitless transport or carrying of a firearm in a vehicle or on or about one’s person, whether openly or concealed, loaded or unloaded, in a manner not prohibited by law.
Handguns
SECTION 10. Section 23‑31‑220 of the S.C. Code is amended to read:
Section 23‑31‑220. (A) Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is otherwise not prohibited by law from possessing a handgun from carrying a concealable weapon, whether concealed or openly carried, upon the premises of the business or workplace or while using any machinery, vehicle, or equipment owned or operated by the business; or
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon, whether concealed or openly carried, upon his premises.
(B) The posting by the employer, owner, or person in legal possession or control of a sign stating “NO CONCEALABLE WEAPONS ALLOWED” shall constitute notice to a person that the employer, owner, or person in legal possession or control requests that concealable weapons, whether concealed or openly carried, not be brought upon the premises or into the workplace. A person who knowingly brings a concealable weapon, whether concealed or openly carried, onto the premises or workplace in violation of the provisions of this paragraph may be charged with a violation of Section 16‑11‑620. In addition to the penalties provided in Section 16‑11‑620, a person convicted of a second or subsequent violation of the provisions of this subsection must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16‑23‑20(B)(1).
(C) In addition to the provisions of subsection (B), a public or private employer or the owner of a business may post a sign regarding the prohibition or allowance on those premises of concealable weapons, whether concealed or openly carried, which may be unique to that business.
(D) This section must not be construed to limit an individual from carrying a concealable weapon pursuant to Section 51‑3‑145(G).
Concealable weapons
SECTION 11. Section 23‑31‑232(A) of the S.C. Code is amended to read:
(A) Notwithstanding any other provision of law, upon express permission given by the appropriate church official or governing body, any person may carry a concealable weapon, whether concealed or openly carried, on the leased premises of an elementary or secondary school if a church leases the school premises or areas within the school for church services or official church activities.
(1) The provisions contained in this section apply:
(a) only during those times that the church has the use and enjoyment of the school property pursuant to its lease with the school; and
(b) only to the areas of the school within the lease agreement, any related parking areas, or any reasonable ingress or egress between these areas.
(2) A school district may request that a church utilizing school property for its services disclose and notify the school district if persons are, or may be, carrying concealed weapons on the school property.
(3) The provisions of this section do not apply during any time students are present as a result of a curricular or extracurricular school‑sponsored activity that is taking place on the school property.
Signs
SECTION 12. Section 23‑31‑235(B) of the S.C. Code is amended to read:
(B) All signs must be posted at each entrance into a building where carrying of a concealable weapon is prohibited and must be:
(1) clearly visible from outside the building;
(2) eight inches wide by twelve inches tall in size;
(3) contain the words “NO CONCEALABLE WEAPONS ALLOWED” in black one‑inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;
(4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty‑five‑degree angle from the horizontal;
(5) a diameter of a circle; and
(6) placed not less than forty inches and not more than sixty inches from the bottom of the building’s entrance door.
Concealed weapons
SECTION 13. Section 23‑31‑600(D) of the S.C. Code is amended to read:
(D) The restrictions contained in Section 23‑31‑220 are applicable to a person carrying a concealed weapon pursuant to this section. Carrying a concealed weapon into the residence or dwelling place of another person is prohibited without the expressed permission of the owner or person in legal control or possession of the premises, as appropriate.
Concealable weapons
SECTION 14. Section 51-3-145(G) of the S.C. Code is amended to read:
(G) Possessing any firearm, airgun, explosive, or firework except by duly authorized park personnel, law enforcement officers, or persons using areas specifically designated by the department for use of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms in their possession during hunting seasons provided that such firearms are unloaded and carried in a case or the trunk of a vehicle except that in designated game management areas where hunting is permitted, licensed hunters may use firearms for hunting in the manner authorized by law. This subsection shall not apply to a person in possession or carrying a concealable weapon, as defined in Section 23-31-210(5).
Repeal
SECTION 15. Sections 16‑23‑460, 23‑31‑225, and 23‑31‑230 of the S.C. Code are repealed.
Penalties
SECTION 16. Section 16-23-500 of the S.C. Code is amended to read:
Section 16-23-500. (A) Except as provided in subsection (F), it is unlawful for a person who has been convicted of a crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition within this State.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction:
(1) for a first offense, must be imprisoned not more than five years;
(2) for a second offense, must be imprisoned for a mandatory minimum of five years, but not more than twenty years; and
(3) for a third or subsequent offense, must be imprisoned for a mandatory minimum of ten years, but not more than thirty years.
(C)(1) In addition to the penalty provided in this section, the firearm or ammunition involved in the violation of this section must be confiscated. The firearm or ammunition must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated firearm or ammunition may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell firearms or ammunition in this State for a firearm, ammunition, or any other equipment approved by the agency, or destroy it. A firearm or ammunition must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the firearm or ammunition, the division may keep the firearm or ammunition for use by its forensic laboratory. Records must be kept of all confiscated firearms or ammunition received by the law enforcement agencies under the provisions of this section.
(2) A law enforcement agency that receives a firearm or ammunition pursuant to this section shall administratively release the firearm or ammunition to an innocent owner. The firearm or ammunition must not be released to the innocent owner until the results of any legal proceedings in which the firearm or ammunition may be involved are finally determined. Before the firearm or ammunition may be released, the innocent owner shall provide the law enforcement agency with proof of ownership and shall certify that the innocent owner will not release the firearm or ammunition to the person who has been charged with a violation of this section which resulted in the confiscation of the firearm or ammunition. The law enforcement agency shall notify the innocent owner when the firearm or ammunition is available for release. If the innocent owner fails to recover the firearm or ammunition within thirty days after notification of the release, the law enforcement agency may maintain or dispose of the firearm or ammunition as otherwise provided in this section.
(D) The court with jurisdiction over an offense, punishable by imprisonment for more than one year, as provided in subsection (A), shall make a specific finding on the record that the offense is subject to the provisions of this section. A judge’s failure to make a specific finding on the record does not bar or otherwise affect prosecution pursuant to this subsection and does not constitute a defense to prosecution pursuant to this subsection.
(E) A second or subsequent offense for the purpose of this section means any conviction pursuant to Section 16-23-500(A).
(F) For the purpose of this section, “crime punishable by a maximum term of imprisonment of more than one year” does not include:
(1) any offense in this State or another jurisdiction pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices;
(2) any offense classified by the laws of this State or another jurisdiction as a misdemeanor and punishable by a term of imprisonment of five years or less; or
(3) any crime for which the conviction has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
Expungement
SECTION 17. Section 22-5-910 of the S.C. Code is amended to read:
Section 22-5-910. (A) Following a conviction for a crime carrying a penalty of not more than thirty days imprisonment or a fine of one thousand dollars, or both, or a first offense for unlawful possession of a firearm or weapon carrying a penalty of not more than one year or a fine of one thousand dollars, or both, the defendant after three years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant. However, this section does not apply to an offense involving the operation of a motor vehicle.
(B) Following a conviction for domestic violence in the third degree pursuant to Section 16‑25‑20(D), or Section 16-25-20(B)(1) as it existed before June 4, 2015, the defendant after five years from the date of the conviction, including a conviction in magistrates or general sessions court, may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction and any associated bench warrant.
(C) If the defendant has had no other conviction, including out-of-state convictions, during the three-year period as provided in subsection (A), or during the five-year period as provided in subsection (B), the circuit court may issue an order expunging the records including any associated bench warrant.
(D) After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release pursuant to Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.
(E) As used in this section, “conviction” includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail. For the purpose of this section, any number of offenses listed pursuant to subsection (A), for which the individual received sentences at a single sentencing proceeding that are closely connected and arose out of the same incident may be considered as one offense and treated as one conviction for expungement purposes.
(F) No person may have the person’s record expunged under this section if the person has pending criminal charges of any kind unless the charges have been pending for more than five years; however, this five-year time period is tolled for any time the defendant has been under a bench warrant for failure to appear. No person may have the person’s records expunged under this section more than once. A person may have the person’s record expunged even though the conviction occurred before the effective date of this section.
Concealable weapons
SECTION 18. Section 23-31-240 of the S.C. Code is amended to read:
Section 23-31-240. (A) Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State:
(1) active Supreme Court justices;
(2) active judges of the court of appeals;
(3) active circuit court judges;
(4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges;
(7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges;
(11) active solicitors and assistant solicitors;
(12) active workers’ compensation commissioners;
(13) the Attorney General and assistant attorneys general;
(14) active county clerks of court; and
(15) active public defenders and assistant public defenders.
(B) Notwithstanding the provisions of subsection (A), public defenders and assistant public defenders may not carry a concealable weapon into a local or state correctional facility.
Openly carrying a weapon
SECTION 19. Article 4, Chapter 31, Title 23 of the S.C. Code is amended by adding:
Section 23-31-245. 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. This article does not prevent a law enforcement officer from searching, detaining, or arresting a person when he has a particularized and objective basis for suspecting the particular person stopped of criminal activity. A person merely carrying a weapon in accordance with this article is not sufficient to justify a search, detention, or arrest.
Expungement
SECTION 20. Chapter 1, Title 17 of the S.C. Code is amended by adding:
Section 17-1-65. A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section.
Permit training course
SECTION 21. Section 23-31-215 of the S.C. Code is amended by adding:
(V)(1) The State Law Enforcement Division shall provide a statewide concealed weapon permit training course that satisfies the proof of training requirement for the issuance of a concealed weapon permit. SLED may not charge participants a fee of any kind for the concealed weapon permit training course provided for in this subsection. SLED may contract with private certified concealed weapon permit training class instructors or local law enforcement to provide the course or SLED itself may provide the course.
(2) The training course must be offered in every county in South Carolina at least twice per month. If demand exceeds the capacity of the training course in any county, SLED shall provide additional classes until there exists a sufficient number of classes offered at least twice a month to meet the demand for training in each respective county. If SLED is unable to contract with a certified concealed weapon permit training class instructor or local law enforcement in any county, SLED must conduct the training class for that county.
(3) This program does not prohibit any certified concealed weapon permit training class instructors from providing their own training classes and charging participants a fee.
Concealable weapon offense
SECTION 22. Chapter 23, Title 16 of the S.C. Code is amended by adding:
Section 16-23-495. (A) A person convicted of committing or attempting to commit a crime involving a concealable weapon, as defined by Section 23-31-210(5), in violation of an offense listed in Chapter 23, Title 16, or a violation of Section 10-11-320, must be imprisoned not to exceed three years. A term of imprisonment imposed for violating this section must be served consecutively to any term of imprisonment imposed for the underlying offense, and may not exceed the actual sentence imposed for the underlying offense.
(B) This section does not apply to a person with a valid permit to carry a concealable weapon issued pursuant to Article 4, Chapter 31, Title 23, provided that the permit was valid at the time the crime was committed.
(C) The additional punishment may not be imposed unless the indictment alleged as a separate count that the person was in possession of a concealable weapon without a valid concealed weapon permit during the commission of the crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of the underlying crime.
(D) The State Law Enforcement Division shall develop a document and distribute it to retailers that are federally licensed to engage in the business of dealing in or selling firearms in South Carolina. Such retailers shall provide the document to gun purchasers in South Carolina to inform them that South Carolina law provides a process for gun owners to obtain a concealed weapon permit and allows law-abiding gun owners to carry their weapons without a permit. The document must inform gun purchasers that if a gun owner commits a crime involving a concealable weapon, and the owner does not have a valid concealed weapon permit, then there may be an additional criminal penalty for the underlying offense.
(E) The State Law Enforcement Division must conduct a regular, statewide marketing campaign to inform South Carolinians that South Carolina law provides a process for gun owners to obtain a concealed weapon permit and allows law-abiding gun owners to carry their weapons without a permit. The campaign must inform gun purchasers that if a gun owner commits a crime involving a concealable weapon, and the owner does not have a valid concealed weapon permit, then there may be an additional criminal penalty for the underlying offense.
Concealed weapon permits
SECTION 23. Section 23-31-215(A) of the S.C. Code is amended to read:
(A) Notwithstanding any other provision of law, except subject to subsection (B), SLED must issue a permit, which is no larger than three and one-half inches by three inches in size, to carry a concealable weapon to a resident or qualified nonresident who is at least eighteen years of age and who is not prohibited by state law from possessing the weapon upon submission of:
(1) a completed application signed by the person;
(2) a photocopy of a driver’s license or photographic identification card;
(3) proof of residence or if the person is a qualified nonresident, proof of ownership of real property in this State;
(4) proof of actual or corrected vision rated at within six months of the date of application or, in the case of a person licensed to operate a motor vehicle in this State, presentation of a valid driver’s license;
(5) proof of training; and
(6) a complete set of fingerprints unless, because of a medical condition verified in writing by a licensed medical doctor, a complete set of fingerprints is impossible to submit. In lieu of the submission of fingerprints, the applicant must submit the written statement from a licensed medical doctor specifying the reason or reasons why the applicant’s fingerprints may not be taken. If all other qualifications are met, the Chief of SLED may waive the fingerprint requirements of this item. The statement of medical limitation must be attached to the copy of the application retained by SLED. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant.
Gun ownership
SECTION 24. No provision in this act should be construed as the General Assembly discouraging responsible gun ownership; and the General Assembly, in fact, encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon.
Savings
SECTION 25. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Severability
SECTION 26. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Time effective
SECTION 27. This act takes effect upon approval by the Governor.
Ratified the 7th day of March, 2024.
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Grand Power Stribog Restocked 9mm & 10mm $689.95 to $1649.00 Shipped- Started by DK Firearms
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