Know the Laws: South Carolina

UPDATED November 18, 2008

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WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area. Go to the SC Where to Find Help page to find an organization or legal help in your area.

• More Information and Where to Get Help
  • If my abuser's gun(s) is taken away, what will happen to it?
  • Who do I notify if I think my abuser should not have a gun?
  • What is the penalty for violating the federal firearm law?
  • I do not have an Order of Protection against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?
  • What will happen if my abuser tries to purchase a gun?
  • I received a restraining order through my divorce. Can my ex-spouse have or buy a gun?
  • My abuser uses a gun for his job. Does the law still apply?
  • What is the legal definition of a gun or firearm?
  • I've read through all of this information, and I am still confused. What can I do?
• Guns and Protective Orders
• Guns and Criminal Convictions
• Basic Info

More Information and Where to Get Help

back to topIf my abuser's gun(s) is taken away, what will happen to it?

Any handgun that is used in violation of the state handgun laws will be taken and given to the local chief of police or the county sheriff.  Also, if your abuser is a felon, his/her gun(s) should have been taken away when s/he was convicted of the felony.  If your abuser is a felon but still has a gun, it should be taken away when you get your Order of Protection. 

The law enforcement agency that gets the gun can store it, use it, give it to another agency for use, trade it for another gun with a licensed firearms dealer, or destroy it.  However, this can happen only after all legal proceedings related to the gun have been completed. * If the agency needs to store the gun, it may be kept in their evidence room.

* SC Code §16-23-50(B)

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back to topWho do I notify if I think my abuser should not have a gun?

If you think your abuser is violating the federal firearm law, you can call your local police or sheriff department, the State Police, or the Bureau of Alcohol, Tobacco and Firearms (ATF). Let them know that either you have an Order of Protection against your abuser, or your abuser has been convicted of a felony or domestic violence misdemeanor.
You can find contact information for sheriff departments in your area on our SC Sheriff Department Locations page.

There is an ATF field office located in Charlotte, NC. Their contact information is:
U.S. Department of Justice
Bureau of Alcohol, Tobacco, Firearms and Explosives
Charlotte Field Division
6701 Carmel Road
Suite 200
Charlotte, NC  28226
(704) 716-1800
http://www.atf.gov/field/charlotte/index.htm

For reporting illegal firearm activity: 1-800-ATF-GUNS (1-800-283-4867)

There are also branch offices in Charleston, Columbia, Florence, and Greenville.
A local domestic violence organization in your area may also be able to answer your questions and assist you in talking to the necessary law enforcement officials. You will find contact information for organizations in your area on our SC Where to Find Help page.

Note: Generally, your abuser does not have to have knowledge of the law in order to be arrested for violating the law. If your abuser has a gun or buys a gun in violation of the law, your abuser can be arrested, whether or not your abuser knows he/she was in violation of the law. *

* United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999).

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back to topWhat is the penalty for violating the federal firearm law?

Anyone who owns, has or buys a gun in violation of the federal firearm law can be punished by a fine, jail time for up to 10 years, or both.*

Under SC state law, anyone who has or buys a gun in violation of the state handgun laws is guilty of a felony and can be punished by jail time of up to 5 years, a fine of up to $2,000, or both. **

* 18 USC 924 (a) (2)
** SC Code §16-23-50(A)(1)

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back to topI do not have an Order of Protection against my abuser, and s/he has not been convicted of a domestic violence misdemeanor or felony, is there anything I can do?

In South Carolina, your abuser is not allowed to buy or have a gun if s/he:

• has been convicted of a crime of violence,
• is a fugitive from justice,
• is a drug addict or an alcoholic,
• has been deemed mentally incompetent, or
• is a member of a subversive organization,. *

If this is your situation, please talk to someone in your area about how this law is being enforced.

If none of these situations apply, you can still make a plan for your safety. See our Staying Safe page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. See our SC State and Local Programs page to find a local domestic violence organization near you.

* SC Code §16-23-30(B)

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back to topWhat will happen if my abuser tries to purchase a gun?

Before purchasing a gun, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NCIS). If your abuser has a qualifying Order of Protection against him, or has been convicted of a felony or domestic violence crime, those records should be in the NCIS, which should prevent your abuser from buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system.

If your abuser is able to purchase a gun, you can alert the police, and ask that his/her gun be taken away. Generally, it is not a good idea to assume that because your abuser was able to buy a gun, it is legal for him to have one. The criminal background check system is not foolproof.

Note: There may also be some loopholes in the law that your abuser can take advantage of. For more information, you can contact a local domestic violence organization in your area. Go to our SC State and Local Programs page to find an organization near you.

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back to topI received a restraining order through my divorce. Can my ex-spouse have or buy a gun?

If your SC restraining order does not specifically restrain the abuser from "physical force involving bodily injury," as required under federal law * , then the federal gun law might not be enforceable, and your ex-spouse may still be able to have a gun. **

If your SC restraining order does not specifically restrain the abuser from "physical force involving bodily injury," as required under federal law*, then the federal gun law might not be enforceable, and your ex-spouse may still be able to have a gun.***

* 18 USC 922(g)(8)(c)
** N.H. issued July 26, 2002
*** Magoon v. Thoroughgood, No. 2000-834**

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back to topMy abuser uses a gun for his job. Does the law still apply?

Maybe. If your abuser is a law enforcement officer, military employee or government employee, then s/he might be able to continue to use their gun for work purposes, but not for personal use.

However, if your abuser has been convicted of a felony or a domestic violence misdemeanor, then under federal law, your abuser cannot buy or have a gun, even if s/he is a police officer or a military employee. *

If you are confused or not sure whether your abuser can still use their gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Full Faith and Credit to find out more information: 1-800-903-0111, ext. 2

To find a domestic violence advocate in your area, please go to our SC State and Local Programs page under the Where to Find Help tab on the top of this page.

* 18 USC 925 (a)(1)

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back to topWhat is the legal definition of a gun or firearm?

A gun or firearm is defined by federal law to mean any weapon that is designed to fire a bullet or other projectile by means of an explosive. A firearm silencer or muffler is also included in the definition of a firearm, as is a destructive device and ammunition. *

The federal definition of a firearm does NOT include antique firearms, which is any firearm manufactured in or before 1898. **

Under SC state law, a handgun is any firearm that is designed to fire a projectile and to be fired from the hand.  The SC state law definition, like the federal definition, does NOT include antique firearms. ***

To read the exact legal definition of a firearm, as it applies to the federal firearms statute, please see 18 USC § 921- Definitions. This law can be found on the US House of Representatives website.

* 18 USC 921(3)
** 18 USC 921(16)
*** SC Code §16-23-10(1)

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back to topI've read through all of this information, and I am still confused. What can I do?

Trying to understand both Federal and State law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.

•  You can write to our Email Hotline.
• You can contact a local domestic violence organization in your area (See our SC State and Local Programs page).

You can also contact the National Center on Full Faith and Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111, ext. 2

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