South Carolina Gun Laws (2026): Concealed Carry, Open Carry, Permits, and Where You Can Carry

South Carolina significantly transformed its legal landscape with the passage of the Constitutional Carry/Second Amendment Preservation Act. As of 2026, the state allows adults 18 and older to carry firearms both openly and concealed without a permit. However, while the "permitless" barrier has been removed, the state has simultaneously introduced stricter penalties for carrying in prohibited zones and new reporting requirements for gun owners.

 

Quick Summary

 

 

What Changed Recently (2025–2026)?

• Stolen Firearm Reporting Mandate (2025): Under S.C. Code § 23-31-215, effective December 1, 2025, gun owners are legally required to report a lost or stolen handgun to law enforcement within 10 days of discovery. Failure to report can result in criminal charges.
• Dismissal and Expungement of Prior Charges (2026): Senate Bill 136 (veto overridden Jan 14, 2026) mandates the dismissal of pending charges for "unlawful carry" that occurred prior to the 2024 Constitutional Carry act, provided the individual was otherwise a "law-abiding" citizen.
• Prior convictions for unlawful possession of a firearm may be expunged if an application for expungement is made timely within five years.
• Stand Your Ground Extension (2025): House Bill 3440 clarified that the "no duty to retreat" protections explicitly extend to members and volunteers within churches and places of worship.

Carry Rules

 

Open Carry

Open carry is legal in South Carolina for any person 18 years or older who is not otherwise prohibited by law from possessing a firearm. No permit is required. The firearm must be carried in a way that does not constitute "brandishing" or the intent to threaten the public.

 

Concealed Carry

Any "law-abiding" adult (18+) may carry a handgun concealed on their person without a state-issued permit. The state no longer distinguishes between permit holders and non-permit holders regarding the act of carrying in most public spaces.

 

Why get a permit if it's permitless?

The South Carolina Concealed Weapons Permit (CWP) remains highly recommended for:

1. Reciprocity: It can allow you to carry in states that do not recognize permitless carry but do recognize out-of-state permits from South Carolina.
2. Purchase Benefits: A CWP often speeds up the background check process at licensed dealers.
3. Legal Buffer: Carrying without a permit in a prohibited "sensitive place" often carries steeper penalties than carrying with a permit in the same location (depending on the specific violation).

Permits

 

Resident vs. Non-Resident Eligibility

• Residents: Apply via the South Carolina Law Enforcement Division (SLED).
• Non-Residents: South Carolina issues non-resident permits only to individuals who own real property in the state or to active-duty military personnel stationed in SC.

Training Requirements

 

To obtain a CWP, you must complete the required training course involving instruction and a live-fire qualification. However, under the 2024 Act, SLED now offers free statewide training for residents to encourage safe handling.

 

Cost, Processing, and Renewal

• Fees: $50 for initial application (though some fees were reduced in 2025).
• Processing: SLED has 90 days to issue or deny.
• Renewal: Permits are valid for 5 years.

Where You Can and Can’t Carry

 

Prohibited Places

Even with permitless carry, firearms are strictly prohibited in:

1. law enforcement, correctional, or detention facility;
2. courthouse, courtroom, or other publicly owned building 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. places 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.

Private Property Signage

 

Businesses may prohibit firearms by posting a sign that meets specific legal dimensions (8"x12" with specific "No Concealable Weapons" text). Under S.C. Code § 16-23-420, carrying past a legal sign is a misdemeanor. If a property owner asks you to leave, you must do so immediately or face Trespassing charges.

 

Vehicle Carry Subsection

 

Unlike many states, South Carolina does not restrict the location of a firearm secured within a vehicle. You may carry a handgun in the glove box, console, under the seat, or openly on the dashboard, provided you are 18+ and legally allowed to own the gun.

 

SEE ALSO: CONCEALED CARRY IN VEHICLES: LAWS, SAFETY, AND BEST PRACTICES

 

Buying, Owning, and Transporting Firearms

• Background Checks: All purchases from a licensed dealer require an FBI NICS check.
• Private Sales: Background checks are not required for private sales between individuals, though it is illegal to knowingly sell to a prohibited person.
• Registration: There is no firearm registration in South Carolina.
• Magazine Limits: None.
• Federal Prohibited-Person Summary: Per ATF guidelines, you cannot possess a firearm if you have been convicted of a felony, a domestic violence misdemeanor, or have been adjudicated mentally ill.

Self-Defense Law Basics

 

Stand Your Ground

South Carolina follows a "Stand Your Ground" doctrine (Protection of Persons and Property Act). You have no legal duty to retreat if you are in a place where you have a lawful right to be and are not engaged in illegal activity.

 

Generally speaking, this means that when faced with the threat of death or great bodily harm in a place where you have a legal right to be, you have the right to defend with force proportional to the threat.

 

Castle Doctrine

There is a legal presumption that an occupant has a reasonable fear of imminent peril when using deadly force against an intruder using force to unlawfully enter a residence, occupied vehicle, or place of business.

 

Civil Immunity

If your use of force is found to be justified, you are immune from civil litigation brought by the attacker or their estate.

 

Reciprocity and Travel

• Reciprocity Posture: South Carolina honors valid out-of-state concealed carry permits from Georgia, North Carolina, and for states that require the holder to pass a criminal background check and a safety course.
• Safe Passage: Under 18 U.S.C. § 926A, you may transport firearms through any state if they are unloaded and locked in a container.
• National Parks: Carrying is generally legal in National Parks (e.g., Congaree) but prohibited inside all federal buildings (Visitor Centers).
• Flying: Check TSA baseline rules—guns must be unloaded, locked in a hard-sided case, and declared.

SEE ALSO: FLYING WITH FIREARMS: A COMPLETE GUIDE TO SAFE AND LEGAL AIR TRAVEL WITH GUNS

 

FAQs

 

Can I carry in a bar or restaurant that serves alcohol?

Yes, unless the business is posted. However, it is illegal to consume alcohol while carrying a firearm in such an establishment.

 

Do I have to tell a police officer I am carrying?

No. South Carolina does not have a "Duty to Inform" law.

 

Can I carry on a college campus?

Generally, no. Firearms are prohibited on campus property, though permit holders may keep a firearm locked in their vehicle on campus.

 

What happens if my gun is stolen and I don't report it?

As of late 2025, you can be criminally charged if you do not report the loss/theft to police within 10 days of finding out.

 

Can I open carry a rifle?

While the law focuses on "concealable weapons" (handguns), open carry of long guns is generally legal but may lead to "disturbing the peace" charges or other consequences if done provocatively in dense urban areas.

 

Is there a waiting period to buy a gun?

No. Once the background check clears, you can take the firearm home immediately.