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    The newly passed Constitutional Carry Act allows individuals to openly carry firearms without a permit unless in prohibited areas. It prohibits searching, detaining, or arresting individuals solely for openly carrying legally. Those convicted of crimes carrying more than 1 year in prison cannot possess firearms, excluding misdemeanors carrying 5 years or less. Business owners can restrict firearms on their property with proper signage, with first-time violators facing trespassing charges. The Act also clarifies where lawful concealed carry is permitted.

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    Constitutional Carry Summary from Fifteenth Judicial Circuit Solicitor's Office

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    The newly passed Constitutional Carry Act allows individuals to openly carry firearms without a permit unless in prohibited areas. It prohibits searching, detaining, or arresting individuals solely for openly carrying legally. Those convicted of crimes carrying more than 1 year in prison cannot possess firearms, excluding misdemeanors carrying 5 years or less. Business owners can restrict firearms on their property with proper signage, with first-time violators facing trespassing charges. The Act also clarifies where lawful concealed carry is permitted.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    18K views2 pages

    Constitutional Carry Summary

    Uploaded by

    ABC15 News
    The newly passed Constitutional Carry Act allows individuals to openly carry firearms without a permit unless in prohibited areas. It prohibits searching, detaining, or arresting individuals solely for openly carrying legally. Those convicted of crimes carrying more than 1 year in prison cannot possess firearms, excluding misdemeanors carrying 5 years or less. Business owners can restrict firearms on their property with proper signage, with first-time violators facing trespassing charges. The Act also clarifies where lawful concealed carry is permitted.

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    CONSTITUTIONAL CARRY SUMMARY

    Following is a summary of the newly signed Second Amendment Preservation Act, or


    “Constitutional Carry Act.” This in no way encompasses all or every conceivable scenario with
    which law enforcement or prosecutors may faced. It is the advice of the Solicitor’s Office that
    all Law Enforcement personnel read and understand these statutes and how some parts are
    interrelated to other statutes in the SC code of laws.

    1. SOME MAIN POINTS OF THE LAW

    • A person who is not otherwise prohibited may lawfully store a firearm


    ANYWHERE in a vehicle, whether occupied or unoccupied
    • Anyone not otherwise prohibited can open carry without a permit, unless the
    particular premises is exempted by statute or property owner
    • Under 23-31-245, a person who is openly carrying a firearm DOES NOT give LE
    reasonable suspicion or probable cause to search, detain, or arrest that person.
    Merely carrying a weapon in accordance with the new law is not sufficient to
    justify a detention, search, or arrest of a person
    o You can still detain, etc. if you have reasonable suspicion or PC of another
    crime

    2. FELON IN POSSESSION -- Under 16-23-500, it is unlawful for a person who has been
    convicted of which carries more than 1 year in prison to possess a firearm or ammo
    a. Removes statutory requirement of a statutory violent crime conviction
    b. “Crime which carries more than one year” has a specific definition
    i. Does not include a conviction from this or any other state that relates to
    regulation of business practices
    ii. Does not include a conviction from this or any other state which is
    classified as a misdemeanor, AND which carries 5 years or less
    1. For example, A&B 2nd carries 3 years, but it is classified as a
    misdemeanor, so it would not count under this statute
    c. Graduated punishment ( all are felonies )
    i. 1st – 0 – 5 years
    ii. 2nd – 5 – 20 years
    iii. 3rd – 10 – 30 years

    3. Business and property owners and proprietors can still restrict people from coming into
    their property with firearms
    a. Does not apply to regular salaried LEO’s and Constables
    4. If a business has a “No concealed weapons” sign that complies with the statute relating to
    signage, and a person violates that owner’s wishes by carrying on their property, for a 1 st
    offense, that person can only be charged under 16-11-620
    a. 16-11-620 is a trespassing statute that is a misdemeanor punishable by 30 days
    and/or up to $200.00
    b. They must have bene warned, or refused to leave after having been warned

    5. Violations of 16-23-20 are now graduating offenses


    a. 1st – misdemeanor, up to 1 year and/or up to $1,000
    b. 2nd – misdemeanor – up to 3 years
    c. 3rd – felony – up to 5 years

    6. Notwithstanding any other provision of law, certain people can carry anywhere
    a. Active judges on all levels
    b. Active solicitors or public defenders
    c. Active worker’s comp. commissioners
    d. Active clerks of court

    7. You cannot possess a firearm on school property of any description, or on property or


    premises of any public building
    a. UNLESS – the firearm is inside of an attended or locked motor vehicle AND is
    secured in a closed glove compartment, closed console, closed trunk, or in a
    closed container secured by an integral fastener and transported in the luggage
    compartment of the vehicle
    b. No included in the definition of property or premises in this section are the streets,
    roads, roadways or other rights of way that are opened full time to vehicular
    traffic
    i. For example, University Blvd. on the CCU campus

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