Constitutional Carry - SC’s New Gun Law
The Senate has passed H.3594, the Constitutional Carry/Second Amendment Preservation Act.
It is important 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 that prohibit you from carrying a weapon in certain places. 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 18 years old and older to carry firearms openly or concealed without a permit.
There are no restrictions of 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 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 carrying a firearm.
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 18 years of age and older will now be 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 huge change.
However there is also a new requirement to report a lost or stolen firearm if you lose a gun or suffered a theft of a gun. 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.