Constitutional Carry - SC’s New Gun Law
The Senate has passed H.3594, the Constitutional Carry/Second Amendment Preservation Act.
It is essential to know how your rights as a gun owner have changed. You’ve likely heard that you don’t need a CWP (Concealed Weapons Permit) to carry concealed or open in South Carolina. And that’s correct. However, there are still restrictions on carrying a weapon in specific locations. Don’t mess this part up.
South Carolina’s Law Enforcement Division (SLED) has released guidance on the new law that everyone should read. I’ll link that document HERE.
Here are a few important highlights:
- This law is in effect immediately.
- It allows individuals aged 18 and older to carry firearms openly or concealed without a permit.
- There are no restrictions on guns inside vehicles. Guns can be stored anywhere inside the vehicle, openly or concealed.
- Possession of a firearm alone is NOT a reason to stop an individual. To make a stop, there must be reasonable and articulable suspicion that a crime has occurred. Law enforcement officers cannot conduct a stop solely because a firearm is visible.
- A CWP holder or a person carrying a firearm without a permit pursuant to this law DOES NOT have a duty to notify a law enforcement officer that they are holding a gun.
- Insofar as there is no longer a CWP requirement, a CWP holder is not required to carry his/her CWP or disclose his/her status as a CWP holder to a law enforcement officer.
- Firearms are still prohibited in many locations, including inside schools, churches (unless express permission is given by the appropriate church official or governing body), law enforcement facilities, including detention and correctional facilities, anywhere medical procedures are performed, courthouses, public buildings, and any place clearly marked with a sign prohibiting the carrying of a firearm.
- Individuals aged 18 and older are now eligible to apply for a CWP.
Firearms in Vehicles
If you are allowed to carry a firearm (i.e. you are not a felon or under some other restriction under law) you may now store a firearm anywhere in a vehicle, whether occupied or unoccupied. This is a considerable change.
However, there is also a new requirement to report a lost or stolen firearm if you lose a gun or it is stolen. You have only ten days to report the loss or theft to the appropriate local law enforcement agency.
If you have any other questions, my door is always open. Call (843) 800-2020, and I’ll be glad to help in any way I can.