State Gun Laws

South Carolina law makes it illegal for someone to have or buy any firearm or ammunition if s/he:

1. was convicted in South Carolina of domestic violence in the first degree or domestic violence of a high and aggravated nature or of a similar crime in another state;
2. was convicted in South Carolina of domestic violence in the second degree or of a similar crime in another state; and the judge:
   • determined that the abuser caused moderate bodily injury to a household member; or
   • specifically ordered that the person is prohibited from possessing a firearm or ammunition;
3. was convicted in South Carolina of domestic violence in the third degree or of a similar crime in another state; and at the time of sentencing, the judge:
   • specifically ordered that the person is prohibited from possessing a firearm or ammunition; or
4. has a valid order of protection issued against him/her from South Carolina or from a court in another state, tribe, or territory; and at the time of the hearing, the judge did both of the following:
   • made specific findings that the abuser caused or attempted to cause physical harm, bodily injury, or assault to his/her household member; and
   • specifically ordered that the person is prohibited from possessing a firearm or ammunition.¹

In addition, South Carolina state law says that a person cannot have or buy a handgun if s/he:

• has been convicted of a “crime of violence” in any state or territory, which includes:
  • murder;
  • manslaughter except not negligent manslaughter arising out of traffic accidents;
  • rape;
  • mayhem;
  • kidnapping;
  • burglary;
  • robbery;
  • housebreaking;
  • assault with intent to kill, commit rape, or rob;
  • assault with a dangerous weapon; or
  • assault with intent to commit any offense punishable by imprisonment for more than one year;
• is a fugitive from justice, which is someone who fled from any law enforcement officer to avoid prosecution or imprisonment for a crime of violence;
• is a drug addict or an alcoholic;
• has been declared mentally incompetent by a judge;
• is under 18 years old, with some exceptions for members of the Armed Forces or for those under the immediate supervision of a parent or adult instructor;
• has been declared unfit to carry or possess a gun by a circuit court or county court judge in South Carolina; or
• is a member of a “subversive organization.”²

Note: The prohibitions against having a firearm or ammunition, as explained in numbers 1 - 4, above, generally only last for a limited period of time.³ See If the abuser is prohibited from having a firearm or ammunition, how long does the prohibition last? for more information.

Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances. Go to Federal Gun Laws to get more information.

¹ S.C. Code § 16-25-30(A)
² S.C. Code §§ 16-23-30(A)(1) & (B); 16-23-10(3),(4)
³ S.C. Code § 16-25-30(E)