Understanding the Open Carry Law in South Carolina

As of March 7, 2024, South Carolina now allows most adults to carry concealed firearms openly or concealed without a permit. But if you’ve been charged with a weapons violation, you already know how easy it is to land in legal trouble under this new law, especially if you misunderstood where, when, or how you’re allowed to carry.

While the law gives more freedom to carry guns in public, it also comes with rules and restrictions that can lead to severe penalties if you violate them. Unfortunately, an open-carry violation carries severe consequences, including jail time and a permanent criminal record. If you’re in this position, getting legal help from our seasoned weapons charge lawyer in South Carolina is critical.

When you’re dealing with misdemeanor or felony weapons charges in state or federal court, you need experienced representation. At the Law Offices of L. Morgan Martin, our South Carolina weapons charge attorneys understand what’s at stake and have defended clients like you facing all types of weapons charges in SC.

What Changed in South Carolina’s Open Carry Law?

Under the new law, anyone 18 or older who is legally permitted to own a gun can now carry a concealed firearm in public, whether openly or concealed, without a concealed weapons permit (CWP). You’re not required to take a safety class or register your firearm beforehand as long as it qualifies under the law. In SC, a concealable weapon generally means a handgun that’s under 12 inches long.

If that sounds simple, the reality is more complicated. While the permit requirement has been dropped, the state didn’t throw out all the rules about where you can and can’t carry guns. There are still strict limitations in place, and violating them can result in a criminal charge.

What the Laws Don’t Mean

SC law still bans firearms in many locations, including:

• Courthouses
• Police stations
• Schools
• Daycare centers
• Certain private businesses

Some establishments, like bars or restaurants that serve alcohol, are off-limits unless you’re not drinking and you’re otherwise following precise rules.

Private property owners also have the right to prohibit firearms on their premises. If you’re carrying a gun and walk into a store or business that has a “no weapons” sign posted, you can be asked to leave and, in some cases, charged with trespassing or worse. You may not realize a building is off-limits or have seen the signage. Unfortunately, that won’t necessarily protect you from being charged.

If you’ve been charged with a weapons violation, it’s completely understandable to feel overwhelmed, maybe even confused about why and how, given the new open carry laws in SC. This is precisely why you need a South Carolina weapons charge lawyer who understands the intricacies of the latest laws and which rules remain unchanged and still apply.

Your Defense is Safe in the Hands of Our Reputable Attorneys

Being convicted of a weapons violation in SC can have lasting consequences. You may face significant fines, serve time in jail or prison, and permanently lose your right to own firearms. Discover how our South Carolina weapons charge lawyers at L. Morgan Martin can assist you by scheduling a confidential consultation online or by calling (843) 248-3177.