Unlawful Carry in South Carolina: What the New Open Carry Law & Expungement Mean for You

Unlawful Carry in South Carolina: New Laws, New Second Chances

At DeShon Wyse, we know that changes in the law often raise questions and sometimes hope – especially when those changes offer a chance to clear your record. South Carolina’s recent shift from restricted carry to open carry has made a real difference for many families and individuals across Upstate South Carolina. Here’s what you need to know, in plain language, about the new law and what it might mean for you or your loved ones.

How the Law Changed

South Carolina now allows open carry of firearms. Previously, carrying a handgun on your person outside your property, without a valid Concealed Weapons Permit (CWP), could quickly land you in trouble – even if it was just a firearm stowed in your vehicle. Common situations like keeping a firearm on the floorboard or under the seat could lead to a criminal record. The former law required that a person poses to a CWP, carry a firearm on your person in public, except in limited situations such as at a shooting range or while defending your own property. Additionally CWP were required to transport their firearm secured, to stay within the law.

Legal Consequences Under the Old Law

Violations were usually charged as misdemeanors. A conviction for unlawful carry could mean steep consequences – including up to one year in jail – and left many individuals with records for honest mistakes or technical missteps.

The New Opportunity for Expungement

With the passage of South Carolina’s open carry law, the state recognized that many people were unfairly burdened by old unlawful carry convictions. Now, South Carolina law allows for the expungement (erasure) of a first-time unlawful carry conviction from your record.

This is a one-time opportunity: only your first conviction is eligible, and subsequent charges are not. If you, or someone you know, were convicted under the older, more restrictive statutes and this is your first offense, you may qualify for this form of legal relief. This means a fresh start and the potential to move forward without the shadow of a past mistake.

Why This Matters for You

We understand how a criminal record – even for a minor or unintentional offense – can affect your employment, housing, and peace of mind. By realigning the law with today’s approach to carrying firearms, South Carolina opens new doors for those impacted by prior rules. At DeShon Wyse, we’re ready to provide guidance and support as you explore if this option is available for you.

How We Can Help

Our team is rooted in Upstate South Carolina, and we bring years of experience, compassion, and client-focused advocacy to every case. If you have questions about how the new open carry law or expungement process affects you, don’t hesitate to reach out. We believe in your right to a second chance—and we’re here to help you achieve it.

Visit us at deshonlawfirm.com to schedule a consultation.

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