South Carolina § 16-23-420 - Possession of firearm on school property.

§ 16-23-420. Possession of firearm on school property.

(A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to when the firearm 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.

(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 firearm 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 when upon any premises, property, or building that is part of an interstate highway rest area facility.

HISTORY: 1962 Code SECTION 16-141.1; 1969 (56) 319; 1993 Act No. 184, SECTION 47; 1996 Act No. 464, SECTION 6; 2002 Act No. 274, SECTION 1, eff May 28, 2002; 2004 Act No. 294, SECTION 3, eff August 16, 2004; 2009 Act No. 32, SECTION 2, eff June 2, 2009; 2024 Act No. 111 (H.3594), SECTION 6, eff March 7, 2024.

Editor's Note

2024 Act No. 111, SECTIONS 1 and 24, provide as follows:

"SECTION 1. This act may be cited as the 'South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024'."

"SECTION 24. No provision in this act should be construed as the General Assembly discouraging responsible gun ownership; and the General Assembly, in fact, encourages all gun owners to pursue and receive appropriate gun safety training before carrying a firearm or weapon."

Effect of Amendment

2024 Act No. 111, SECTION 6, in (A), in the second sentence, substituted "when the firearm remains" for "a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains"; in (D), in the second sentence, substituted "firearm" for "weapon"; and in (F), deleted "who is authorized to carry concealed weapons pursuant to Article 4, Chapter 31, or Title 23".