South Carolina's New Gun Law: Open Carry Bill - What to Know

On March 7th, the South Carolina Second Amendment Preservation Act (House Bill 3594) was signed into effect. This law has dramatically changed things in criminal defense, for both good and bad. Here are the important things to know about guns in SC under this new law:

• Minimum age to purchase:
        • Before: 21 years old
        • Now: 18 years old

• Other requirements:
        • Before: concealed weapons permit (CWP) = 8 hours of training, background check
        • Now: none (no CWP required)

• Penalties for unlawful carrying:
        • Before: 0-5 years (felony), or 0-1 year (misdemeanor)
        • Now: 1st offense = 0-1 year (misdemeanor), 2nd offense = 0-3 years (misdemeanor), 3rd offense = 0-5 years (felony)

• Who cannot own a gun:
        • Before: people convicted of a violent crime
        • Now: anyone convicted of a crime with a potential sentence of more than 1 year* (*this does not include crimes that carry over 1 year but are specifically classified as a misdemeanors)

 ➤ For a list of violent crimes: click here or go to this chart. 

• Penalties if prohibited from owning a gun (felony conviction):
        • Before: 0-5 years and/or up to $2,000 fine
        • Now: 1st offense = 0-5 years, 2nd offense = 5-20 years, 3rd offense = 10-30 years

• Probable cause:
        • Before: an officer could search your car based on seeing a gun
        • Now: simply observing a gun does not provide grounds to search

• Expungements:
        • Before: gun charges = not eligible for expungement
        • Now: anyone may apply to expunge one existing conviction for Unlawful Carrying of a Pistol (UCAP), within 5 years of this new law taking effect

➤ For more about expungement: click here. 

As you can see, this new gun law has resulted in many changes—while most are positive within the sphere of criminal defense, it is worth noting that far less people with convictions will now be able to legally own a gun and will also face much harsher penalties if they are found to be in possession of one.

On the other hand, the ability to now expunge convictions for Unlawful Carrying of a Pistol is great news! If you have ever been convicted of Unlawful Carrying of a Pistol, I strongly encourage you to take advantage of this benefit. Despite being a misdemeanor, this particular charge can cause serious issues with housing and/or employment because it involves a weapon.  

Equally significant is the fact that law enforcement is no longer able to stop and/or search a person just because they see a gun. Why? Because a concealed weapons permit is no longer required, so simply observing a weapon does not automatically suggest illegal activity is taking place. (Note: if, for example, the police had prior knowledge that you are prohibited from owning a firearm, that would be a different story.)

The new bill is comprehensive, and this list is just some of the main takeaways from it. If you think you may be eligible for expungement, or have any questions about South Carolina’s newest gun law, please feel free to call us at (843) 849-4466 to schedule a consultation.  

 
 

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