South Carolina § 23-31-245 Openly carrying a weapon.

South Carolina Statutes

§ 23-31-245 — Openly carrying a weapon.

South Carolina § 23-31-245

Title 23LAW ENFORCEMENT AND PUBLIC SAFETY

Ch. 31FIREARMS

This text of South Carolina § 23-31-245 (Openly carrying a weapon.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 23-31-245 (2026).

Text

A person openly carrying a weapon in accordance with this article does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person. This article does not prevent a law enforcement officer from searching, detaining, or arresting a person when he has a particularized and objective basis for suspecting the particular person stopped of criminal activity. A person merely carrying a weapon in accordance with this article is not sufficient to justify a search, detention, or arrest.

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A person openly carrying a weapon in accordance with this article does not give a law enforcement officer reasonable suspicion or probable cause to search, detain, or arrest the person. This article does not prevent a law enforcement officer from searching, detaining, or arresting a person when he has a particularized and objective basis for suspecting the particular person stopped of criminal activity. A person merely carrying a weapon in accordance with this article is not sufficient to justify a search, detention, or arrest.

Legislative History

HISTORY: 2024 Act No. 111 (H.3594), SECTION 19, 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."