Anaya Nolan
South Carolina has become the 29th state to adopt the Constitutional Carry Law, also known as the South Carolina Constitutional Carry Act of 2023. This law makes it easier for South Carolina residents to carry a gun in the state. It allows people aged 18 and older to carry a firearm without training or having it registered in their name. However, this law has sparked controversy and concern for both public safety and officer safety.
| Characteristics | Values |
|---|---|
| Name of the Act | South Carolina Constitutional Carry Act of 2023 |
| Amendments | Section 10-11-320, Section 16-23-20, Section 16-23-50, Sections 16-23-420 and 16-23-430 of the South Carolina Code of Laws |
| Applicability | Applicable to individuals 18 years or older |
| Training | No training required |
| Registration | No registration required |
| Notification to law enforcement | Not required |
| Locations where firearms are prohibited | Schools, churches, 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 |
| Carrying in vehicles | Allowed, but the firearm must be stored in a place that is not readily accessible |
| Carrying on university property | Not allowed, but can be kept in an attended or locked motor vehicle under certain conditions |
| Carrying at university athletic events | Not allowed |
| Carrying in employer-owned vehicles | Allowed if permitted by the employer |
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What You'll Learn
South Carolina's Constitutional Carry Act of 2023
On March 7, 2024, South Carolina Governor Henry McMaster signed the S.C. Constitutional Carry Act of 2023 into law, making South Carolina the 29th state to adopt a constitutional carry law. The law amends the South Carolina Code of Laws, making it legal for individuals 18 years or older to carry handguns in public without a permit, training, or registration.
Key Provisions of the South Carolina Constitutional Carry Act of 2023:
- Amendments to Section 10-11-320(B): The Act amends this section to allow individuals with a valid concealable weapons permit to possess firearms on Capitol grounds under certain circumstances. The firearm must remain locked in the person's vehicle and stored in a place that is not readily accessible.
- Amendments to Section 16-23-20: It is now lawful for anyone 18 years or older to carry a handgun, whether concealed or not, unless otherwise prohibited by law.
- Amendments to Section 16-23-50: Individuals who enter premises with signs prohibiting firearms while possessing a firearm will be charged with trespassing.
- No Duty to Notify Law Enforcement: Individuals carrying a firearm without a permit are not required to notify law enforcement officers. Possession of a firearm alone is not a reason to stop an individual.
- Firearm Restrictions: Firearms are still prohibited in specific locations, including schools, colleges, universities, churches, law enforcement facilities, medical facilities, courthouses, and public buildings. Additionally, businesses may prohibit the carrying of concealable weapons by posting a "No Concealable Weapons Allowed" sign.
- Increased Penalties: The Act increases penalties for individuals who carry guns into places where they are banned. A person convicted of a second or subsequent violation of carrying a concealable weapon onto prohibited premises must have their permit revoked for a specified period.
- Employer Discretion: Employers can determine whether to allow employees to carry firearms in employer-owned vehicles, machinery, or equipment.
Reactions and Concerns:
The implementation of the South Carolina Constitutional Carry Act of 2023 has sparked mixed reactions among residents and law enforcement officers. Some individuals argue that mandatory education and training should be required for gun carriers to ensure safety and responsible gun ownership. Others express concerns about public safety, officer safety, and the potential for different interactions between people and law enforcement due to the increased availability of firearms.
While the law brings significant changes to individuals in the state, its impact on educational institutions like Clemson University is limited, as previous provisions regarding college campuses and events remain in place.
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No training or registration required
South Carolina has become the 29th state to adopt the Constitutional Carry Law, allowing people aged 18 and older to carry a firearm without training or registration. This means that anyone over the age of 18 can carry a firearm, whether concealed or not, without a permit.
The new law has sparked controversy and concern for public and officer safety. Some people argue that gun ownership and carrying should go hand in hand with mandatory education and training. Beaufort County Sheriff P.J. Tanner expressed concern about 18-year-olds carrying firearms, stating that it is worrying for an untrained 18-year-old to possess a gun. Newberry County Sheriff Lee Foster agreed, emphasizing the importance of citizens understanding the laws and safety protocols surrounding firearms.
The law also raises questions about how law enforcement officers will approach situations differently. Sheriff Foster, who sits on the state's sheriff's association board, expressed concern about the interpretation of the law, allowing students aged 18 and older to have weapons on school campuses, albeit outside of school buildings.
Despite the controversy, the law has been praised by gun rights advocates, with some emphasizing the importance of the Second Amendment and individual freedom. The law also provides free, optional gun training across the state and increases penalties for carrying guns into prohibited places.
While the law significantly changes individual rights in South Carolina, it is important to note that firearms remain prohibited in many locations, including schools, universities, college athletic events, churches, law enforcement facilities, medical facilities, courthouses, and public buildings. Additionally, employers, owners, or persons in legal possession can prohibit concealable weapons on their premises by posting a "No Concealable Weapons Allowed" sign.
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Carrying a firearm in vehicles
South Carolina's Constitutional Carry Act of 2023 allows people aged 18 and older to carry a firearm without training or having it registered in their name. This means that anyone over 18 who is legally able to buy a handgun has the right to carry it in public.
However, there are still some restrictions on carrying firearms in vehicles. Previously, gun owners were required to secure their firearms in a closed glove box, center console, trunk, or secure container. Now, there are no restrictions on legal gun owners keeping firearms in their vehicles, and they can be placed anywhere in the vehicle. However, on school property, firearms must remain in an attended or locked vehicle and be secured in a closed glove compartment, closed console, closed trunk, or in a closed container. At parks or facilities under the jurisdiction of the state Department of Parks, Recreation, and Tourism, licensed hunters who possess firearms in a vehicle must store them unloaded and in a case or the trunk of the vehicle.
It is important to note that South Carolina prohibits the possession or carrying of a loaded centerfire rifle or shotgun loaded with a shot size "larger than number four" on a public road or railroad right-of-way if the person does not have permission to hunt the land immediately adjacent. This prohibition does not apply to a firearm contained in a vehicle traveling on a public road or in a closed compartment or trunk. Additionally, South Carolina is one of only 17 states with legislation requiring gun owners to report lost or stolen guns. If a gun is lost or stolen in Columbia, for example, the owner must report the theft within 24 hours, or they may face a fine of $500 per stolen firearm.
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Carrying a firearm on university property
South Carolina has become the 29th state to adopt the Constitutional Carry Law, also known as the South Carolina Constitutional Carry Act of 2023, which allows individuals 18 and older to carry a firearm without training or registration. This law makes it easier to legally carry a gun in the state.
However, it's important to note that there are still some restrictions on where firearms can be carried. For example, it is unlawful to carry a handgun, whether concealed or not, on certain premises, including universities.
South Carolina gun laws specifically prohibit the possession of firearms on university property. This means that even with the new Constitutional Carry Law in place, individuals are not permitted to carry firearms on the premises or property of a university.
The law states that a person who brings a concealable weapon onto the premises of a university, whether concealed or openly carried, is in violation of the law and may be charged with a crime. Additionally, the law provides that a "NO CONCEALABLE WEAPONS ALLOWED" sign must be posted on the premises to notify individuals that concealable weapons are not permitted.
Therefore, while the Constitutional Carry Law in South Carolina allows individuals to carry firearms in many public places, it is important to remember that there are still restrictions in certain locations, including universities, where the possession of firearms is prohibited.
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Law enforcement concerns
South Carolina has become the 29th US state to adopt the Constitutional Carry Law, also known as the "South Carolina Constitutional Carry Act of 2023". This law allows people aged 18 and older to carry a firearm without training, registration, or a background check.
The introduction of the Constitutional Carry Law in South Carolina has raised concerns among law enforcement officials and the public about its potential impact on public and officer safety.
One of the primary concerns is the lack of training and education required to obtain a firearm. Beaufort County Sheriff P.J. Tanner expressed worries about 18-year-olds carrying firearms, stating that proper education is crucial for responsible gun ownership. The removal of training requirements, some argue, could lead to irresponsible gun use and increase the risk of accidents or negligent discharges.
Additionally, law enforcement officers worry about their ability to distinguish between legal and illegal gun possession. The absence of a permit or registration system makes it challenging for officers to identify individuals who are lawfully allowed to carry a firearm. This could potentially hinder their ability to enforce gun laws effectively and create uncertainty during interactions with armed individuals.
The law also raises concerns about the increased availability of firearms to individuals with criminal intentions. Critics argue that by putting more guns on the street, the law may inadvertently empower criminals and contribute to the existing gun violence crisis in the nation.
Furthermore, there are worries about the potential for escalating violence during confrontations. Without the safety net of permit laws, arguments and fistfights could potentially turn into deadly shootings. This concern is shared by both law enforcement and the public, who fear that the presence of more guns in public spaces may lead to an increase in gun-related incidents.
The Constitutional Carry Law in South Carolina has sparked discussions about balancing the rights of gun owners with the need to ensure public safety. While the law simplifies the process of obtaining a firearm, law enforcement concerns highlight the complexities and potential challenges associated with its implementation. Addressing these concerns through training, education, and effective law enforcement strategies will be crucial to mitigating the risks associated with the new law.
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Frequently asked questions
Yes, South Carolina has become the 29th state to adopt the Constitutional Carry Law, also known as the South Carolina Constitutional Carry Act of 2023.
The law allows adults aged 18 and older to carry a firearm, whether concealed or in the open, without a permit, training, or registration. It also increases penalties for those who carry guns into places where they are banned.
Firearms are prohibited in many locations, including inside schools, colleges, universities, churches, law enforcement facilities, detention and correctional facilities, anywhere medical procedures are performed, courthouses, public buildings, and any place clearly marked with a "NO CONCEALABLE WEAPONS ALLOWED" sign.
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