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Federal law establishes a baseline national standard regarding individuals' eligibility to acquire and possess firearms. Under federal law, people are by and large prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain courtroom orders related to domestic violence or a serious mental condition. However, federal constabulary merely provides a floor, and has notable gaps that permit individuals who have demonstrated significant adventure factors for violence or self-harm to legally learn and possess guns.

A police Southward Carolina adopted in 2010 makes it unlawful for a person who has been convicted of a "violent criminal offence," as defined by South Carolina police, to possess a firearm or ammunition if the trigger-happy criminal offense is likewise classified equally a felony offense. A gauge who hears a example involving a violent felony crime must make a specific finding on the tape that the crime is a violent offense.1

South Carolina prohibits whatever person from possessing or acquiring a handgun if he or she:

  • Has been convicted of a "offense of violence" in any court ("law-breaking of violence" includes murder; manslaughter (except negligent manslaughter arising out of traffic accidents); rape; commotion; kidnapping; burglary; robbery; housebreaking; set on with intent to kill, commit rape, or rob; set on with a dangerous weapon; or assault with intent to commit any criminal offence punishable by imprisonment for more than one year);
  • Is a fugitive from justice;
  • Is a "habitual drunk";
  • Has a drug addiction;
  • Has been adjudicated mentally incompetent;
  • Is a member of a destructive organisation;
  • Is under age eighteen (except for a fellow member of the U.S. Armed Forces, active or reserve, National Guard, state militia or R.O.T.C., when on duty or training; and except for the temporary loan of a handgun for instruction nether the firsthand supervision of a parent or developed instructor); or
  • Is a person who, by order of a circuit approximate or canton court judge of Due south Carolina, has been adjudged unfit to carry or possess a firearm (such adjudication may exist fabricated upon application by whatever police force officeholder or prosecuting officer of S Carolina, or past the court on its ain initiative).2

The land as well prohibits the buy, auction, lease, rental, barter, exchange, transportation into the state or possession of a firearm by an undocumented immigrant.iii

In 2015, South Carolina enacted a law prohibiting gun possession by certain people convicted of or field of study to court orders for domestic abuse. For details, meet Domestic Violence and Firearms in S Carolina.

In 2013, South Carolina enacted a police making it unlawful for people with sure mental health histories to possess firearms. 4 The police force also established a procedure for these people to regain their gun eligibility.5

In add-on, South Carolina prohibits providing patients and prisoners under the jurisdiction of the South Carolina Department of Mental Health ("SCDMH") with access to firearms.6 Furthermore, patients receiving inpatient services in a program under the jurisdiction of the Division of Alcohol and Drug Addiction Services of the SCDMH in a treatment facility operated past SCDMH cannot possess firearms.7 A juvenile committed to the custody of the Department of Juvenile Justice is also prohibited from possessing a firearm.8

For data on the background check process used to enforce these provisions, run across the South Carolina Background Checks section.

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  1. Due south.C. Code § sixteen-23-500.[↩]
  2. S.C. Code Ann. § 16-23-30(B).[↩]
  3. South.C. Code Ann. § 16-23-530(A).[↩]
  4. S.C. Code Ann. §§ 23-31-1040; 23-31-1010.[↩]
  5. S.C. Lawmaking Ann. § 23-31-1030.[↩]
  6. Due south.C. Code Ann. § 44-23-1080.[↩]
  7. S.C. Code Ann. § 44-52-165(A).[↩]
  8. Southward.C. Code Ann. § 63-nineteen-1670(A), (B)(1).[↩]