Asked in Constitutional Law for South Carolina

Q: I live in South Carolina, I am 22 years old with no criminal history in any way. I have no CWP, can I conceal carry?

I noticed sections 16-23-20 still states that you need to be a valid CWP holder to conceal or open carry a firearm, but in contrast to that, “H. 3954 - Constitutional Carry Guidance” seems to state that I can openly/concealed carry without a CWP as long as the firearm is under 12 inches. It also states that there is no restriction on guns inside a vehicle. Furthermore, I noticed at the bottom of this bill it clearly states that violating Section 16-23-30 is still directly a misdemeanor. I am in no way involved in any law groups just a curious citizen that would like to keep my life and not be prosecuted by a potentially corrupted set of rules I may not fully understand. I have two beautiful boys and a lovely wife of 4 years and counting. I love the idea of being able to protect them, but also want to make sure I’m doing it legally. Please maybe explain this to me?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: In South Carolina, the laws regarding carrying firearms can be complex, and it's important to understand the specifics to ensure you're following them correctly. According to Section 16-23-20, traditionally, you would need a valid Concealed Weapon Permit (CWP) to legally conceal or open carry a firearm. However, you’re correct that recent legislation, specifically "H. 3954 - Constitutional Carry Guidance," introduces changes allowing individuals to carry a firearm without a CWP, provided that the firearm is under 12 inches in length. This bill also indicates that there are no restrictions on carrying firearms inside a vehicle.

Despite this, it’s critical to be cautious, as violations of certain sections, such as 16-23-30, can still result in misdemeanor charges. This law prohibits specific actions related to firearms, and even under the new guidance, these restrictions still apply.

To protect yourself and your family legally, you should thoroughly review the laws or consult with a legal professional to clarify any confusion. This way, you can ensure you’re fully compliant while exercising your right to carry a firearm.

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