In 2024, South Carolina introduced several key changes to its gun laws and other weapons-related charges, reflecting ongoing discussions around public safety and Second Amendment rights. 

These updates have significant implications for gun owners, those looking to carry concealed weapons, and anyone involved in weapons-related offenses. Understanding these new laws is crucial for staying compliant and avoiding serious legal consequences.

This article will explore the latest changes to South Carolina’s gun laws, discuss the implications of the new regulations, and provide an overview of how other weapons charges are treated under state law.

2024 Constitutional Carry & SC Weapons Charges

The changes to South Carolina’s gun laws and the strict regulation of other weapons underscore the state’s commitment to balancing the rights of individuals with public safety concerns. For residents, these laws mean that understanding the legal landscape is more important than ever.

For Gun Owners:

• Stay Informed: Keep up to date with the latest laws to ensure you are carrying and storing your firearms legally.
• Consult Legal Advice: If you have questions about your rights under the new laws, seek legal counsel to avoid potential legal issues.

For the General Public:

• Increased Protections: The new laws aim to protect the public by preventing dangerous individuals from accessing firearms and ensuring that weapons are used responsibly.

New Changes to South Carolina Gun Laws: Constitutional Carry

One of the most significant changes in 2024 is the adoption of permitless carry, often referred to as “constitutional carry.” Under this law, individuals who are legally permitted to own a firearm can carry it concealed without needing a Concealed Weapons Permit (CWP).

Key Points:

• Who It Affects: Any South Carolina resident who legally owns a firearm and wishes to carry it concealed.
• Where It Applies: While permitless carry is allowed, there are still restricted areas where carrying a firearm is prohibited, including schools, government buildings, and private properties that post signs prohibiting firearms.

Understanding Other Weapons Charges in South Carolina

While the 2024 updates primarily focus on firearms, other weapons charges are also subject to strict regulations under South Carolina law. These include charges related to the possession, use, and carrying of knives, brass knuckles, and other dangerous weapons.

Unlawful Carry of Weapons

The unlawful possession of weapons, particularly in prohibited areas or without proper permits, remains a serious offense in South Carolina. This includes carrying a concealed weapon (such as a knife) without a permit or carrying a weapon into a restricted area.

Penalties:

• • First Offense: Misdemeanor that carries up to one year in jail.
  • Second Offense: Misdemeanor that carries up to three years in jail.

• Third or Greater Offense: Felony that carries up to five years in jail.

Possession of Illegal Weapons

Certain weapons are outright illegal to possess in South Carolina, including switchblades, sawed-off shotguns, and certain types of explosive devices. Possessing or using these weapons can result in felony charges.

Penalties:

• Felony Charges: Possession of illegal weapons can lead to significant prison time (up to 10 years in this case) and a permanent criminal record.
• Aggravating Factors: If these weapons are used in the commission of a crime, the penalties can be substantially increased.

Possession of a Firearm During the Commission of a Violent Crime

In South Carolina, if a weapon is used during the commission of a crime, the penalties for that crime can be significantly enhanced. For example, committing a robbery while armed can elevate the charges and lead to longer prison sentences.

Key Consideration:

• Sentence Enhancements: The presence of a weapon during a crime can add years to a sentence, depending on the circumstances. If the crime was classified as “violent” it adds five years to your sentence. The judge can order the sentence to run concurrently (at the same time) or consecutively (one after the next).

Defending Against Weapons Charges

If you are facing weapons charges in South Carolina, it is essential to understand your legal options and potential defenses. 

Common defenses against weapons charges include challenging the legality of the search and seizure, disputing the facts of the case, or arguing that the weapon was carried or used in self-defense.

Important Considerations:

• Search and Seizure: The Fourth Amendment protects against unreasonable searches and seizures. If a weapon was found during an illegal search, it might be possible to have the evidence excluded from the case.
• Intent: In some cases, the prosecution must prove that the defendant intended to use the weapon in an illegal manner. Lack of intent can be a valid defense.
• Self-Defense: South Carolina recognizes the right to self-defense. If a weapon was used in a situation where the defendant reasonably believed they were in imminent danger, this might be a viable defense.

Need Help With a Weapons Charge in South Carolina?

South Carolina’s 2024 updates to gun laws and other weapons charges reflect a significant shift in how the state handles firearm ownership and weapons-related offenses. 

Whether you are a gun owner, considering purchasing a firearm, or simply want to stay informed, it’s crucial to understand these new regulations.

If you have questions or concerns about how these changes might affect you, contact our office today. Our experienced legal team is here to provide guidance and ensure you are fully informed about your rights and responsibilities under South Carolina law.