Schiller & Hamilton - August/September 2021

The founding of our country was established on many principles — one of those being our right to protect ourselves. The Second Amendment in the U.S. Constitution and the South Carolina Constitution both state that citizens have a right to bear arms, using similar language to outline these rights for their citizens. However, over the years, numerous state and federal laws have limited when and how people can carry firearms. Specifically, South Carolina has numerous laws that, if not adhered to, could restrict your future right to carry. In order to legally possess a firearm in South Carolina, an individual cannot have a felony conviction or a conviction for domestic violence. A person who is legally allowed to own a firearm may transport the firearm to and from their residence, have it in their possession in a vehicle, and take it to their place of employment without a concealed weapons permit (CWP). (Note: Your employer has to grant permission for the gun to be on the premises prior to entering the building or property.) As of Aug. 16, a new law will change the way gun owners are allowed to carry their firearms in public. The law allows individuals who have a CWP to openly carry firearms in public. Under the law, private businesses can limit permit holders from openly carrying on their property with legally posted signs. The law also allows for the temporary suspension of legal open carry in the event of a protest or other organized event. When transporting the firearm without a concealed weapons permit, a firearm must be located in a closed glove compartment, console, trunk, or container secured by an integral fastener that is transported in the luggage compartment of the vehicle. Yet, most people will store the firearm under a seat, in a bag, or have it open in the cabin of the vehicle. These methods are illegal. In most situations, unlawful possession of a firearm is a misdemeanor and carries a potential one-year prison sentence. However, if the firearm is stolen, this can result in felony charges that carry up to five years in prison. You can also be charged with unlawful possession if you have a gun on or about your person and are under the influence of drugs or alcohol. Your right to carry is protected by the federal and South Carolina constitutions, but you must follow the legal code for carrying in order to maintain your rights. To learn more about open carry and firearm laws in South Carolina, please visit SCStateHouse.gov. How and When to Carry a Firearm in South Carolina

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