Gun charges in South Carolina are serious, and the consequences can escalate fast.
Even though South Carolina allows lawful gun ownership and now generally allows open or concealed carry for many adults without a permit, that does not mean every firearm-related situation is legal. People are still charged every day for carrying a firearm in the wrong place, possessing a firearm when they are legally prohibited, or having a gun tied to another criminal allegation.
If you’re facing a gun charge in South Carolina, the details matter, and the right defense matters even more.
South Carolina Gun Laws Are Broader Than Many People Realize
South Carolina’s gun laws changed in 2024 with the state’s constitutional carry law, but the law did not eliminate gun charges.
Under South Carolina Code § 16-23-20, adults who are 18 or older and not otherwise prohibited by law may generally carry a handgun openly or concealed without a concealed weapons permit in many situations. But there are still strict limits on where a firearm can be carried, who can lawfully possess one, and how certain firearm-related offenses are charged.
Common Gun Charges in South Carolina
Gun charges arise in a variety of ways. Some are standalone offenses. Others are enhancements that make an already serious case much worse.
Carrying a Handgun in a Prohibited Location
One of the biggest misunderstandings after constitutional carry is this: Lawful carry does not mean you can carry anywhere.
Under S.C. Code § 16-23-20, it is still unlawful to carry a handgun into certain places, including:
- Law enforcement, correctional, or detention facilities
- Courthouses and courtrooms while court is in session
- Polling places on election days
- Certain public meetings of governing bodies
- School or college athletic events not related to firearms
- Daycare and preschool facilities
- Places where federal law prohibits firearms
- Churches or religious sanctuaries without express permission
- Hospitals, medical clinics, doctors’ offices, and places where medical procedures are performed without authorization
- Another person’s residence without permission
- Locations clearly posted with legally compliant “no firearms” signage
A person can legally own a firearm and still be charged if they carry it into the wrong place.
Possession by a Prohibited Person
South Carolina law still prohibits certain people from lawfully possessing a handgun.
Under S.C. Code § 16-23-30, a person may face firearm charges if they are legally disqualified from possessing a handgun, including certain individuals with qualifying criminal convictions or other disqualifying circumstances. South Carolina also has separate firearm restrictions for some domestic violence convictions and protective order situations under S.C. Code § 16-25-30.
These are high-stakes cases and can quickly move beyond a simple weapons charge.
Possession of a Firearm During a Violent Crime
If a firearm is allegedly possessed during the commission of a violent crime, the consequences increase significantly.
Under S.C. Code § 16-23-490, possession of a firearm during the commission or attempted commission of a violent crime can trigger an additional mandatory prison sentence, separate from the underlying charge. That means even if the firearm is not discharged, simply being connected to the alleged offense can dramatically increase exposure.
This is one of the most serious firearm-related enhancements in South Carolina criminal law.
Possession of Certain Restricted Weapons
Not all firearm-related charges involve an ordinary handgun.
Under S.C. Code § 16-23-230, South Carolina prohibits the unlawful storing, keeping, or possessing of certain restricted weapons, including:
- Machine guns
- Military firearms
- Sawed-off shotguns
- Sawed-off rifles
unless a specific legal exception applies.
These are not routine charges. They often involve felony-level exposure and require immediate legal attention.
Gun Charges Connected to Other Criminal Allegations
In many cases, the firearm is not the only issue.
Gun charges often appear alongside allegations involving:
- Drug crimes
- Assault and battery
- Burglary
- Robbery
- Domestic disputes
- Serious felony cases
When a gun is tied to another charge, prosecutors may use that fact to seek enhanced penalties, more aggressive bond conditions, or additional counts.
What About Guns in Vehicles?
This is one of the most common sources of confusion.
Under S.C. Code § 16-23-20, a person who is not otherwise prohibited by law may generally lawfully store a handgun in a vehicle, and the current law is much broader than it used to be. But that does not mean every gun found during a traffic stop is automatically lawful.
A gun in a vehicle can still lead to charges if:
- The person is legally prohibited from possessing a firearm
- The gun is tied to another alleged offense
- The stop leads to other criminal allegations
- The firearm is discovered in a situation the state believes violates another law
In other words, “it was just in the car” is not always the end of the analysis.
Penalties for Gun Charges in South Carolina
The penalties for a gun charge depend on the specific statute, the facts of the case, and whether there are prior offenses.
Under S.C. Code § 16-23-50, certain violations of § 16-23-20 can carry:
- A first offense misdemeanor, punishable by up to 1 year in jail, a fine of up to $1,000, or both
- A second offense, which can carry up to 3 years imprisonment
- A third or subsequent offense, which can become a felony punishable by up to 5 years imprisonment
Other firearm-related charges can carry even more serious penalties, especially when:
- The person is legally prohibited from possessing a firearm
- The firearm is connected to a violent crime
- The weapon itself is restricted under South Carolina law
- Federal charges are also possible
Common Situations That Lead to Gun Charges
Gun charges often begin in situations people do not expect, such as:
- A traffic stop where a firearm is discovered
- A search of a vehicle or home
- A domestic dispute
- A drug investigation
- A stop near a school or restricted property
- A firearm found during an arrest for another offense
Sometimes the issue is not ownership. Sometimes it is where the gun was, who had access to it, or what law enforcement says the gun was connected to.
Why the Details Matter in a Gun Charge Case
Gun cases are often more complicated than they look.
A strong defense may involve asking:
- Was the stop lawful?
- Was the search lawful?
- Was the firearm actually in your possession or control?
- Were you in a prohibited location?
- Are you actually prohibited from possessing a firearm under South Carolina law?
- Is the state trying to connect the firearm to another charge without enough evidence?
In many gun cases, what law enforcement assumes and what the state can actually prove are not the same thing.
That difference matters.
Your Next Move Matters
Gun charges are not the kind of case you want to take lightly.
A firearm allegation can affect bond, increase penalties, complicate plea negotiations, and raise the stakes in any criminal case. And if the state tries to connect that firearm to another offense, the situation can escalate quickly.
But a charge is not a conviction.
The facts matter. The evidence matters. And how your case is handled early can make a major difference in what happens next.
Talk to Boatwright Legal
At Boatwright Legal, we defend individuals across the Upstate of South Carolina facing serious criminal charges with strategy, precision, and relentless advocacy.
We proudly serve clients throughout Anderson, Clemson, Greenville, Oconee, Pickens, and surrounding Upstate South Carolina communities, and we understand how to navigate the local courts in each of these communities.
If you are facing a gun-related charge in South Carolina, do not wait to get answers. Contact us today to schedule your free consultation.
This blog is provided for informational purposes only and does not constitute legal advice. If you need legal guidance, contact Boatwright Legal directly to discuss your situation.