§ 16-23-465 — Additional penalty for unlawfully carrying pistol or firearm onto premises of business selling alcoholic liquor, beer or wine for on-premises consumption; exceptions.

(A) In addition to the penalties provided for by Sections 16-11-330, 16-11-620, 23-31-220, and Article 1, Chapter 23, Title 16, a person convicted of knowingly carrying a firearm into a business which sells alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than two years, or both. In addition to the penalties described above, a person who violates this section while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23 must have his concealed weapon permit revoked for a period of five years. (B)(1) This section does not apply to a person otherwise lawfully carrying a firearm who does not consume alcoholic liquor, beer, or wine while carrying the concealable weapon on the business' premises. A person who violates this item may be charged with a violation of subsection (A). (2) A property owner, holder of a lease interest, or operator of a business may prohibit the carrying of concealable weapons into the business by posting a "NO CONCEALABLE WEAPONS ALLOWED" sign in compliance with Section 23-31-235. A person who carries a concealable weapon into a business with a sign posted in compliance with Section 23-31-235 may be charged with a violation of subsection (A). (3) A property owner, holder of a lease interest, or operator of a business may request that a person carrying a concealable weapon leave the business' premises, or any portion of the premises, or request that a person carrying a concealable weapon remove the concealable weapon from the business' premises, or any portion of the premises. A person carrying a concealable weapon who refuses to leave a business' premises or portion of the premises when requested or refuses to remove the concealable weapon from a business' premises or portion of the premises when requested may be charged with a violation of subsection (A).

Legislative History

HISTORY: 1977 Act No. 45; 1993 Act No. 184, SECTION 190; 1996 Act No. 464, SECTION 5; 2002 Act No. 274, SECTION 2, eff May 28, 2002; 2014 Act No. 123 (S.308), SECTION 1, eff February 11, 2014; 2024 Act No. 111 (H.3594), SECTION 8, eff March 7, 2024. Editor's Note 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 2024 Act No. 111, SECTION 8, in (A), deleted "16-23-460," following "16-11-620", inserted "knowingly" following "convicted of", and made a nonsubstantive change; and in (B), in (1), substituted "otherwise lawfully carrying a firearm who does not consume" for "carrying a concealable weapon pursuant to and in compliance with Article 4, Chapter 31, Title 23; however, the person shall not consume".