reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 27 - Police Districts In Unincorporated Communities › Section 23-27-110. Procedure for abolishing district.

Any special police district created under the provisions of this chapter may be abolished at the end of any calendar year whenever a majority of the resident landowners therein shall sign a petition directed to the members of the county legislative delegation of the county wherein it is located requesting that the district be abolished, if public notice be given that the petition is to be circulated by three weeks' publication in some newspaper published in the county and by posting notices thereof in at least three public places within the district. Upon receipt of any such petition the county legislative delegation may pass a resolution directed to the clerk of court and to the county auditor, declaring the district abolished and all the rights and duties thereunder at an end.
HISTORY: 1962 Code Section 53-311; 1952 Code Section 53-311; 1948 (45) 1790.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 27 - Police Districts In Unincorporated Communities › Section 23-27-120. Declaration of purpose; construction of chapter.

The purpose of this chapter is to provide adequate police protection for unincorporated villages, towns and thickly populated areas outside of the limits of incorporated municipalities, and this chapter shall be liberally construed and interpreted to carry into effect such purpose.
HISTORY: 1962 Code Section 53-312; 1952 Code Section 53-312; 1948 (45) 1790.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 27 - Police Districts In Unincorporated Communities › Section 23-27-130. Chapter is cumulative.

The rights, privileges and methods provided for in this chapter for the creation of special districts and the appointment of special deputy sheriffs are cumulative to all other ways and methods provided by law in this State.
HISTORY: 1962 Code Section 53-313; 1952 Code Section 53-313; 1948 (45) 1790.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-10. Definitions.

For the purposes of this chapter:
(A) "Reserves" means persons given part-time police powers without being assigned regularly to full-time law enforcement duties.
(B) "Chief" means the chief law enforcement officer of a state agency, municipality, county, county sheriff, or other entity of the State having police powers.
HISTORY: 1978 Act No. 481, Section 1; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The 2007 amendment, in subsection (A), substituted "assigned regularly" for "regularly assigned"; and, in subsection (B), added "state agency," and ", county sheriff," and deleted "political" preceding "entity".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-20. Appointment of reserve police officers authorized; powers and duties.

(A) The chief, with the approval of the governing body or its chief operating officer, may appoint the number of reserve police officers as may be needed but not exceeding the number of regular full-time officers of his department. The number of full-time officers may not be decreased because of the institution or expansion of a reserve force. Each period of time reserves serve must be determined and specified by the chief in writing. The powers and duties of reserves must be prescribed by the chief and they are subject to removal by him at any time.
(B) The chief, with the approval of the governing body, also shall allow for the compensation of reserve police officers for work done pursuant to Section 23-24-10 when compensation for approved public activities would be paid by a party other than the municipality or county. Reserve officers must be paid for approved public activities the same as off-duty police officers. Work performed for compensation must be in excess of the minimum logged service time required by Section 23-28-70. Additional training, beyond what is required for reserve police officers, is not required for reserve police officers who receive compensation.
(C) Before assuming their duties, reserves must:
(1) take the oath of office required by law;
(2) be bonded in an amount determined by the governing body of the state agency, county, municipality, or other entity which may not be less than one thousand five hundred dollars;
(3) successfully complete a course of training specified pursuant to Chapter 23, Title 23 and endorsed by the chief who appoints them.
HISTORY: 1978 Act No. 481, Section 2; 1995 Act No. 85, Section 1; 1996 Act No. 304, Section 2; 1996 Act No. 459, Section 43; 2007 Act No. 44, Section 1, eff June 4, 2007; 2008 Act No. 335, Section 7, eff June 16, 2008.
Effect of Amendment
The 2007 amendment deleted "or sheriff" following "chief" and "chief operating officer" throughout; in subsection (B) in the third sentence substituted "Additional" for "No additional" and added "not"; in paragraph (C)(2), deleted "political" preceding "entity"; and, in paragraph (C)(3), substituted "Chapter 28" for "Chapter 6".
The 2008 amendment, in paragraph (C)(3), substituted "Chapter 23" for "Chapter 6".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-30. Training course; subjects of study.

(A) A reserve officer may not assume a police function until he has successfully completed a course of training of at least sixty hours and passed a comprehensive test prepared by the Law Enforcement Training Council and administered by the local law enforcement agency. The sixty hours of training must be promulgated by the Law Enforcement Training Council, endorsed by the appointing official and must include, but not be limited to:
(1) Firearms training-twelve hours
(2) Laws of arrest-three hours
(3) Searches and seizure-three hours
(4) Evidence-six hours
(5) Crisis intervention-three hours
(6) Officer survival-two hours
(7) Ethics-two hours
(8) Constitutional law-two hours
(9) Local ordinances and policies-ten hours
(10) Radio communications-one hour
(11) Handling prisoners-one hour
(12) Handling juveniles-one hour
(13) Human relations-two hours.
(B) Nothing in this chapter prevents the entity having a reserve unit from prescribing additional training, subject to the approval of the Law Enforcement Training Council.
HISTORY: 1978 Act No. 481, Section 3; 1996 Act No. 459, Section 44; 2006 Act No. 317, Section 3, eff May 30, 2006; 2006 Act No. 336, Section 2, eff June 2, 2006; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The first 2006 amendment, in the second sentence of the introductory paragraph, substituted "Law Enforcement Training Council" for "South Carolina Criminal Justice Academy Division of the Department of Public Safety".
The second 2006 amendment added the undesignated paragraph at the end relating to reserve unit training.
The 2007 amendment designated subsections (A) and (B) and redesignated items (A) to (M) as paragraphs (A)(1) to (A)(13); in subsection (A), in the introductory paragraph substituted "Law Enforcement Training Council" for "South Carolina Criminal Justice Academy"; in subsection (B), substituted "Law Enforcement Training Council" for "South Carolina Criminal Justice Academy Division of the Department of Public Safety"; and made nonsubstantive language changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-40. Manner in which training provided; in-service training.

(A) The training described in Section 23-28-30 may be provided locally or regionally, but must be subject to approval of the Law Enforcement Training Council. If disapproved, the training council shall designate a representative to confer with the chief to make acceptable program changes. Within reason, and subject to academy schedules, academy staff may assist in the training.
(B) In addition to the sixty hours of preliminary training, classes of in-service training must be held periodically but not less often than once a month. Consecutive absences of more than three sessions may be grounds for dismissal.
HISTORY: 1978 Act No. 481, Section 4; 1979 Act No. 39, Section 1; 1996 Act No. 459, Section 45; 2006 Act No. 317, Section 4, eff May 30, 2006; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The 2006 amendment, in the first undesignated paragraph, in the first sentence substituted "Law Enforcement Training Council" for "South Carolina Criminal Justice Division Academy Division of the Department of Public Safety" and in the second sentence deleted "Advisory" preceding "Council".
The 2007 amendment designated the first two paragraphs as subsections (A) and (B) and deleted the third undesignated paragraph exempting auxiliary or reserve officers on the force prior to April 19, 1978 from the high school diploma requirement for participating in training programs; in subsection (A), added "described in Section 23-38-30"; and made nonsubstantive language changes throughout.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-50. Physical examination; applicability of other minimum selection standards.

Before final acceptance as a reserve each candidate shall, at his own expense or through the offices of the doctor of his entity, submit to the chief a summary of the results of a current physical examination for the satisfaction of the chief concerning physical competence and capability. Other minimum selection standards recognized by law as applicable to full-time law enforcement officers also shall apply to reserves.
HISTORY: 1978 Act No. 481, Section 5; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The 2007 amendment in the first sentence deleted "political" preceding "entity" and made nonsubstantive language changes throughout.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-60. Additional requirements; identification cards.

(A) Additional requirements beyond those set out in this chapter may be imposed by the chief.
(B) Identification cards registering a reserve's status may be issued by the Law Enforcement Training Council upon request by the chief and assuring the council that all minimum requirements have been met.
HISTORY: 1978 Act No. 481, Section 6; 1996 Act No. 459, Section 46; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The 2007 amendment designated subsections (A) and (B); in subsection (A), deleted "local political entity through the" preceding "chief"; and, in subsection (B), substituted "Law Enforcement Training Council" for "South Carolina Criminal Justice Academy Division of the Department of Public Safety".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-70. Duties of officers; appointment of coordinator-supervisor.

(A) Reserves shall serve and function as law enforcement officers only on specific orders and directions of the chief. To maintain status, reserves shall maintain a minimum logged service time of twenty hours each month or sixty hours each quarter.
(B) Each reserve must be in proximate contact, by radio or another device, with the full-time officer to whom he is assigned.
(C) A person appointed as an auxiliary or reserve police officer after January 1, 1996, shall perform his duties while accompanied by a full-time, certified South Carolina police officer for a minimum of two hundred forty hours and receive the approval of the chief before he may work as provided in subsection (B). Reserve or auxiliary officers serving before January 1, 1996, and who have at least two hundred forty hours of logged service time are exempt from this provision.
(D) Reserves may not assume full-time duties of law enforcement officers without complying with all requirements for full-time officers.
(E) Each department utilizing reserves shall have one full-time officer as coordinator-supervisor and who must be responsible directly to the chief.
HISTORY: 1978 Act No. 481, Section 7; 1995 Act No. 85, Section 2; 1996 Act No. 304, Section 1; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The 2007 amendment deleted references to sheriffs and deputy sheriffs throughout.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-80. Additional training for reserve officers desiring to become full-time officers.

A reserve who has been in active status for at least two years who desires to become a full-time law enforcement officer, upon application and completion of other existing requirements, may be accepted at the Law Enforcement Training Council for such additional hours of training as considered necessary.
HISTORY: 1978 Act No. 481, Section 8; 1996 Act No. 459, Section 47; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The 2007 amendment substituted "Law Enforcement Training Council" for "South Carolina Criminal Justice Academy" and made nonsubstantive language changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-90. Former full-time officer becoming member of reserve.

A currently certified full-time law enforcement officer who leaves his position under honorable conditions, within twelve months, and at the request of his chief and with the concurrence of the Law Enforcement Training Council, may be issued a registration card identifying him as a member of the reserve. That officer must not be required to undergo the preliminary training for reserves but must be required to have a current physical exam.
HISTORY: 1978 Act No. 481, Section 9; 1996 Act No. 459, Section 48; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The 2007 amendment substituted "Law Enforcement Training Council" for "Department of Public Safety" and made nonsubstantive language changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-100. Uniforms and equipment.

The uniforms and equipment issued by the political entity shall remain the property of the entity but, in the discretion of the chief, may be entrusted to the care and control of the reserves. Reserves shall wear uniforms which shall identify them as law enforcement officers. However, in the discretion of the chief, a reserve may wear plain clothes or another uniform that is consistent with his duties as a law enforcement officer. Handguns, if issued, shall be of a caliber approved by the chief.
HISTORY: 1978 Act No. 481, Section 10; 2007 Act No. 44, Section 1, eff June 4, 2007; 2008 Act No. 321, Section 7, eff 6 months after approval (approved June 16, 2008).
Effect of Amendment
The 2007 amendment deleted "political" preceding "entity" in the first sentence and made nonsubstantive language changes throughout.
The 2008 amendment added the third sentence relating to wearing plain clothes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-110. Workers' compensation.

(A) Workers' compensation benefits may be provided for reserves by the governing body in the same manner as benefits are provided for full-time officers.
(B) For purposes of compensation or benefits arising from duty-related injury or death, reserves must be considered employees of the entity for which they were appointed and must be included with regular duty officers in the assigned responsibility for prevention, suppression, and control of crime.
HISTORY: 1978 Act No. 481, Section 11; 1978 Act No. 599, Section 1; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The 2007 amendment designated subsections (A) and (B); and, in subsection (B), deleted "political" preceding "entity" and made nonsubstantive language changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 28 - Reserve Police Officers › Section 23-28-120. Exemptions.

This chapter does not apply to deputy enforcement officers of the Natural Resources Enforcement Division of the South Carolina Department of Natural Resources.
HISTORY: 1978 Act No. 612, amending 1978 Act No. 481 to add Section 11A; 1993 Act No. 181, Section 359; 2007 Act No. 44, Section 1, eff June 4, 2007.
Effect of Amendment
The 2007 amendment substituted "This chapter does not" for "The provisions of this chapter shall".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-10. Purchase of rifle or shotgun in another state.

A resident of this State including a corporation or other business entity maintaining a place of business in this State, who may lawfully purchase and receive delivery of a rifle or shotgun in this State, may purchase a rifle or shotgun in another state and transport or receive it in this State; provided, that the sale meets the lawful requirements of each state, meets all lawful requirements of any federal statute, and is made by a licensed importer, licensed manufacturer, licensed dealer, or licensed collector.
HISTORY: 1962 Code Section 66-581; 1971 (57) 799; 2012 Act No. 285, Section 1, eff June 29, 2012.
Effect of Amendment
The 2012 amendment substituted "another" for "a contiguous" and made other, nonsubstantive, changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-20. Purchase of rifle or shotgun in this State by resident of any state.

A resident of any state may purchase rifles and shotguns in this State if the resident conforms to applicable provisions of statutes and regulations of this State, the United States, and of the state in which the person resides.
HISTORY: 1962 Code Section 66-582; 1971 (57) 799; 1996 Act No. 418, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-110 to 23-31-200. Repealed by 2012 Act No. 285, Section 2, eff June 29, 2012.

Editor's Note
Former Section 23-31-110 was entitled "Definitions" and was derived from 1962 Code Section 16-129; 1965 (54) 578; 1975 (59) 582; 1976 Act No. 685, Sections 1-3.
Former Section 23-31-130 was entitled "Retail dealers shall be licensed" and was derived from 1962 Code Section 16-129.3; 1965 (54) 578.
Former Section 23-31-140 was entitled "Purchase of pistol; residency requirement; driver's license as proof; exceptions" and was derived from 1975 (59) 582; 1988 Act No. 492, Section 3; 1992 Act No. 305, Sections 1, 2; 1993 Act No. 181, Section 360; 1996 Act No. 459, Section 49; 2004 Act No. 242, Section 1; 2005 Act No. 169, Section 1.
Former Section 23-31-150 was entitled "Issuance, duration, conditions and forfeiture of retail dealer's license" and was derived from 1962 Code Section 16-129.4; 1965 (54) 578; 1975 (59) 582; 1976 Act No. 685, Sections 5, 6; 1986 Act No. 433, Section 1; 2005 Act No. 169, Section 2.
Former Section 23-31-160 was entitled "Giving false information or evidence" and was derived from 1962 Code Section 16-129.5; 1965 (54) 578; 1976 Act No. 685, Section 7.
Former Section 23-31-170 was entitled "Mortgage, deposit or pledge of pistol" and was derived from 1962 Code Section 16-129.6; 1965 (54) 578.
Former Section 23-31-180 was entitled "Certain pistols declared to be contraband; forfeiture, seizure, and destruction; disposal restrictions; use for display" and was derived from 1962 Code Section 16-129.6:1; 1973 (58) 733; 1975 (59) 578; 1986 Act No. 532, Section 8; 1989 Act No. 172, Section 2; 1990 Act No. 556, Section 1; 1998 Act No. 297, Section 3.
Former Section 23-31-190 was entitled "Penalties; disposition of fines; forfeiture and disposition of pistols" and was derived from 1962 Code Section 16-129.7; 1965 (54) 578; 1975 (59) 582; 1993 Act No. 184, Section 198; 1996 Act No. 292, Section 5.
Former Section 23-31-200 was entitled "Construction" and was derived from 1962 Code Section 16-129.8; 1974 (58) 2871.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-216. Collection and retention of fees.

The State Law Enforcement Division shall collect, retain, expend, and carry forward all fees associated with the concealable weapon application, renewal, and replacement of the permit, as provided pursuant to this article.
HISTORY: 1997 Act No. 39, Section 1; 1999 Act No. 100, Part II, Section 18; 2008 Act No. 353, Section 2, Pt 19C, eff July 1, 2009.
Effect of Amendment
The 2008 amendment added "expend," and substituted "pursuant to" for "for in".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-220. Right to allow or permit concealed weapons upon premises; signs.

(A) Nothing contained in this article shall in any way be construed to limit, diminish, or otherwise infringe upon:
(1) the right of a public or private employer to prohibit a person who is licensed under this article from carrying a concealable weapon, whether concealed or openly carried, upon the premises of the business or work place or while using any machinery, vehicle, or equipment owned or operated by the business;
(2) the right of a private property owner or person in legal possession or control to allow or prohibit the carrying of a concealable weapon, whether concealed or openly carried, upon his premises.
(B) The posting by the employer, owner, or person in legal possession or control of a sign stating "NO CONCEALABLE WEAPONS ALLOWED" shall constitute notice to a person holding a permit issued pursuant to this article that the employer, owner, or person in legal possession or control requests that concealable weapons, whether concealed or openly carried, not be brought upon the premises or into the work place. A person who brings a concealable weapon, whether concealed or openly carried, onto the premises or work place in violation of the provisions of this paragraph may be charged with a violation of Section 16-11-620. In addition to the penalties provided in Section 16-11-620, a person convicted of a second or subsequent violation of the provisions of this paragraph must have his permit revoked for a period of one year. The prohibition contained in this section does not apply to persons specified in Section 16-23-20, item (1).
(C) In addition to the provisions of subsection (B), a public or private employer or the owner of a business may post a sign regarding the prohibition or allowance on those premises of concealable weapons, whether concealed or openly carried, which may be unique to that business.
HISTORY: 1996 Act No. 464, Section 8; 2021 Act No. 66 (H.3094), Section 4, eff August 15, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
Effect of Amendment
2021 Act No. 66, Section 4, inserted the (A) and (B) designators; in (A), in (1), inserted ", whether concealed or openly carried," following "concealable weapon", and in (2), inserted ", whether concealed or openly carried," following "concealable weapon"; in (B), in the first sentence, inserted ", whether concealed or openly carried," following "concealable weapons", and in the second sentence, inserted ", whether concealed or openly carried," following "concealable weapon"; and added (C).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-225. Carrying concealed weapons into residences or dwellings.

No person who holds a permit issued pursuant to Article 4, Chapter 31, Title 23 may carry a concealable weapon into the residence or dwelling place of another person without the express permission of the owner or person in legal control or possession, as appropriate. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars or imprisoned for not more than one year, or both, at the discretion of the court and have his permit revoked for five years.
HISTORY: 1996 Act No. 464, Section 12.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-230. Carrying concealed weapons between automobile and accommodation.

Notwithstanding any provision of law, any person may carry a concealable weapon from an automobile or other motorized conveyance to a room or other accommodation he has rented and upon which an accommodations tax has been paid.
HISTORY: 1996 Act No. 464, Section 14.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-232. Carrying concealable weapons on premises of certain schools leased by churches.

(A) Notwithstanding any other provision of law, upon express permission given by the appropriate church official or governing body, a person who holds a valid permit issued pursuant to this article may carry a concealable weapon, whether concealed or openly carried, on the leased premises of an elementary or secondary school if a church leases the school premises or areas within the school for church services or official church activities.
(1) The provisions contained in this section apply:
(a) only during those times that the church has the use and enjoyment of the school property pursuant to its lease with the school; and
(b) only to the areas of the school within the lease agreement, any related parking areas, or any reasonable ingress or egress between these areas.
(2) A school district may request that a church utilizing school property for its services disclose and notify the school district if persons are, or may be, carrying concealed weapons on the school property.
(3) The provisions of this section do not apply during any time students are present as a result of a curricular or extracurricular school-sponsored activity that is taking place on the school property.
(B) For the purposes of the Federal Gun-Free School Zone Act (18 U.S.C. Section 921(a)), the buildings and grounds of a school that are leased to a church are not considered a school during the hours that the church has the use and enjoyment of the school property pursuant to this section.
HISTORY: 2021 Act No. 66 (H.3094), Section 7, eff August 15, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-235. Sign requirements.

(A) Notwithstanding any other provision of this article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealable weapon, whether concealed or openly carried, upon any premises shall only be satisfied by a sign expressing the prohibition in both written language interdict and universal sign language.
(B) All signs must be posted at each entrance into a building where a concealable weapon permit holder is prohibited from carrying a concealable weapon, whether concealed or openly carried, and must be:
(1) clearly visible from outside the building;
(2) eight inches wide by twelve inches tall in size;
(3) contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black one-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;
(4) contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a forty-five degree angle from the horizontal;
(5) a diameter of a circle; and
(6) placed not less than forty inches and not more than sixty inches from the bottom of the building's entrance door.
(C) If the premises where concealable weapons are prohibited does not have doors, then the signs contained in subsection (A) must be:
(1) thirty-six inches wide by forty-eight inches tall in size;
(2) contain the words "NO CONCEALABLE WEAPONS ALLOWED" in black three-inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign;
(3) contain a black silhouette of a handgun inside a circle thirty-four inches in diameter with a diagonal line that is two inches wide and runs from the lower left to the upper right at a forty-five degree angle from the horizontal and must be a diameter of a circle whose circumference is two-inches wide;
(4) placed not less than forty inches and not more than ninety-six inches above the ground;
(5) posted in sufficient quantities to be clearly visible from any point of entry onto the premises.
(D) Nothing in this section prevents a public or private employer or owner of a business from posting a sign regarding the prohibition or allowance on those premises of concealable weapons, whether concealed or openly carried, which may be unique to that business.
HISTORY: 1996 Act No. 464, Section 13; 2002 Act No. 274, Section 5; 2021 Act No. 66 (H.3094), Section 5, eff August 15, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
Effect of Amendment
2021 Act No. 66, Section 5, in (A) and (B), inserted ", whether concealed or openly carried," following "concealable weapon"; made a nonsubstantive change in (C); and added (D).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-240. Persons allowed to carry concealable weapons within the State.

Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State:
(1) active Supreme Court justices;
(2) active judges of the court of appeals;
(3) active circuit court judges;
(4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges;
(7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges;
(11) active solicitors and assistant solicitors;
(12) active workers' compensation commissioners; and
(13) the Attorney General and assistant attorneys general.
HISTORY: 1998 Act No. 297, Section 5; 2021 Act No. 66 (H.3094), Section 11, eff August 15, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
Effect of Amendment
2021 Act No. 66, Section 11, in the first undesignated paragraph, deleted ", when carrying out the duties of their office" from the end, made nonsubstantive changes in (11) and (12), and added (13).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-250. State cannot be compelled by federal government to take any action that limits carrying concealable weapons; evaluation of federal laws by Attorney General.

(A) The State of South Carolina, and its political subdivisions, cannot be compelled by the federal government to take any legislative or executive action to implement or enforce a federal law, treaty, executive order, rule, or regulation related to an individual's right to keep and bear arms enshrined in the Second Amendment to the United States Constitution that limits or proscribes carrying concealable weapons, whether concealed or openly carried, as provided in this chapter.
(B) Any federal law, treaty, executive order, rule, or regulation related to limiting or proscribing the carry of concealable weapons must be evaluated by the Attorney General. The Attorney General shall issue a written opinion of whether the law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A).
(C) If the Attorney General renders an opinion that a federal law, treaty, executive order, rule, or regulation purports to compel legislative or executive action prohibited pursuant to subsection (A), then:
(1) no public funds of this State, or any political subdivision of this State, shall be allocated for the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation;
(2) no personnel or property of this State, or any political subdivision of this State, shall be allocated to the implementation or enforcement of that federal law, treaty, executive order, rule, or regulation; and
(3) no official, agent, or employee of the State of South Carolina, or any political subdivision of it, shall implement, attempt to implement, enforce, or attempt to enforce that federal law, treaty, executive order, rule, or regulation.
HISTORY: 2021 Act No. 66 (H.3094), Section 9.A, eff May 17, 2021.
Editor's Note
2021 Act No. 66, Section 1, provides as follows:
"SECTION 1. This act may be cited as the 'Open Carry With Training Act'."
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-320. Exceptions to application of article.

The provisions of this article shall not apply to the Army, Navy, or Air Force of the United States, the National Guard, and organizations authorized by law to purchase or receive machine guns, military firearms, or sawed-off shotguns or sawed-off rifles, from the United States or from this State and the members of such organizations. Any peace officer of the State or of any county or other political subdivision thereof, state constable, member of the highway patrol, railway policeman or warden, superintendent, head keeper or deputy of any state prison, penitentiary, workhouse, county jail, city jail, or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases or person on duty in the postal service of the United States or any common carrier while transporting direct to any police department, military, or naval organization or person authorized by law to possess or use a machine gun, or sawed-off shotgun or sawed-off rifle, may possess machine guns, or sawed-off shotguns or sawed-off rifles, when required in the performance of their duties. Nor shall the provisions hereof be construed to apply to machine guns, or sawed-off shotguns or sawed-off rifles, kept for display as relics and which are rendered harmless and not usable.
The provisions of this article shall not apply to any manufacturer of machine guns or military firearms licensed pursuant to the provisions of 18 U. S. C. Section 921 et seq., nor to any common or contract carrier transporting or shipping any machine guns or military firearms to or from such manufacturer if the transportation or shipment is not prohibited by federal law. Any such manufacturer shall furnish to the South Carolina Law Enforcement Division the serial numbers of all machine guns or military firearms manufactured by it within thirty days of such manufacture and shall be subject to the penalties provided in Section 23-31-340 for noncompliance.
HISTORY: 1962 Code Section 16-125; 1952 Code Section 16-125; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1978 Act No. 541, Section 4; 1990 Act No. 564, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-330. Application and registration of person allowed to possess machine gun or sawed-off shotgun or rifle.

(A) Every person permitted by Section 23-31-320 to possess a machine gun or sawed-off shotgun or sawed-off rifle, and any person elected or appointed to any office or position which entitles the person to possess a machine gun or sawed-off shotgun or sawed-off rifle, upon taking office, shall file with the State Law Enforcement Division on a blank to be supplied by the division on request an application which is properly sworn. The application must be approved by the sheriff of the county in which the applicant resides or has his principal place of business and include the applicant's name, residence and business address, physical description, whether or not ever charged or convicted of any crime, municipal, state, or otherwise, and where, if charged, and when it was disposed of. The applicant shall also give a description including the serial number and make of the machine gun or sawed-off shotgun or sawed-off rifle which he possesses or desires to possess. The State Law Enforcement Division shall file the application in its office. The division shall register the applicant together with the information required in the application in a book or index to be kept for that purpose, assign to him a number, and issue to him a card which shall bear the signature of the applicant and which he shall keep with him while he has the machine gun or sawed-off shotgun or sawed-off rifle in his possession. This registration must be made on the date application is received and filed with the division. The registration expires on December thirty-first of the year in which the license is issued.
(B) No permit or registration required by the provisions of this section is required where weapons are possessed by a governmental entity which has a significant public safety responsibility for the protection of life or property.
HISTORY: 1962 Code Section 16-126; 1952 Code Section 16-126; 1942 Code Section 1258-1; 1934 (38) 1288; 1975 (59) 135; 1988 Act No. 492, Section 2; 1990 Act No. 564, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-340. Penalties.

A person who violates the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.
HISTORY: 1962 Code Section 16-127; 1952 Code Section 16-127; 1942 Code Section 1258-1; 1934 (38) 1288; 1960 (51) 1602; 1975 (59) 135; 1990 Act No. 564, Section 2; 1993 Act No. 184, Section 58.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-360. Unregistered possession of machine guns or military firearms by licensed manufacturer.

Machine guns or military firearms manufactured by a firm licensed by the federal government and subject to the Federal Gun Control Act may be legally possessed by the manufacturer without being registered with the State Law Enforcement Division. The manufacturing firm shall furnish to SLED the serial numbers of all machine guns or military firearms manufactured by it within thirty days of their manufacture and it is subject to the penalties provided in Section 23-31-340 for noncompliance.
HISTORY: 1978 Act No. 541, Section 2; 1990 Act No. 564, Section 2; 1993 Act No. 184, Section 59.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-370. Special limited license for possession, transportation, and sale of machine guns; violations and penalties.

(a) The South Carolina Law Enforcement Division may issue a special limited license for the possession, transportation, and sale of machine guns in this State to persons: (1) who are authorized representatives of a machine gun manufacturer or dealer engaged in demonstrating and selling them to agencies authorized by law to possess them, or (2) who are engaged in professional movie-making or providing services to professional movie-makers who use machine guns as regulated by this article in the course of creating movie "special effects".
(b) Applications for the special license authorized by this section must be on a form prescribed by the division, duly sworn to, containing the applicant's name, business and residence address, a record of any criminal charges filed against the applicant in the United States for other than traffic law violations and the disposition of the charges, a description of the machine guns to be possessed, transported, or sold in this State, including their make and serial numbers, the sites within the State to which the machine guns will be transported, and such other information the division considers necessary to implement this section.
(c) The division may issue a special license pursuant to this section if it determines that the applicant has not been convicted of any offense other than traffic violations and the applicant clearly qualifies under item (1) or (2) of subsection (a). The special license is valid for a specified period not to exceed six months which must be stated on the license.
(d) Any person who knowingly and wilfully makes any false statement for the purpose of obtaining the special license or who violates its terms, in addition to any other penalty provided by law, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than two years, or both.
HISTORY: 1986 Act No. 532, Section 8B; 1990 Act No. 564, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-400. Definitions; unlawful use of firearm; violations.

(A) As used in this article:
(1) "Use a firearm" means to discharge a firearm.
(2) "Serious bodily injury" means a physical condition which creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
(B) It is unlawful for a person who is under the influence of alcohol or a controlled substance to use a firearm in this State.
(C) A person who violates the provisions of subsection (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars or imprisoned not more than two years.
(D) This article does not apply to persons lawfully defending themselves or their property.
HISTORY: 1996 Act No. 464, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-410. Blood and urine testing.

(A) A person who uses a firearm within this State shall submit to a SLED-approved breath test to determine the alcoholic content of the blood and to a urine test to detect the presence of a controlled substance if there is probable cause to believe that the person was using a firearm while under the influence of alcohol or a controlled substance or if the person is arrested lawfully for an offense allegedly committed while he was using a firearm while under the influence of alcohol or a controlled substance. The breath or urine test must be administered at the request of a law enforcement officer who has probable cause to believe the person was using the firearm while under the influence of alcohol or a controlled substance. The administration of either test shall not preclude the administration of the other test. The refusal to submit to a breath or urine test upon the request of a law enforcement officer pursuant to this section is admissible into evidence in a criminal proceeding.
(B) If the arresting officer does not request a breath or urine test of the person arrested for an offense allegedly committed while the person was using a firearm while under the influence of alcohol or a controlled substance, the person may request the arresting officer to have a breath test made to determine the alcohol content of the person's blood or a urine test for the purpose of determining the presence of a controlled substance. The failure of the person who requests a breath or urine test to actually be so tested shall bar the prosecution of the person for using a firearm while under the influence of alcohol or a controlled substance.
(C) The provisions of Section 56-5-2950 relating to the administration of tests for determining the weight of alcohol in an individual's blood, additional tests at the individual's expense, availability of test information to the individual or the individual's attorney, and liability of medical institutions and persons administering the tests are applicable to this section.
(D) The results of a test administered pursuant to this section for the purpose of detecting the presence of a controlled substance are not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
(E) Information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for this information.
HISTORY: 1996 Act No. 464, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-415. Testing following death or serious personal injury; effect of refusal; evidentiary use.

(A) If a law enforcement officer has probable cause to believe that a person used a firearm while under the influence of alcohol or a controlled substance and caused the death or serious bodily injury of an individual, the person shall submit, upon the request of the law enforcement officer, to a test of his blood for the purpose of determining its alcohol content or for the presence of a controlled substance.
(B) A criminal charge resulting from the incident precipitating the officer's demand for testing should be tried concurrently with a charge of a violation of Section 23-31-400. If the charges are tried separately, the fact that the person refused, resisted, obstructed, or opposed testing is admissible at the trial of the criminal offense which precipitated the demand for testing.
(C) The results of any test administered pursuant to this section for the purpose of detecting the presence of a controlled substance is not admissible as evidence in a criminal prosecution for the possession of a controlled substance.
Notwithstanding another provision of law pertaining to the confidentiality of hospital records or other medical records, information obtained pursuant to this section must be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of Section 23-31-400 upon request for such information.
HISTORY: 1996 Act No. 464, Section 2.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 31 - Firearms › Section 23-31-420. Presumptions.

(A) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while using a firearm while under the influence of alcohol or a controlled substance, the results of any test administered pursuant to Section 23-31-410 or 23-31-415 and this section are admissible into evidence, and the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood or breath, creates the following presumptions:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in the person's blood, it must be presumed that the person was not under the influence of alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than eight one-hundredths of one percent by weight of alcohol in the person's blood, this fact does not give rise to any inference that the person was or was not under the influence of alcohol to the extent that his normal faculties were impaired, but this fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.
(3) If there was at that time eight one-hundredths of one percent or more by weight of alcohol in the person's blood, this fact creates an inference that the person was under the influence of alcohol.
(B) The percent by weight of alcohol in the blood must be based upon grams of alcohol per one-hundred milliliters of blood. The provisions of this section must not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol.
HISTORY: 1996 Act No. 464, Section 2; 2003 Act No. 61, Section 1.