Who Cannot Have A Gun
S.C. Code 16-23-500 and S.C. Code 16-23-30 — a crime punishable by more than one year, and the handgun list
A conviction punishable by more than one year. It is unlawful for a person convicted of a crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition in South Carolina. A first offense is a felony carrying up to five years, a second a mandatory minimum of five years and up to twenty, and a third or later a mandatory minimum of ten years and up to thirty.
- Offenses relating to antitrust, unfair trade practices, restraints of trade and similar regulation of business.
- Any offense classified as a misdemeanor and punishable by imprisonment of five years or less.
- A conviction that has been expunged or set aside, or for which a person has been pardoned or had civil rights restored, unless the pardon, expungement or restoration expressly says the person may not possess firearms.
Those are the convictions section 16-23-500 leaves out of the crimes it counts. A firearm involved in a violation is confiscated, and an innocent owner may have it released once the case is finally determined, on proof of ownership and a certification that it will not go back to the person charged.
- A person convicted of a crime of violence in any court of the United States or a state, territory or the District of Columbia.
- A fugitive from justice, a habitual drunkard, a drug addict, or a person adjudicated mentally incompetent.
- A member of a subversive organization.
- A person under the age of eighteen, apart from the military, militia and training exceptions the section names.
- A person a circuit judge or county court judge has adjudged unfit to carry or possess a firearm, after notice and a hearing.
Those are the people to whom section 16-23-30 bars selling or delivering a handgun, and the same people may not possess or acquire one in the state. A crime of violence there means murder, manslaughter other than negligent manslaughter from a traffic accident, rape, mayhem, kidnapping, burglary, robbery, housebreaking, and the assaults the definitions section lists.
Violating section 16-23-30 is a felony carrying a fine of up to $2,000 or up to five years, or both. A stolen handgun, or one with its serial number removed, may not be possessed by anyone. Federal law sets its own list of prohibited people, and it applies alongside. Whether a particular conviction counts is a question for a licensed South Carolina attorney.
Sources for this section (4)
- S.C. Code 16-23-500 — Unlawful possession of a firearm by a person convicted of violent offense
- S.C. Code 16-23-30 — Sale or delivery of handgun to and possession by certain persons unlawful
- S.C. Code 16-23-10 — Definitions
- S.C. Code 16-23-50 — Penalties; disposition of fines; forfeiture and disposition of handguns
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Carolina attorney.