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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

 See our Firearm Relinquishment policy summary for a comprehensive discussion of this issue. 

  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.[]