The following information is extracted from South Carolina law governing the possession,
carrying and use of handguns and, in some cases, other firearms, as amended May
28, 2002. This document is not an official copy of South Carolina law and is subject
to change without notice.
SOUTH CAROLINA FIREARMS LAWS
SECTION 16-23-20. Unlawful carrying
of pistol; exceptions.
It is unlawful for anyone to carry about the person any pistol, whether concealed
or not, except as follows:
(1) Regular, salaried law enforcement officers and reserve police officers of a
municipality or county of the State, uncompensated Governor’s constables, law enforcement
officers of the federal government or other states when they are carrying out official
duties while in this State, deputy enforcement officers of the Natural Resources
Enforcement Division of the Department of Natural Resources, and retired commissioned
law enforcement officers employed as private detectives or private investigators.
(2) Members of the Armed Forces of the United States or of the National Guard, organized
reserves, or the State Militia when on duty.
(3) Members of organizations authorized by law to purchase or receive firearms from
the United States or this State, or regularly enrolled members of clubs organized
for the purpose of target shooting or collecting modern and antique firearms while
these members are at or going to or from their places of target practice or their
shows and exhibits.
(4) Licensed hunters or fishermen while engaged in hunting or fishing or going to
or from their places of hunting or fishing.
(5) Any person regularly engaged in the business of manufacturing, repairing, repossession,
or dealing in firearms, or the agent or representative of this person while possessing,
using, or carrying a pistol in the usual or ordinary course of the business.
(6) Guards engaged in protection of property of the United States or any agency
(7) Any authorized military or civil organizations while parading or the members
thereof when going to and from the places of meeting of their respective organizations.
(8) Any person in his home, or upon his real property, or fixed place of business.
(9) Any person in a vehicle where the pistol is secured in a closed glove compartment,
closed console, or closed trunk.
(10) Any person carrying a pistol unloaded and in a secure wrapper from the place
of purchase to his home or a fixed place of business or while in the process of
the changing or moving of one’s residence or the changing or moving of his fixed
place of business.
(11) Any prison guard while engaged in his official duties.
(12) Any person who is granted a permit under provision of law by the State Law
Enforcement Division to carry a pistol about his person, under conditions set forth
in the permit. Persons authorized to carry weapons pursuant to items (6) and
(12) of this section may exercise this privilege only after acquiring a permit
(CWP) from the State Law Enforcement Division as provided for in Article 4 of
Chapter 31 of Title 23.
SECTION 16-23-420. Carrying or displaying firearms in public buildings
or areas adjacent thereto.
(A) It is unlawful for a person to carry onto any premises or property owned, operated,
or controlled by a private or public school, college, university, technical college,
other post-secondary institution, or into
any publicly-owned building a firearm of any kind, without the express permission
of the authorities in charge of the premises or property.
(B) It is unlawful for a person to enter the premises or property described in subsection
(A) and to display, brandish, or threaten others with a firearm.
(C) A person who violates the provisions of this section is guilty of a felony and,
upon conviction, must be fined not more than five thousand dollars or imprisoned
not more than five years, or both.
(D) This section does not apply to a guard, law enforcement officer, or member of
the armed forces, or student of military science. A married student residing in
an apartment provided by the private or public school whose presence with a weapon
in or around a particular building is authorized by persons legally responsible
for the security of the buildings is also exempted from the provisions of this section.
(E) For purposes of this section, the terms “premises” and “property” do not include
state or locally owned or maintained roads, streets, or rights-of-way of them, running
through or adjacent to premises or property owned, operated, or controlled by a
private or public school, college, university, technical college, or other post-secondary
institution, which are open full time to public vehicular traffic.
(F) This section does not apply to a person who is authorized to carry concealed
weapons pursuant to Article 4, Chapter 31 of Title 23 (CWP) when upon any premises,
property, or building that is part of an interstate highway rest area facility.
SECTION 16-23-430. Carrying weapons
on school property.
(1) It shall be unlawful for any person, except State, county or municipal law-enforcement
officers or personnel authorized by school officials, to carry on his person, while
on any elementary or secondary school property, a knife, with a blade over two inches
long, a blackjack, a metal pipe or pole, firearms (of any type) or any other type
of weapon, device or object which may be used to inflict bodily injury or death.
(2) A person who violates the provisions of this section is guilty of a felony and,
upon conviction, must be fined not more than one thousand dollars or imprisoned
not more than five years, or both. Any weapon or object used in violation of
this section may be confiscated by the law enforcement division making the arrest.
SECTION 16-23-460. Carrying concealed
weapons; forfeiture of weapons.
Any person carrying a deadly weapon usually used for the infliction of personal
injury concealed about his person is guilty of a misdemeanor, must forfeit to the
county, or, if convicted in a municipal court, to the municipality the concealed
weapon, and must be fined not less than two hundred dollars nor more than five hundred
dollars or imprisoned not less than thirty days nor more than ninety days. Nothing
herein contained may be construed to apply to (1) persons carrying concealed
weapons upon their own premises or pursuant to and in compliance with Article 4 of
Chapter 31 of Title 23 (CWP), or (2) peace officers in the actual discharge of
their duties. The provisions of this section do not apply to rifles, shotguns,
dirks, slingshots, metal knuckles, or razors unless they are used with the intent
to commit a crime or in furtherance of a crime.
SECTION 16-23-465. Additional penalty
for unlawfully carrying pistol or firearm into business selling alcoholic liquors,
beers or wines for on-premises consumption.
In addition to the penalties provided for by Sections 16-11-330 and 16-23-460 and
by Article 1 of Chapter 23 of Title 16, a person convicted of carrying a pistol
or firearm into a business which sells
alcoholic liquor, beer, or wine for consumption on the premises is guilty of a misdemeanor
and, upon conviction, must be fined not more than two thousand dollars or imprisoned
not more than three years, or both.
In addition to the penalties described above, a person who violates this section
while carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23,
must have his concealed weapon permit revoked.
CONCEALABLE WEAPON PERMITS
SECTION 23-31-210. Definitions.
As used in this article:
(1) “Resident” means an individual
who is present in South Carolina with the intention of making a permanent home in
South Carolina or military personnel on permanent change of station orders.
(2) “Picture identification”
(a) a valid South Carolina
driver’s license; or
(b) an official photographic
identification card issued by the Department of Revenue, a federal or state law
enforcement agency, an agency of the United States Department of Defense, or United
States Department of State.
(3) “Proof of residence” means
a person’s current address on the original or certified copy of:
(a) a valid South Carolina
(b) an official identification
card issued by the Department of Revenue, a federal or state law enforcement agency,
an agency of the United States Department of Defense, or United States Department
(c) a voter registration
(d) another document
that SLED may determine that fulfills this requirement.
(4) “Proof of training” means
an original document or certified copy of the document supplied by an applicant
that certifies that he is either:
(a) a person who, within
three years before filing an application, has successfully completed a basic or
advanced handgun education course offered by a state, county, or municipal law enforcement
agency or a nationally recognized organization that promotes gun safety. This education
course must be a minimum of eight hours and must include, but is not limited to:
on the statutory and case law of this State relating to handguns and to the use
of deadly force;
on handgun use and safety;
on the proper storage practice for handguns with an emphasis on storage practices
that reduces the possibility of accidental injury to a child; and
actual firing of the handgun in the presence of the instructor;
(b) an instructor certified
by the National Rifle Association or another SLED-approved competent national organization
that promotes the safe use of handguns;
(c) a person who can
demonstrate to the Director of SLED or his designee that he has a proficiency in
both the use of handguns and state laws pertaining to handguns;
(d) an active duty police
(e) a person who has
a SLED-certifiedor approved competitive handgun shooting classification; or
(f) a member of the active
or reserve military, or a member of the National Guard who has had handgun training
in the previous three years.
SLED shall promulgate regulations containing general guidelines for courses and
qualifications for instructors which would satisfy the requirements of this
item. For purposes of sub-items (a) and (b), ‘proof of training’ is not satisfied
unless the organization and its instructors meet or exceed the guidelines and
qualifications contained in the regulations promulgated by SLED pursuant to
(5) “Concealable weapon” means
a firearm having a length of less than twelve inches measured along its greatest
dimension that must be carried in a manner that is hidden from public view in normal
wear of clothing except when needed for self-defense, defense of others, and the
protection of real or personal property.
SECTION 23-31-215. Issuance of permits.
(A) Notwithstanding any other provision of law, except subject to subsection (B)
of this section, SLED must issue a permit, which is no larger than three and one-half
inches by three inches in size, to carry a concealable weapon to a resident who
is at least twenty-one years of age and who is not prohibited by state law from
possessing the weapon upon submission of:
(1) a completed application signed
by the person;
(2) one current full face color
photograph of the person, not smaller than one inch by one inch nor larger than
three inches by five inches;
(3) proof of residence;
(4) proof of actual or corrected
vision rated at 20/40 within six months of the date of application or, in the case
of a person licensed to operate a motor vehicle in this State, presentation of a
valid driver’s license;
(5) proof of training;
(6) payment of a fifty-dollar
application fee. This fee must be waived for disabled veterans and retired law enforcement
(7) a complete set of fingerprints
unless, because of a medical condition verified in writing by a licensed medical
doctor,a complete set of fingerprints is impossible to submit. In lieu of the
submission of fingerprints, the applicant must submit the written statement from
a licensed medical doctor specifying the reason or reasons why the applicant’s
fingerprints may not be taken. If all other qualifications are met, the Director
of SLED may waive the fingerprint requirements of this item. The statement of
medical limitation must be attached to the copy of the application retained by
SLED. A law enforcement agency may charge a fee not to exceed five dollars for
fingerprinting an applicant.
(B) Upon submission of the items required by subsection (A) of this section, SLED
must conduct or facilitate a local, state, and federal fingerprint review of the
applicant. SLED must also conduct a background check of the applicant through notification
to and input from the sheriff of the county where the applicant resides. The sheriff
must, within ten working days after notification by SLED, submit a recommendation
on an application. Before making a determination whether or not to issue a permit
under this article, SLED must consider the recommendation provided pursuant to this
subsection. The failure of the sheriff to submit a recommendation within the ten-day
period constitutes a favorable recommendation for the issuance of the permit to
the applicant. If the fingerprint review and background check are favorable, SLED
must issue the permit.
(C) SLED shall issue a written statement to an unqualified applicant specifying
its reasons for denying the application within ninety days from the date the application
was received; otherwise, SLED shall issue a concealable weapon permit. If an applicant
is unable to comply with the provisions of Section 23-31-210(4), SLED shall offer
the applicant a handgun training course that satisfies the requirements of Section
23-31-210(4)(a). The course shall cost fifty dollars. SLED shall use the proceeds to
defray the training course’s operating costs. If a permit is granted by operation
of law because an applicant was not notified of a denial within the ninety-day
notification period, the permit may be revoked upon written notification from
SLED that sufficient grounds exist for revocation or initial denial.
(D) Denial of an application may be appealed. The appeal must be in writing and
state the basis for the appeal. The appeal must be submitted to the Chief of SLED
within thirty days from the date the denial notice is received. The chief shall
issue a written decision within ten days from the date the appeal is received. An
adverse decision shall specify the reasons for upholding the denial and may be reviewed
by the Administrative Law Judge Division pursuant to Article 5, Chapter 23 of Title
1, upon a petition filed by an applicant within thirty days from the date of delivery
of the division’s decision.
(E) SLED must make permit application forms available to the public. A permit application
form shall require an applicant to supply:
(1) name, including maiden name
(2) date and place of birth;
(7) eye and hair color;
(8) current residence address; and
(9) all residence addresses for
the three years preceding the application date.
(F) The permit application form shall require the applicant to certify that:
(1) he is not a person prohibited
under state law from possessing a weapon;
(2) he understands the permit
is revoked and must be surrendered immediately to SLED if the permit holder becomes
a person prohibited under state law from possessing a weapon;
(3) he is a resident of this
State or he is military personnel on permanent change of station orders;
(4) all information contained
in his application is true and correct to the best of his knowledge.
(G) Medical personnel, law enforcement agencies, organizations offering handgun
education courses pursuant to Section 23-31-210(4)(a), and their personnel, who
in good faith provide information regarding a person’s application, must be exempt
from liability that may arise from issuance of a permit;
provided, however, a weapons instructor must meet the requirements established
in Section 23-31-210(4)(b), (c), (d), (e), or (f) in order to be exempt from liability
under this subsection.
(H) A permit application must be submitted in person or by mail to SLED headquarters
which shall verify the legibility and accuracy of the required documents.
(I) SLED must maintain a list of all permit holders and the current status of each
permit. Upon request, SLED must release the list of permit holders or verify an
individual’s permit status. SLED may charge a fee not to exceed its costs in releasing
the information under this subsection.
(J) A permit is valid statewide unless revoked because the person has:
(1) become a person prohibited
under state law from possessing a weapon;
(2) moved his permanent residence
to another state;
(3) voluntarily surrendered the
(4) been charged with an offense
that, upon conviction, would prohibit the person from possessing a firearm. However,
if the person subsequently is found not guilty of the offense, then his permit must
be reinstated at no charge.
Once a permit is revoked, it must be surrendered to a sheriff, police department,
a SLED agent, or by certified mail to the Chief of SLED. A person who fails to surrender
his permit in accordance with this subsection is guilty of a misdemeanor and, upon
conviction, must be fined twenty-five dollars.
(K) A permit holder must have his permit identification card in his possession whenever
he carries a concealable weapon. When carrying
a concealable weapon pursuant to Article 4 of Chapter 31 of Title 23, a
permit holder must inform a law enforcement officer of the fact that he is a permit
holder and present the permit identification card when an officer (1) identifies
himself as a law enforcement officer and (2) requests identification or a driver’s
license from a permit holder. A permit holder immediately must report the loss or
theft of a permit identification card to SLED headquarters. A person who violates
the provisions of this subsection is guilty of a misdemeanor and, upon conviction,
must be fined twenty-five dollars.
(L) SLED shall issue a replacement for lost, stolen, damaged, or destroyed permit
identification cards after the permit holder has updated all information required
in the original application and the payment of a five-dollar replacement fee. Any
change of permanent address must be communicated in writing to SLED within ten days
of the change accompanied by the payment of a fee of five dollars to defray the
cost of issuance of a new permit. SLED shall then issue a new permit with the new
address. A permit holder’s failure to notify SLED in accordance with this subsection
constitutes a misdemeanor punishable by a twenty-five dollar fine. The original
permit shall remain in force until receipt of the corrected permit identification
card by the permit holder, at which time the original permit must be returned to
(M) A permit issued pursuant to this section does not authorize a permit holder
to carry a concealable weapon into a:
(1) police, sheriff, or highway
patrol station or any other law enforcement office or facility;
(2) detention facility, prison,
or jail or any other correctional facility or office;
(3) courthouse or courtroom;
(4) polling place on election
(5) office of or the business
meeting of the governing body of a county, public school district, municipality,
or special purpose district;
(6) school or college athletic
event not related to firearms;
(7) daycare facility or pre-school
(8) place where the carrying
of firearms is prohibited by federal law;
(9) church or other established
religious sanctuary unless express permission is given by the appropriate church
official or governing body; or
(10) hospital, medical clinic,
doctor’s office, or any other facility where medical services or procedures are
performed unless expressly authorized by the employer.
A person who willfully violates a provision of this subsection is guilty of a misdemeanor
and, upon conviction, must be fined not less than one thousand dollars or imprisoned
not more than one year, or both, at the discretion of the court and have his permit
revoked for five years.
Nothing contained herein may be construed to alter or affect the provisions of Sections
10-11-320, 16-23-420, 16-23-430, 16-23-465, 44-23-1080, 44-52-165, 50-9-830, and
(N) Valid out-of-state permits to carry concealable weapons held by a resident of
a reciprocal state must be honored by this State. SLED shall make a determination
as to those states which have permit issuance standards equal to or greater than
the standards contained in this article and shall maintain and publish a list of
those states as the states with which South Carolina has reciprocity.
The list is available at SLED headquarters, Regulatory Services Unit, 803-896-7014
or on the SLED Internet site at www.sled.state.sc.us.
(O) A permit issued pursuant to this article is not required for a person:
(1) specified in Section 16-23-20,items
(1) through (5) and items (7) through (11);
(2) carrying a self-defense device
generally considered to be non-lethal including the substance commonly referred
to as ‘pepper gas’;
(3) carrying a concealable weapon
in a manner not prohibited by law.
(P) A permit issued pursuant to this article is valid for four years. Subject to
subsection (Q) of this section, SLED shall renew a permit upon:
(1) payment of a fifty-dollar
renewal fee by the applicant. This fee must be waived for disabled veterans and
retired law enforcement officers;
(2) submission of one current
full face color photograph of the applicant not smaller than one inch by one inch
nor larger than three inches by five inches;
(3) a complete set of fingerprints
or medical waiver as evidenced in a statement of medical limitation as provided
in subsection (A). A law enforcement agency may charge a fee not to exceed five
dollars for fingerprinting an applicant.
(Q) Upon submission of the items required by subsection (P) of this section, SLED
must conduct or facilitate a local, state, and federal fingerprint review of the
applicant. If the background check is favorable, SLED must renew the permit.
(R) No provision contained within this article shall expand, diminish, or affect
the duty of care owed by and liability accruing to, as may exist at law immediately
before the effective date of this article, the owner of or individual in legal possession
of real property for the injury or death of an invitee, licensee, or trespasser
caused by the use or misuse by a third party of a concealable weapon. Absence of
a sign prohibiting concealable weapons shall not constitute negligence or establish
a lack of duty of care.
(S) Once a concealed weapon permit holder is no longer a resident of this State,
his concealed weapon permit is void, and immediately must be surrendered to SLED.
SECTION 23-31-216. Collection and retention
The State Law Enforcement Division shall collect, retain, and carry forward all
fees associated with the concealable weapon application, renewal, and replacement
of the permit, as provided for in this article.
SECTION 23-31-217. Effect on Section
Nothing in this article shall affect the provisions of Section 16-23-20.
SECTION 23-31-220. Right to allow or
permit concealed weapons upon premises;
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 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 upon his premises.
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 not be brought
upon the premises or into the work place.
A person who brings a concealable weapon 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.
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.
SECTION 23-31-230. Carrying concealed
weapons between automobile and accommodation.
Notwithstanding any provision of law, any person may carry a concealable weapon
from anautomobile or other motorized conveyance to a room or other accommodationhe
has rented and upon which an accommodations tax has been paid.
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 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 and must be:
(1) clearly visible from outside
(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
(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
(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.
SECTION 23-31-240. Persons allowed to
carry concealed weapon while on duty.
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, when carrying out the duties of their office:
(1) active Supreme Court justices;
(2) active judges of the court
(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
(11) active solicitors and assistant
(12) active workers’ compensation
USING A FIREARM WHILE UNDER THE INFLUENCE OF ALCOHOL OR A CONTROLLED SUBSTANCE
SECTION 23-31-400. Definitions; unlawful use of firearm;
(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
(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
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
(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.
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
(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 thissection must
be released to a court, prosecuting attorney, defense attorney,or law enforcement
officer in connection with an alleged violation of Section 23-31-400upon request
for such information.
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 is 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, shall create 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 ten one-hundredths
of one percent by weight of alcohol in the person’s blood, that fact shall 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 that fact may be considered
with other competent evidence in determining whether the person was under the influence
(3) If there was at that time
ten one-hundredths of one percent or more by weight of alcohol in the person’s blood,
this 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.
SECTION 23-31-510. Prohibition against
regulation of certain matters.
No governing body of any county, municipality, or other political subdivision in
this State may enact or promulgate any regulation or ordinance which regulates or
attempts to regulate the transfer, ownership, possession, carrying, or transportation
of firearms, ammunition, components of firearms, or any combination of these things.
SECTION 23-31-520. Matters subject to
This article does not affect the authority of any county, municipality, or political
subdivision to regulate the careless or negligent discharge or public brandishment
of firearms, nor does it prevent the regulation of the use, sale, transportation,
or public brandishment of firearms during the times of or a demonstrated potential
for insurrection, invasions, riots, or natural disasters.
STATE PARKS AND SPECIFIED OTHER STATE FACILITIES
SECTION 51-3-145. Certain acts unlawful
at state parks.
It shall be unlawful for any person to commit any of the following acts at any park
or facility under the jurisdiction of the Department of Parks, Recreation and Tourism:
… (G) Possess(ing) any firearm,
airgun, explosive, or firework except by duly authorized park personnel, law enforcement
officers, or persons using areas specifically designated by the department for use
of firearms, airguns, fireworks, or explosives. Licensed hunters may have firearms
in their possession during hunting seasons provided that such firearms are unloaded
and carried in a case or the trunk of a vehicle except that in designated game management
areas where hunting is permitted, licensed hunters may use firearms for hunting
in the manner authorized by law. This subsection
shall not apply to a person carrying a concealable weapon pursuant to Article 4,
Chapter 31, Title 23, and the concealable weapon and its ammunition.
PROHIBITED CARRY LOCATIONS
A Concealable Weapons Permit (CWP) holder is prohibited from carrying a handgun
at these locations:
Premises of private or public school, college, university, technical college, other
post-secondary institution (without express permission of person in charge of premises)(Section
16-23-420)(Felony - $5000 and/or 5 years imprisonment)
Inside public-owned buildings of any kind, except at Interstate highway rest areas
(Section 16-23-420)(Felony - $5000 and/or 5 years imprisonment)
Inside an establishment licensed for on-premises consumption of alcohol (Section
16-23-465)(Misdemeanor - $2000 and/or 3 years imprisonment)
Into a private residence without permission of owner or person in legal control
or possession, as appropriate (Section 23-31-225)(Misdemeanor - $1000 and/or 1 year
A place where carrying is prohibited by proper sign (Section 23-31-235)(Misdemeanor
- $200 or 30 days imprisonment)
A CWP does not authorize carrying a firearm:
Into a law enforcement office
Into a detention or correctional
Into a courthouse or courtroom
Into a polling place on election
Into an office or business meeting
of a governing body of a county, public school district, municipality, or special
Into a school or college athletic
event not related to firearms
Into a day care or pre-school
Into a place where carrying of
firearms is prohibited by federal law
Into a church or other established
religious sanctuary, except with express permission of the appropriate church official
or church governing body
Into a hospital, medical clinic,
doctor’s office, any facility where medical services or procedures are performed,
except (employees of the facility) with express permission of the employer
Violation of these provisions
is a misdemeanor – not less than $1000 and/or imprisonment for 1 year and revocation
of permit for 5 years.