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Johnathan MWhat is Unlawful Carrying of a Weapon in South Carolina?
South Carolina’s main unlawful carrying statute is S.C. Code § 16-23-20, which prohibits carrying a handgun into certain locations. This applies whether or not you have a concealed weapons permit.
Since the South Carolina Constitutional Carry/Second Amendment Preservation Act (Act 110, effective March 7, 2024), the rules around who can carry have changed significantly. Most adults 18 and older, who aren’t barred by law from possessing a firearm, can now carry a handgun openly or concealed without needing a permit. However, the list of prohibited locations remains under S.C. Code § 16-23-20(A):
Law enforcement, correctional, and detention facilities
Courthouses and courtrooms
Polling places on election days
Government office meetings (county, school district, municipality)
School or college athletic events not related to firearms
Daycare and preschool facilities
Locations where federal law prohibits firearms
Churches or religious sanctuaries (unless the governing body gives permission)
Hospitals, medical clinics, and other places where medical procedures are performed (unless authorized)
Another person’s residence or dwelling without the owner’s express permission
Any place with a compliant “NO CONCEALABLE WEAPONS ALLOWED” sign under S.C. Code § 23-31-235
If you carry into a business with a compliant sign and refuse to leave when asked, you can be charged under S.C. Code § 16-11-620. You generally won’t be charged with unlawful carrying just for ignoring the sign, but refusal to leave creates criminal exposure.
Beyond location restrictions, those with convictions for certain felonies, domestic violence offenses, or under protective orders cannot carry under state or federal law. Constitutional carry doesn’t change these rules. It’s crucial to verify your eligibility before carrying a firearm to avoid these severe legal pitfalls.
Penalties for Unlawful Carrying in Greenville, SC
Under S.C. Code § 16-23-50, as amended by the constitutional carry law, the penalties for unlawfully carrying a handgun into a prohibited location are:
First offense: Misdemeanor, up to 1 year in prison, and/or a fine up to $1,000.
Second offense: Misdemeanor, up to 3 years in prison.
Third or subsequent offense: Felony, up to 5 years in prison.
Carrying a firearm into specific places like a bar or restaurant serving alcohol has separate penalties under S.C. Code § 16-23-465. A conviction here is a misdemeanor with fines up to $2,000 and up to two years in prison. Violation by concealed weapon permit holders can lead to permit revocation for five years.
Bringing a firearm onto school property falls under S.C. Code § 16-23-430. Taking a weapon onto an elementary or secondary school field or campus, unless secured in a locked vehicle, is a felony carrying up to 5 years in prison.
South Carolina enforces additional penalties under S.C. Code § 16-23-495 for concealable weapon offenses committed during another crime, adding up to three years to the sentence for the initial offense. Being aware of these specific penalties can help in planning a defense strategy.
How Unlawful Carrying Cases Are Prosecuted in Greenville County
In Greenville County, unlawful carrying charges occur frequently during traffic stops when an officer finds a handgun during a vehicle search.
Collateral consequences of an unlawful carrying conviction depend on whether the conviction is a misdemeanor or a felony. A first-offense misdemeanor conviction creates a criminal record that shows on background checks, which can affect employment in security, government contracting, and any profession requiring a security clearance. A felony conviction, for a third or subsequent offense or for carrying on school property, results in the permanent loss of your right to possess firearms under both state and federal law. For those already holding a concealed weapons permit, a misdemeanor conviction may trigger a review and suspension of that permit by the South Carolina Law Enforcement Division (SLED). Charges also arise when firearms are found in restricted locations like government buildings, schools, and courthouses. Sometimes, charges originate from service calls where a weapon is discovered.
First and second offense cases typically occur at the magistrate court level, while third offenses are felonies handled at General Sessions Court. The Greenville County Solicitor’s Office treats weapon charges with gravity, especially in sensitive locations like schools or government offices.
The constitutional carry law introduced transitional challenges. Officers and courts are adapting, and cases may emerge from misunderstandings between what’s permissible and what’s restricted. Whether the location was indeed prohibited requires careful legal examination. Being informed about the prosecutorial approach can prepare you for the legal process and potential outcomes.
An unlawful carrying charge often accompanies other charges, like Felon in Possession of a Firearm if the person has a felony record, or Weapon During Violent Crime if combined with a violent crime.
Defense Strategies for Unlawful Carrying
Location assessment: Was the place where the firearm was found truly within the list of prohibited locations under S.C. Code § 16-23-20(A)? Many places might seem restricted but are not covered. Careful legal analysis can be decisive here.
Signage compliance: For businesses using posted signs to ban carry, the sign must comply with S.C. Code § 23-31-235. A noncompliant sign can’t legally lead to criminal charges, only trespass if you refuse to leave when asked.
Prohibition status: Constitutional carry rights apply to lawful firearms possessors. Determining if someone is prohibited involves examining prior convictions, protective orders, or other disqualifying factors. This assessment can be pivotal in forming your defense.
Fourth Amendment challenges: The firearm’s discovery method is crucial. A wrongful traffic stop, a vehicle search violation, or overreach during an encounter can support a suppression motion. Suppressing the weapon can lead to charge dismissal.
Challenging “carrying” claims: The law applies to carrying a handgun on the person. If the weapon was locked in a container in a vehicle or secured lawfully under S.C. Code § 16-23-20(D), the “carrying” element might not apply.
For those whose previous convictions affect their right to carry, exploring Expungement might be relevant for restoring firearm rights. Visit the Weapons Charges Lawyer hub for more about firearm offenses in South Carolina.
Why You Need an Unlawful Carrying Lawyer in Greenville
While the new constitutional carry law hasn’t eliminated weapons charges, it has changed the situations that trigger them. The transitional period adds ambiguity, yet prosecutors diligently pursue these cases. A first-offense misdemeanor conviction creates a criminal record that could impact employment and future rights. Awareness of these implications emphasizes the importance of a strong defense.
John Crangle, a Greenville Criminal Defense Lawyer, focuses in handling weapon charges throughout the 13th Judicial Circuit. He’s familiar with both the pre-2024 framework and the current law, and he knows when a charge is not supported by facts. If you’re facing an unlawful carrying charge, whether a misdemeanor or a felony, an attorney who examines every detail of your case is essential.
Contact John Crangle for a consultation about your unlawful carrying charge.