Self Defense

No Duty to Retreat. CWP holder has no duty to retreat (this means back
up, give up ground or run away) if:

CWP holder has the right to be there.

Even if the aggressor has the right to be there.

CWP holder has fear of death or serious bodily injury to himself or
others.

CWP holder prevents death or serious bodily injury to himself or
others.

Escalation. If engaged in mutual combat or a duel and the
aggressor produces a weapon escalating the fight to a level that
could cause great bodily harm or death, then the CWP holder may
produce his weapon.

1
CWP HOLDER HAS NO RIGHT TO
USE DEADLY FORCE
(plea of self defense is gone) IF:

Engaged in mutual combat. Where both parties agree to fight.

Example: If a person punches a CWP holder and the CWP holder punches
him back, then CWP holder may not produce his weapon.

Dueling, challenging another to a fight.

Example: CWP holder is insulted by another and challenges him to a fight,
then CWP holder may not produce his weapon.

Engaged in an illegal act.

2
Ability
Your attacker must have the abilitythe physical, practical abilityto cause you
harm. Common sense applies here, as does context. A gun gives your attacker ability
(lethal ability, in fact); a knife gives ability as well. Indeed, most weapons qualify, all
the way down to glass bottles, baseball bats, and screwdrivers. While the latter are
not designed as weapons, if they are applied as such, they can certainly kill you just as
dead.
Other ability considerations include disparity in size or physical power between you
and your attackera very large man versus a very small man, a strong man versus a
cripple, a trained fighter versus a bookworm, a man versus a woman, all can apply.
And dont forget disparity in numbersfour men attacking one can very easily kill or
cripple, unless that one is a Hollywood action hero.

Most of the above are valid lethal force scenarios, but non-lethal force uses the same
standard. Just about anyone can punch you and break your nose, or break your arm,
or bruise your stomach.

In short, common sense is a more or less effective guide on this point. The important
question is simply whether, as far as you know, the attacker has the ability to harm
youkill or maim you, if you respond with lethal force, or lesser degrees of danger for
equivalently lesser uses of force.
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Opportunity
Although opportunity can be viewed as a subset of ability, it is an equally important
criterion. Basically, while your attacker may very well have the ability to cause you
harm, it means nothing unless he also has the opportunity to do soright here and
right now. After all, there are probably countless criminals in the world who could
kill you and might do so, given the chance; but they arent standing in front of you at
this moment, so they dont have that opportunity.

The biggest consideration here is range or proximity. Although a man with a gun is
considered dangerous at any reasonable distance, a man with a knife standing 300
feet away is not, simply because he cannot stab you from that far away. Yet there is
another factor, as well. If he were standing mere yards away, he still probably couldnt
reach you with his knife, but because it would only take him moments to approach you
and change that, he would still be considered dangerous. A common police standard
is to assume that a knife-wielding assailant is capable of covering 21 feet and striking
with the blade in 1.5 seconds. Mull on that time span.

Some other considerations may apply when it comes to Opportunity. For instance, is
a knife-wielding assailant behind a locked door a threat? Probably not. Therefore, if
you were to shoot him through the door, that would not be justifiable. On the other
hand, if he startedsuccessfullybreaking the door down, then he would promptly
become dangerous again. Again, use common sense.


4
Jeopardy
The most subjective factor of the AOJP analysis is the jeopardy requirement,
sometimes called imminent jeopardy. This criterion requires that, in your specific
situation, a reasonable and prudent person would have believed himself to be in
immediate danger.

In other words, jeopardy is what distinguishes between a potentially dangerous
situation and one that is actually dangerous. Hundreds of times every day, you walk
by people who could punch or stab or shoot you. The reason you arent defending
yourself against them is because you have no reason to think that they are actually
about to attack you. (Why would they?)

On the other hand, if someone screams a threat and points a gun at you, any sane
person would expect that behavior to indicate an intent to cause you harm.

Its important to recognize that you cannot actually know this persons intent; you are
not a mind reader. All you can judge is his outward appearance and demeanor, which,
in that case, are consistent with harmful intent. If it turns out that he was joking, or
lying, or the gun was fake, or he wouldnt actually have pulled the trigger, nothing
changes, because you could not have known those things.
5
Jeopardy
The other important qualifier to remember is that the jeopardy must be immediate. A
general threat to your well-being in the distant future is meaningless, but Im gonna
kill you right now! is meaningful.

Finally, its essential to understand that the immediate jeopardy condition can go
away at the drop of a hat. On the one hand, if you are attacked, beaten, and left lying
in an alley, you are not justified in shooting your attacker in the back as he walks
away, because he will have ceased to be a threat. On the other hand, if he turns
around and comes back for more, then the immediate jeopardy resumes. Jeopardy
can cease suddenly and unexpectedly if your attacker surrenders or clearly ceases to
be a threat (if you knock him unconscious, for instance, or he tries to run), and
continuing to use force in such situations can change your action from legal self-
defense to illegal battery in moments.

6
Preclusion
Preclusion is not so much an individual consideration as it is an all-encompassing lens
through which to view your actions. More complex than the others, it is nevertheless just
as important. It is the idea that, whatever the situation, you are expected to use force
only as a last resortthat is, only when the circumstances preclude all other options.

In other words, even when the ability, opportunity, and jeopardy criteria are satisfied,
and knowing that you must clearly do something to protect yourself, the use of force,
particularly lethal force, may only be that something if you have no other safe options.

The word safe is key there, because at no time does the law ever require you to choose
an action that endangers yourself. If you can run away or retreat, you should, but if doing
so would put you in harms way, you are not required to do so.

Preclusion is the factor that is missing in most self-defense arguments, and thus the
reason most fail. You must remember that you bear the burden of proof; until you prove
otherwise, the law merely sees two equal citizens in a dispute. You can say, He tried to
hit me, but then the police and the courts will ask, Why didnt you _____? You must
have no options to offer to fill in that blankthere must have been no other courses of
action you could have taken to maintain your safety except the use of force. Otherwise,
youre just fighting because you want to, and thats a crime.
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Preclusion
Does the Preclusion standard mean that an ultimatum like give me your money or Ill
hurt you requires you to, well, give him your money? Unless you honestly believe
that he may hurt you anyway, yes. The law values life and limb above property. Or
you can refuse, but you may not respond with a fist. Hes giving you a choice, which,
by definition, means that you still have options other than force.

The point is simply that you must exercise self-restraint to the greatest extent
possible. One vital aspect of this requirement concerns the appropriateness or degree
of the force you employ, or how well suited your response is to the threat itself. If a
man punches you, you probably cannot justifiably shoot him, because thats a lethal
response to a non-lethal attack. If a three-year-old punches you, you probably cannot
do anything at all. If, on the other hand, a 300-pound boxer punches you, you may be
justified in responding with deadly force, because his fists can be deadly as well.

Always remember:

The threat must be current, immediate, and unavoidable.
Your level of force must be appropriate to the threat.
Your use of force must stop when the threat ceases.
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Preclusion
Personal Defense Becomes Homicide

If at any point you smudge the first (current), exceed the second (immediate), or
forget the third (unavoidable), you are running the risk of a criminal indictmentand
if the results are glaring (e.g., you killed him), its nearly certain.

Knock your attacker overthen keep stomping on him while hes down and not
moving? Bad. Pull a knife and slashand keep slashing when your assailant pulls
away? Uh-oh; now youre not only breaking the rules, youre leaving defensive
wounds, a signature of cuts and marks which forensics experts will use to prove that
he was an unwilling victim.

DEADLY FORCE UPON ATTACKER IS JUSTIFIED WHEN CWP HOLDER:

NOT ENGAGED IN A CRIMINAL ACT

HAS THE RIGHT TO BE THERE

HAS FEAR OF DEATH OR SERIOUS BODILY HARM TO HIMSELF OR OTHERS

TO PREVENT DEATH OR SERIOUS BODILY INJURY TO HIMSELF OR OTHERS
9
CASTLE DOCTRINE and
SELF-DEFENSE
Generally, the Castle Doctrine provides that someone attacked in his home can use
reasonable force, which can include deadly force, to protect his or anothers life without
any duty to retreat from the attacker. It is defined differently in different states. The name
appears to have its origin in the English common law rules protecting a persons home and
the phrase ones home is ones castle

In recent years, a number of states have adopted or considered bills referred to as castle
doctrine bills. These bills expand the circumstances where a person can use self-defense
without retreating and contain other provisions, such as immunity for someone who legally
uses force in self-defense. These bills have also been called stand your ground bills.
15 states have adopted a castle doctrine bill in the last few years. These states are:
Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana,
Michigan, Mississippi, Oklahoma, South Carolina, and South Dakota. A number of other
states considered bills on this topic. In New Hampshire, the legislature passed a castle
doctrine bill but the governor vetoed it.

These castle doctrine bills contain a number of different provisions and the states vary in
which provisions they adopted. Some of these expanded the circumstances where force
could be used in self-defense. 10
The Law of Self Defense In South
Carolina:


Self Defense

The common law of self-defense in South Carolina is set forth in State v. Fuller, 297 S.C. 440,
377 S.E.2d 328 (1989). The elements (conditions that a person must meet in order to successfully
claim self-defense) of self-defense in South Carolina are:
you must be without fault in bringing on the difficulty;
you must actually believe you are in imminent danger of loss of life or serious bodily injury or
actually be in such danger;
if you believe you are in such danger, you must use deadly force only if a reasonable or prudent
man of ordinary firmness and courage would have believed himself to be in such danger, or, if
you actually were in such danger, the circumstances were such as would warrant a man of
ordinary prudence, firmness and courage to strike the fatal blow in order to save yourself from
serious bodily harm or losing your own life; and
you had no other probable means of avoiding the danger of losing your own life or sustaining
serious bodily injury than to act as you did in the particular instance.



11
12
Defense of Others

In State v. Hays, 121 S.C. 163, 168, 113 S.E. 362, 363 (1922), the Court approved a defense of others
instruction, as follows:
The right to take the life of an assailant during an unprovoked assault extends to any relative,
friend, or bystander if the use of deadly force is necessary to save the victim wrongfully assaulted
from imminent danger of being murdered by the assailant, if the assault is malicious and
unprovoked and with a deadly weapon, with the apparent malicious intention to take the life of the
victim and thereby commit murder, and if such murder is imminent, then any relative, friend, or
bystander has the right to take the life of the assailant if necessary to prevent such murder,
provided there was no other reasonable means of escape for the victim so assailed, and provided
both the person assailed and the person coming to his defense were without legal fault in bringing
on the difficulty.
South Carolina has adopted the so-called alter-ego rule with respect to the defense of others. In
State v. Cook, 78 S.C. 253, 59 S.E. 862 (1907), the Court summarized this rule:
If you intervene on behalf of another, you will not be allowed the benefit of the plea of self-defense,
unless that plea would have been available to the person you assisted if he himself had done the
killing.
In other words, the person intervening is deemed to stand in the shoes of the person on whose
behalf he is intervening. If that individual had the right to defend himself, then the intervening
party is also protected by that right. If, however, the party [victim] had no right to use forcethen
the intervening party will also assume the liability of the person on whose behalf he interfered.
McAninch and Fairey, p. 494.
The defense of others rules apply to any relative, friend or bystanders State v. Hays, supra.
The same principles of retreat and withdrawal apply as if the individual himself were acting in self-
defense rather than on behalf of someone else

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Defense of Property

in the protection of ones dwelling, only such force must be used as is necessary,
or apparently necessary, to a reasonably prudent man. Any greater expenditure
cannot be justifiable and is therefore punishable. State v. Hibler, 79 S.C. 170, 60 S.E.
438 (1907).
[t]he weight of modern authority limits deadly force in a defense of a dwelling to
situations in which the householder reasonably believes that the intruder intends to
commit a felony or only when deadly force would be authorized by the law of self-
defense.
SECTION 16-11-410. Citation of article.

This article may be cited as the "Protection of Persons and Property Act".

SECTION 16-11-420. Intent and findings of General Assembly.

(A) It is the intent of the General Assembly to codify the common law Castle Doctrine which
recognizes that a person's home is his castle and to extend the doctrine to include an occupied
vehicle and the person's place of business.

(B) The General Assembly finds that it is proper for law-abiding citizens to protect themselves,
their families, and others from intruders and attackers without fear of prosecution or civil action
for acting in defense of themselves and others.

(C) The General Assembly finds that Section 20, Article I of the South Carolina Constitution
guarantees the right of the people to bear arms, and this right shall not be infringed.

(D) The General Assembly finds that persons residing in or visiting this State have a right to
expect to remain unmolested and safe within their homes, businesses, and vehicles.

(E) The General Assembly finds that no person or victim of crime should be required to surrender
his personal safety to a criminal, nor should a person or victim be required to needlessly retreat
in the face of intrusion or attack.

Protection of Persons and Property Act South Carolina
Legislature
14
SECTION 16-11-430. Definitions.

As used in this article, the term:

(1) "Dwelling" means a building or conveyance of any kind, including an attached porch, whether the
building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it,
including a tent, and is designed to be occupied by people lodging there at night.

(2) "Great bodily injury" means bodily injury which creates a substantial risk of death or which causes
serious, permanent disfigurement, or protracted loss or impairment of the function of a bodily member
or organ.

(3) "Residence" means a dwelling in which a person resides either temporarily or permanently or is
visiting as an invited guest.
(tool sheds, detached garage, and other non-dwelling curtilage do not qualify).

(4) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport
people or property.

HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.

SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force
against another unlawfully entering residence, occupied vehicle or place of business.

(A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to
himself or another person when using deadly force that is intended or likely to cause death or great
bodily injury to another person if the person:


15
16
(1) against whom the deadly force is used is in the process of unlawfully and forcefully
entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or
if he removes or is attempting to remove another person against his will from the dwelling,
residence, or occupied vehicle; and

(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry
or unlawful and forcible act is occurring or has occurred.

(B) The presumption provided in subsection (A) does not apply if the person:

(1) against whom the deadly force is used has the right to be in or is a lawful resident of the
dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or
titleholder; or

(2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or
under the lawful guardianship, of the person against whom the deadly force is used; or

(3) who uses deadly force is engaged in an unlawful activity or is using the dwelling,
residence, or occupied vehicle to further an unlawful activity; or

(4) against whom the deadly force is used is a law enforcement officer who enters or
attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official
duties, and he identifies himself in accordance with applicable law or the person using force
knows or reasonably should have known that the person entering or attempting to enter is a
law enforcement officer.

17

(C) A person who is not engaged in an unlawful activity and who is attacked in another place
where he has a right to be, including, but not limited to, his place of business, has no duty to
retreat and has the right to stand his ground and meet force with force, including deadly
force, if he reasonably believes it is necessary to prevent death or great bodily injury to
himself or another person or to prevent the commission of a violent crime as defined in
Section 16-1-60.

(D) A person who unlawfully and by force enters or attempts to enter a person's dwelling,
residence, or occupied vehicle is presumed to be doing so with the intent to commit an
unlawful act involving force or a violent crime as defined in Section 16-1-60.

(E) A person who by force enters or attempts to enter a dwelling, residence, or occupied
vehicle in violation of an order of protection, restraining order, or condition of bond is
presumed to be doing so with the intent to commit an unlawful act regardless of whether
the person is a resident of the dwelling, residence, or occupied vehicle including, but not
limited to, an owner, lessee, or titleholder.
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SECTION 16-11-450. Immunity from criminal prosecution and civil actions; law
enforcement officer exception; costs.

(A) A person who uses deadly force as permitted by the provisions of this article or
another applicable provision of law is justified in using deadly force and is immune from
criminal prosecution and civil action for the use of deadly force, unless the person against
whom deadly force was used is a law enforcement officer acting in the performance of his
official duties and he identifies himself in accordance with applicable law or the person
using deadly force knows or reasonably should have known that the person is a law
enforcement officer.

(B) A law enforcement agency may use standard procedures for investigating the use of
deadly force as described in subsection (A), but the agency may not arrest the person for
using deadly force unless probable cause exists that the deadly force used was unlawful.

(C) The court shall award reasonable attorneys' fees, court costs, compensation for loss of
income, and all expenses incurred by the defendant in defense of a civil action brought by
a plaintiff if the court finds that the defendant is immune from prosecution as provided in
subsection (A).

19
SECTION 16-23-10. Definitions.

When used in this article:

(1) "Handgun" means any firearm designed to expel a projectile and designed to be fired from the hand,
but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's
item, or any that does not fire fixed cartridges.

(2) "Dealer" means any person engaged in the business of selling firearms at retail or any person who is
a pawnbroker.

(3) "Crime of violence" means murder, manslaughter (except negligent manslaughter arising out of
traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to
kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any
offense punishable by imprisonment for more than one year.

(4) "Fugitive from justice" means any person who has fled from or is fleeing from any law enforcement
officer to avoid prosecution or imprisonment for a crime of violence.

(5) "Subversive organization" means any group, committee, club, league, society, association, or
combination of individuals the purpose of which, or one of the purposes of which, is the establishment,
control, conduct, seizure, or overthrow of the government of the United States or any state or political
subdivision thereof, by the use of force, violence, espionage, sabotage, or threats or attempts of any of
the foregoing.

(6) "Conviction"' as used herein shall include pleas of guilty, pleas of nolo contendere, and forfeiture of
bail.
20
(7) "Division" means the State Law Enforcement Division.

(8) "Purchase" or "sell" means to knowingly buy, offer to buy, receive, lease, rent, barter, exchange,
pawn or accept in pawn.

(9) "Person" means any individual, corporation, company, association, firm, partnership, society, or
joint stock company.

(10) "Luggage compartment" means the trunk of a motor vehicle which has a trunk; however, with
respect to a motor vehicle which does not have a trunk, the term "luggage compartment" refers to
the area of the motor vehicle in which the manufacturer designed that luggage be carried or to the
area of the motor vehicle in which luggage is customarily carried. In a station wagon, van,
hatchback vehicle, truck, or sport utility vehicle, the term "luggage compartment" refers to the area
behind the rearmost seat.

SECTION 16-23-20. Unlawful carrying of handgun; exceptions.

It is unlawful for anyone to carry about the person any handgun, whether concealed or not, except
as follows, unless otherwise specifically prohibited by law:

(1) regular, salaried law enforcement officers, and reserve police officers of a state agency,
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;
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(2) members of the Armed Forces of the United States, the National Guard, organized reserves, or
the State Militia when on duty;

(3) members, or their invited guests, of organizations authorized by law to purchase or receive
firearms from the United States or this State or regularly enrolled members, or their invited guests,
of clubs organized for the purpose of target shooting or collecting modern and antique firearms
while these members, or their invited guests, are at or going to or from their places of target
practice or their shows and exhibits;

(4) licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their
places of hunting or fishing while in a vehicle or on foot;

(5) a person regularly engaged in the business of manufacturing, repairing, repossessing, or dealing
in firearms, or the agent or representative of this person, while possessing, using, or carrying a
handgun in the usual or ordinary course of the business;

(6) guards authorized by law to possess handguns and engaged in protection of property of the
United States or any agency of the United States;

(7) members of authorized military or civil organizations while parading or when going to and from
the places of meeting of their respective organizations;

(8) a person in his home or upon his real property or a person who has the permission of the owner
or the person in legal possession or the person in legal control of the home or real property;

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(9) a person in a vehicle if the handgun is:

(a) 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;
however, this item is not violated if the glove compartment, console, or trunk is opened in the
presence of a law enforcement officer for the sole purpose of retrieving a driver's license,
registration, or proof of insurance. If the person has been issued a concealed weapons permit
pursuant to Article 4, Chapter 31, Title 23; then the person also may secure his weapon under a seat
in a vehicle, or in any open or closed storage compartment within the vehicle passenger
compartment; or

(10) a person carrying a handgun unloaded and in a secure wrapper from the place of purchase to
his home or fixed place of business or while in the process of changing or moving one's residence or
changing or moving one's fixed place of business;

(11) a prison guard while engaged in his official duties;

(12) a person who is granted a permit under provision of law by the State Law Enforcement Division
to carry a handgun about his person, under conditions set forth in the permit, and while transferring
the handgun between the permittee's person and a location specified in item (9);

(13) the owner or the person in legal possession or the person in legal control of a fixed place of
business, while at the fixed place of business, and the employee of a fixed place of business, other
than a business subject to Section 16-23-465, while at the place of business; however, the employee
may exercise this privilege only after: (a) acquiring a permit pursuant to item (12), and (b) obtaining
the permission of the owner or person in legal control or legal possession of the premises;

23
(14) a person engaged in firearms-related activities while on the premises of a fixed place of
business which conducts, as a regular course of its business, activities related to sale, repair, pawn,
firearms training, or use of firearms, unless the premises is posted with a sign limiting possession of
firearms to holders of permits issued pursuant to item (12);

(15) a person while transferring a handgun directly from or to a vehicle and a location specified in
this section where one may legally possess the handgun.

(16) Any person on a motorcycle when the pistol is secured in a closed saddlebag or other similar
closed accessory container attached, whether permanently or temporarily, to the motorcycle.

SECTION 16-23-430. Carrying weapon on school property; concealed weapons.

(A) 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, or any other type of weapon, device, or object which may be used to inflict bodily
injury or death.

(B) This section does not apply to a person who is authorized to carry a concealed weapon pursuant
to Article 4, Chapter 31, Title 23 when the weapon remains inside 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.

24
(C) 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 16-23-465. Additional penalty for unlawfully carrying pistol or firearm onto premises of
business selling alcoholic liquors, beers or wines for on-premises consumption.

(A) In addition to the penalties provided for by Sections 16-11-330, 16-11-620, 16-23-460, 23-31-220,
and Article 1, Chapter 23, Title 16, a person convicted of carrying a 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 two 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 for a period of five years.

(B)(1) This section does not apply to a person carrying a concealable weapon pursuant to and in
compliance with Article 4, Chapter 31, Title 23; however, the person shall not consume alcoholic
liquor, beer, or wine while carrying the concealable weapon on the business premises. A person
who violates this item may be charged with a violation of subsection (A).
(2) A property owner, holder of a lease interest, or operator of a business may prohibit the carrying
of concealable weapons into the business by posting a NO CONCEALABLE WEAPONS ALLOWED
sign in compliance with Section 23-31-235. A person who carries a concealable weapon into a
business with a sign posted in compliance with Section 23-31-235 may be charged with a violation of
subsection (A).
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(3) A property owner, holder of a lease interest, or operator of a business may request that a person
carrying a concealable weapon leave the business premises, or any portion of the premises, or
request that a person carrying a concealable weapon remove the concealable weapon from the
business premises, or any portion of the premises. A person carrying a concealable weapon who
refuses to leave a business premises or portion of the premises when requested or refuses to
remove the concealable weapon from a business premises or portion of the premises when
requested may be charged with a violation of subsection (A).
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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.

27
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.


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CONCEALED WEAPON PERMITS

SECTION 23-31-205. Name.

This article may be cited as the "Law Abiding Citizens Self-Defense Act of 1996".

Concealable Weapon permits, definitions, online applications, five-year permits

SECTION 2. A. Section 23-31-210 of the 1976 Code, as last amended by Act 347 of 2006, is further
amended to read:
Section 23-31-210. 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) Qualified nonresident means an individual who owns real property in South Carolina, but who
resides in another state.
(3) Picture identification means:
(a) a valid drivers license or photographic identification card issued by the state in which the
applicant resides; 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 the
United States Department of State.
(4) Proof of training means an original document or certified copy of the document supplied by
an applicant that certifies that he is either:
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(4) Proof of training means an original document or certified copy of the document supplied by an
applicant that certifies that he is either: (Why you are here today)
(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 include, but is not limited to:
(i) information on the statutory and case law of this State relating to handguns and to the use of deadly force;
(ii) information on handgun use and safety;
(iii) information on the proper storage practice for handguns with an emphasis on storage practices that reduces
the possibility of accidental injury to a child; and
(iv) the actual firing of the handgun in the presence of the instructor;
(b) a person who demonstrates any of the following must comply with the provisions of subitem (a)(i) only:
(i) a person who demonstrates the completion of basic military training provided by any branch of the United
States military who produces proof of his military service through the submission of a DD214 form;
(ii) a retired law enforcement officer who produces proof that he is a graduate of the Criminal Justice Academy or
that he was a law enforcement officer prior to the requirement for graduation from the Criminal Justice Academy;
or
(iii) a retired state or federal law enforcement officer who produces proof of graduation from a federal or state
academy that includes firearms training as a graduation requirement;
(c) an instructor certified by the National Rifle Association or another SLED-approved competent national
organization that promotes the safe use of handguns;
(d) 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;
(e) an active duty police handgun instructor;
(f) a person who has a SLED-certified or approved competitive handgun shooting classification; or
(g) a member of the active or reserve military, or a member of the National Guard.
SLED shall promulgate regulations containing general guidelines for courses and qualifications for instructors
which would satisfy the requirements of this item. For purposes of subitems (a) and (c), 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 this item.
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(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.
(6) Proof of ownership of real property means a certified current document from the county
assessor of the county in which the property is located verifying ownership of the real property.
SLED must determine the appropriate document that fulfills this requirement.
B. Section 23-31-215 of the 1976 Code, as last amended by Act 349 of 2008, is further amended to
read:
Section 23-31-215. (A) Notwithstanding any other provision of law, except subject to subsection
(B), 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 or qualified nonresident 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) a photocopy of a drivers license or photographic identification card;
(3) proof of residence or if the person is a qualified nonresident, proof of ownership of real property
in this State;
(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
drivers 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 officers; and


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(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
applicants fingerprints may not be taken. If all other qualifications are met, the Chief 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), SLED must conduct or
facilitate a local, state, and federal fingerprint review of the applicant. SLED also must
conduct a background check of the applicant through notification to and input from the
sheriff of the county where the applicant resides or if the applicant is a qualified
nonresident, where the applicant owns real property in this State. The sheriff within ten
working days after notification by SLED, may 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. If
the fingerprint review and background check are favorable, SLED must issue the permit.
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(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). The course shall cost fifty dollars. SLED shall use
the proceeds to defray the training courses 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 Court pursuant to Article 5, Chapter 23, Title 1, upon a
petition filed by an applicant within thirty days from the date of delivery of the divisions decision.
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(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 if applicable;
(2) date and place of birth;
(3) sex;
(4) race;
(5) height;
(6) weight;
(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; and
(3) 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), and their personnel, who in good faith provide
information regarding a persons 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) in order to be exempt from liability under this subsection.
(H) A permit application must be submitted in person, by mail, or online to SLED headquarters
which shall verify the legibility and accuracy of the required documents. If an applicant submits his
application online, SLED may continue to make all contact with that applicant through online
communications.
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(I) SLED must maintain a list of all permit holders and the current status of each permit. SLED may
release the list of permit holders or verify an individuals permit status only if the request is made by
a law enforcement agency to aid in an official investigation, or if the list is required to be released
pursuant to a subpoena or court order. SLED may charge a fee not to exceed its costs in releasing
the information under this subsection. Except as otherwise provided in this subsection, a person in
possession of a list of permit holders obtained from SLED must destroy the list.
(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 and no longer owns real property in this State;
(3) voluntarily surrendered the permit; or
(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.
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(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, Chapter 31, 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 drivers 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 holders 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 SLED.
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(M) A permit issued pursuant to this section does not authorize a permit holder to carry a
concealable weapon into a:
(1) law enforcement, correctional, or detention facility;
(2) courthouse or courtroom;
(3) polling place on election days;
(4) office of or the business meeting of the governing body of a county, public school district,
municipality, or special purpose district;
(5) school or college athletic event not related to firearms;
(6) daycare facility or preschool facility;
(7) place where the carrying of firearms is prohibited by federal law;
(8) church or other established religious sanctuary unless express permission is given by the
appropriate church official or governing body;
(9) hospital, medical clinic, doctors office, or any other facility where medical services or
procedures are performed unless expressly authorized by the employer; or
(10) place clearly marked with a sign prohibiting the carrying of a concealable weapon on the
premises pursuant to Sections 23-31-220 and 23-31-235. Except that a property owner or an agent
acting on his behalf, by express written consent, may allow individuals of his choosing to enter onto
property regardless of any posted sign to the contrary. A person who violates a provision of this
item, whether the violation is wilful or not, may only be charged with a violation of Section 16-11-
620 and must not be charged with or penalized for a violation of this subsection.
Except as provided for in item (10), a person who wilfully 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 in this subsection 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 51-3-145.
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(N) Valid out-of-state permits to carry concealable weapons held by a resident of a reciprocal state
must be honored by this State, provided, that the reciprocal state requires an applicant to
successfully pass a criminal background check and a course in firearm training and safety. A resident
of a reciprocal state carrying a concealable weapon in South Carolina is subject to and must abide
by the laws of South Carolina regarding concealable weapons. SLED shall maintain and publish a list
of those states as the states with which South Carolina has reciprocity.
(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 nonlethal including the substance
commonly referred to as pepper gas; or
(3) carrying a concealable weapon in a manner not prohibited by law.
(P) Upon renewal, a permit issued pursuant to this article is valid for five years. Subject to
subsection (Q), SLED shall renew a currently valid 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) completion of the renewal application; and
(3) picture identification or facsimile copy thereof.
(Q) Upon submission of the items required by subsection (P), SLED must conduct or facilitate a state
and federal background check of the applicant. If the background check is favorable, SLED must
renew the permit.

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(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) At least thirty days before a permit issued pursuant to this article expires, SLED shall notify the
permit holder by mail or online if permitted by subsection (H) at the permit holders address of
record that the permit is set to expire along with notification of the permit holders opportunity to
renew the permit pursuant to the provisions of subsections (P) and (Q).
(T) During the first quarter of each calendar year, SLED must publish a report of the following
information regarding the previous calendar year:
(1) the number of permits;
(2) the number of permits that were issued;
(3) the number of permit applications that were denied;
(4) the number of permits that were renewed;
(5) the number of permit renewals that were denied;
(6) the number of permits that were suspended or revoked; and
(7) the name, address, and county of a person whose permit was revoked, including the reason for
the revocation pursuant to subsection (J)(1).
The report must include a breakdown of such information by county.
(U) A concealable weapon permit holder whose permit has been expired for no more than one year
may not be charged with a violation of Section 16-23-20 but must be fined not more than one
hundred dollars.
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Concealed Weapon Permit Statistics for 2013

Active Permits as of December 31, 2013 229,456
Permits Issued in 2013 83,012
Permits Denied in 2013 1,272
Permits Renewed in 2013 38,617
Permits Revoked in 2013 364
Reciprocity
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RECIPROCITY
Alaska, Arizona, Arkansas, Florida, Idaho (Enhanced Only), Kansas, Kentucky, Louisiana,
Michigan, Missouri, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Texas,
Tennessee, Virginia, West Virginia, and Wyoming.
Residents of reciprocal states who hold permits issued by their states of residence may carry
concealed firearms in South Carolina, but must abide by the restrictions in the South Carolina
CWP law. For that reason, out of state residents of reciprocal states should familiarize
themselves with restricted carry locations and other provisions of South Carolina law posted on
this website. South Carolina permittees who carry firearms in reciprocal states are likewise
responsible for familiarizing themselves with the applicable laws and regulations of the
reciprocal state. Web sites of those states may be accessed by selecting the desired state name
listed above.
Law Enforcement Encounters:

CWP HOLDERS MUST:

Be in possession of ID card while carrying firearm

Inform police officer of CWP when:

1. Identifies himself (uniform is identification)
2. Asks for ID
3. Asks for drivers license

If stopped for a traffic violation while armed:

A. Keep both hands on the steering wheel, turn on interior light, roll down all windows.

B. Advise the officer that you are a CWP holder and armed. Provide location of your firearm on
your person or in your vehicle. DO NOT REACH FOR / ATTEMPT TO SHOW THE OFFICER YOUR
FIREARM.

C. Follow the officers instructions

Officer Perspective Drill: Have students approach a vehicle with windows up vs down and with
hands in plain sight on
steering wheel vs unseen. Visibility and honesty is best.
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