§ 16-23-20 — Unlawful carrying of handgun; exceptions.

South Carolina § 16-23-20

• Jurisdiction: South Carolina
• Title 16: CRIMES AND OFFENSES
• Ch. 23: OFFENSES INVOLVING WEAPONS

Text

(A) It is unlawful, whether or not the person has a concealed weapon permit, for anyone to carry about the person any handgun, whether concealed or not, unless otherwise specifically authorized by law into a: (1) law enforcement, correctional, or detention facility; (2) courthouse, courtroom, or other publicly owned building, whether owned by the State, a county, a municipality, or other political subdivision, 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) place 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. A person who violates a provision of this item, whether the violation is wilful or not, only may be charged with a violation of Section 16-11-620 and must not be charged with or penalized for a violation of this subsection. (B) The provisions of subsection (A) do not apply to: (1) regular, salaried law enforcement officers, and reserve police officers of a state agency, municipality, or county of the State, uncompensated Governor's constables, law enforcement officers or other authorized personnel of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers; (2) employees of a law enforcement facility, correctional facility, detention facility, or courthouse while in the course of employment and where the employment requires the possession of a firearm; (3) members of the Armed Forces of the United States, the National Guard, organized reserves, or the State Militia when on duty; (4) subject to the limitations of Section 23-31-600(D), persons who meet the definition of "qualified retired law enforcement officer" contained in Section 23-31-600; or (5) a person carrying as authorized by Section 23-31-240. (C) Nothing contained in this section may be construed to alter or affect the provisions of Sections 10-11-320, 16-23-30, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, and 51-3-145, or the ability for a person to obtain a concealed weapon permit as provided for in Section 23-31-215. (D) Notwithstanding any provision in this section, a person who is not otherwise prohibited by law from carrying a firearm may lawfully store a firearm anywhere in a vehicle whether occupied or unoccupied.

Legislative History

HISTORY: 1962 Code SECTION 16-129.1; 1965 (54) 578; 1974 (58) 2871; 1975 (59) 630; 1980 Act No. 349; 1982 Act No. 404; 1993 Act No.181, SECTION 274; 1995 Act No. 85, SECTION 3; 1996 Act No. 407, SECTION 2; 1996 Act No. 464, SECTION 3; 2004 Act No. 294, SECTIONS 1, 2, eff August 16, 2004; 2006 Act No. 336, SECTION 1, eff June 2, 2006; 2007 Act No. 28, SECTION 1, eff May 14, 2007; 2014 Act No. 123 (S.308), SECTION 2.C, eff February 11, 2014; 2021 Act No. 66 (H.3094), SECTION 3, eff August 15, 2021; 2022 Act No. 218 (H.3050), SECTION 8, eff May 23, 2022; 2024 Act No. 111 (H.3594), SECTION 3, 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 2021 Act No. 66, SECTION 3, in (9)(b), inserted "carried openly or" at the beginning. 2022 Act No. 218, SECTION 8, in (1), deleted "employed as private detectives or private investigators" following "retired commissioned law enforcement officers". 2024 Act No. 111, SECTION 3, rewrote the section.