South Carolina does not have a law requiring the removal of firearms owned by a person when he or she has become prohibited from possessing firearms. However, firearms or ammunition must be removed if they were involved in a violation of the prohibition against possession by a person who has been convicted of a violent felony offense.¹ Similarly, firearms or ammunition must also be removed if they were involved in a violation of the prohibition against possession by a person who has been adjudicated as a mental defective or committed to a mental institution.²

When a person loses his or her gun eligibility for mental health reasons, the court must provide to the person or the person’s representative, as appropriate, a written form that conspicuously informs the person or the person’s representative of the prohibition on possession of firearms or ammunition.³

Disarming Ineligible People by Court Order

South Carolina prohibits handgun possession by any “person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.”⁴

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1. S.C. Code § 16-23-500.[↩]
2. S.C. Code § 23-31-1040.[↩]
3. S.C. Code § 23-31-1040.[↩]
4. S.C. Code § 16-23-30.[↩]