§ 23-31-215 — Issuance of permits.

South Carolina § 23-31-215

• Jurisdiction: South Carolina
• Title 23: LAW ENFORCEMENT AND PUBLIC SAFETY
• Ch. 31: FIREARMS

Text

(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. (B) Upon submission of the items required by subsection (A), SLED must conduct or facilitate a local, state, and federal fingerprint review of the applicant. SLED also must conduct a background check of the applicant through notification to and input from the sheriff of the county where the applicant resides or if the applicant is a qualified nonresident, where the applicant owns real property in this State. The sheriff within ten working days after notification by SLED, may submit a recommendation on an application. Before making a determination whether or not to issue a permit under this article, SLED must consider the recommendation provided pursuant to this subsection. If the fingerprint review and background check are favorable, SLED must issue the permit. (C) SLED shall issue a written statement to an unqualified applicant specifying its reasons for denying the application within ninety days from the date the application was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer the applicant a handgun training course that satisfies the requirements of Section 23-31-210(4). SLED may not charge a fee of any kind for a concealable weapon permit. If a permit is granted by operation of law because an applicant was not notified of a denial within the ninety-day notification period, the permit may be revoked upon written notification from SLED that sufficient grounds exist for revocation or initial denial. (D) Denial of an application may be appealed. The appeal must be in writing and state the basis for the appeal. The appeal must be submitted to the Chief of SLED within thirty days from the date the denial notice is received. The chief shall issue a written decision within ten days from the date the appeal is received. An adverse decision shall specify the reasons for upholding the denial and may be reviewed by the Administrative Law Court pursuant to Article 5, Chapter 23, Title 1, upon a petition filed by an applicant within thirty days from the date of delivery of the division's decision. (E) SLED must make permit application forms available to the public. A permit application form shall require an applicant to supply: (1) name, including maiden name if applicable; (2) date and place of birth; (3) sex; (4) race; (5) height; (6) weight; (7) eye and hair color; (8) current residence address; and (9) all residence addresses for the three years preceding the application date. (F) The permit application form shall require the applicant to certify that: (1) he is not a person prohibited under state law from possessing a weapon; (2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon; and (3) all information contained in his application is true and correct to the best of his knowledge. (G) Medical personnel, law enforcement agencies, organizations offering handgun education courses pursuant to Section 23-31-210(4), and their personnel, who in good faith provide information regarding a person's application, must be exempt from liability that may arise from issuance of a permit; provided, however, a weapons instructor must meet the requirements established in Section 23-31-210(4) in order to be exempt from liability under this subsection. (H) A permit application must be submitted in person, by mail, or online to SLED headquarters which shall verify the legibility and accuracy of the required documents. If an applicant submits his application online, SLED may continue to make all contact with that applicant through online communications. (I) SLED must maintain a list of all permit holders and the current status of each permit. SLED may release the list of permit holders or verify an individual's permit status only if the request is made by a law enforcement agency to aid in an official investigation, or if the list is required to be released pursuant to a subpoena or court order. SLED may charge a fee not to exceed its costs in releasing the information under this subsection. Except as otherwise provided in this subsection, a person in possession of a list of permit holders obtained from SLED must destroy the list. (J) A permit is valid statewide unless revoked because the person has: (1) become a person prohibited under state law from possessing a weapon; (2) moved his permanent residence to another state and no longer owns real property in this State; (3) voluntarily surrendered the permit; or (4) been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge. Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED. A person who fails to surrender his permit in accordance with this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty-five dollars. (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. (L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit identification cards after the permit holder has updated all information required in the original application and the payment of a five-dollar replacement fee. Any change of permanent address must be communicated in writing to SLED within ten days of the change accompanied by the payment of a fee of five dollars to defray the cost of issuance of a new permit. SLED shall then issue a new permit with the new address. A permit holder's failure to notify SLED in accordance with this subsection constitutes a misdemeanor punishable by a twenty-five dollar fine. The original permit shall remain in force until receipt of the corrected permit identification card by the permit holder, at which time the original permit must be returned to SLED. (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. (N)(1) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state must be honored by this State, provided, that the reciprocal state requires an applicant to successfully pass a criminal background check and a course in firearm training and safety. A resident of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list of those states as the states with which South Carolina has reciprocity. (2) Notwithstanding the reciprocity requirements of item (1), South Carolina shall automatically recognize concealed weapon permits issued by Georgia and North Carolina. (3) The reciprocity provisions of this section shall not be construed to authorize the holder of any out-of-state permit or license to carry, in this State, any firearm or weapon other than a handgun. (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. (P) Upon renewal, a permit issued pursuant to this article is valid for five years. Subject to subsection (Q), SLED shall renew a currently valid permit upon: (1) payment of a fifty-dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers; (2) completion of the renewal application; and (3) picture identification or facsimile copy thereof. (Q) Upon submission of the items required by subsection (P), SLED must conduct or facilitate a state and federal background check of the applicant. If the background check is favorable, SLED must renew the permit. (R) No provision contained within this article shall expand, diminish, or affect the duty of care owed by and liability accruing to, as may exist at law immediately before the effective date of this article, the owner of or individual in legal possession of real property for the injury or death of an invitee, licensee, or trespasser caused by the use or misuse by a third party of a concealable weapon. Absence of a sign prohibiting concealable weapons shall not constitute negligence or establish a lack of duty of care. (S) At least thirty days before a permit issued pursuant to this article expires, SLED shall notify the permit holder by mail or online if permitted by subsection (H) at the permit holder's address of record that the permit is set to expire along with notification of the permit holder's opportunity to renew the permit pursuant to the provisions of subsections (P) and (Q). (T) During the first quarter of each calendar year, SLED must publish a report of the following information regarding the previous calendar year: (1) the number of permits; (2) the number of permits that were issued; (3) the number of permit applications that were denied; (4) the number of permits that were renewed; (5) the number of permit renewals that were denied; (6) the number of permits that were suspended or revoked; and (7) the name, address, and county of a person whose permit was revoked, including the reason for the revocation pursuant to subsection (J)(1). The report must include a breakdown of such information by county. (U) A concealable weapon permit holder whose permit has been expired for no more than one year may not be charged with a violation of Section 16-23-20 but must be fined not more than one hundred dollars. (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.

Legislative History

HISTORY: 1996 Act No. 464, SECTION 1; 1997 Act No. 39, SECTION 2; 2002 Act No. 274, SECTION 4; 2005 Act No. 154, SECTION 1; 2006 Act No. 347, SECTION 2, eff June 9, 2006; 2008 Act No. 202, SECTIONS 1, 2, eff April 16, 2008; 2008 Act No. 349, SECTION 1, eff June 16, 2008; 2014 Act No. 123 (S.308), SECTION 2.B, eff February 11, 2014; 2016 Act No. 223 (H.3799), SECTION 1, eff June 3, 2016; 2021 Act No. 66 (H.3094), SECTIONS 12.A, 12.B, eff August 15, 2021; 2024 Act No. 111 (H.3594), SECTIONS 9, 21, and 23 eff March 7, 2024. Editor's Note 2021 Act No. 66, SECTION 1, provides as follows: "SECTION 1. This act may be cited as the 'Open Carry With Training Act'." 2024 Act No. 111, SECTIONS 1 and 24, provide as follows: "SECTION 1. This act may be cited as the 'South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024'." "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." Effect of Amendment The 2006 amendment added the references to qualified non-residents in subsection (A) in the introduction and in subparagraph (3), subsection (B), subparagraph (E)(8), subparagraph (F)(3), subparagraph (P)(3), and subsection (S). The first 2008 amendment rewrote subsection (I) to restrict the circumstances upon which SLED can release its list of permit holders; and added subsection (T). The second 2008 amendment rewrote subsection (N) to require that the reciprocal state require firearm training and a criminal background check. 2014 Act No. 123, SECTION 2.B, amended subsections (A), (B), (C), (D), (E), (F), (G), (H), (K), (M), (O), (P), (Q), (S), (T), and added subsection (U). 2016 Act No. 223, SECTION 1, in (N), inserted paragraph designator (1), and added (2) and (3), relating to recognizing concealed weapon permits issued by Georgia and North Carolina under certain circumstances. 2021 Act No. 66, SECTION 12.A, in (A), made a nonsubstantive change in (5); deleted former (6), which related to payment of a fifty-dollar application fee; and redesignated former (7) as (6). 2021 Act No. 66, SECTION 12.B, in (C), deleted the third and fourth sentences, which related to a fifty dollar fee for a handgun training course, and inserted new third sentence, providing that SLED may not charge a fee of any kind for a concealable weapon permit. 2024 Act No. 111, SECTION 9, rewrote (K), (M), and (O). 2024 Act No. 111, SECTION 21, added (V). 2024 Act No. 111, SECTION 23, in (A), substituted "eighteen years of age" for "twenty-one years of age".