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Keeping Knives in American Lives Since 1998

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South Carolina Knife Laws

Quick Legal Facts

South_Carolina

Statewide Preemption:

Yes. Statewide uniformity of criminal law is required by the state constitution.

Concealed Carry:

South Carolina has a concealed deadly weapon statute.

Schools:

There is a specific prohibition for any knife with a blade over two inches long, as well as a general prohibition to any type of weapon., in schools.

Major Cities with Knife Ordinances:

Charleston, Columbia, Greenville

At a Glance:

South Carolina does not generally restrict the public carry of knives.  The primary South Carolina statute pertaining to knives is 16-23-460 captioned “Carrying concealed weapons; forfeiture of weapons.” It provides that the prohibition to carrying concealed weapons does not apply to, among other things, “dirks,” “knives,” and “razors.”

There are no state restrictions on the possession of knives, with the understandable exception for inmates of state and local correctional facilities. (24-13-440) and knives with a blade length longer than two inches on primary and secondary school property.

Relevant Statutes:

16-23-405. Definition of “weapon”; confiscation and disposition of weapons used in commission or in furtherance of crime
16-23-430. Carrying weapon on school property; concealed weapons
16-23-460. Carrying concealed weapons; forfeiture of weapons
16-23-490. Additional punishment for possession of firearm or knife during commission of, or attempt to, commit a violent crime.

Restricted Knives:

None.

Concealed Carry:

There is no issue under South Carolina law as to concealed carry of knives unless the knife is “used with the intent to commit a crime or in furtherance of a crime.”

Restrictions on Sale or Transfer:

None.

Restrictions on Carry in Specific Locations / Circumstances:

Knives with a blade exceeding two (2) inches may not be carried on any elementary or secondary school property except by law enforcement officers or authorized school personnel. There is no statewide airport restriction.

Statewide Preemption:

Yes.  Constitutional “preemption” obtains based on Article 8 Section 14 of the South Carolina  State Constitution.  (See discussion below.)

Discussion:

Local Ordinances, Preemption

Ordinances in several cities in South Carolina, including Columbia, Charleston, and Greenville, contain knife restrictions inconsistent with state law. The Office of the South Carolina Attorney General has analyzed the ordinances in response to a constituent inquiry by an AKTI member. The response provides:

It is this Office’s opinion that a court would likely hold the local knife ordinances listed in the request letter are inconsistent with state criminal law and, therefore, violate S.C. Const, art. VIII, § 14 . . . It is this Office’s understanding that the listed ordinances were enacted prior to the 1996 and 2008 amendments to S.C. Code Ann. §§ 16-23-405, -460. At the time the ordinances were enacted, the statutory definition of weapon included “a knife with a blade over two inches long.” S.C. Code Ann. § 16-23-405 (Supp. 1987). Further, Section 16-35-460(C) was subsequently amended to list “dirks, slingshots, metal knuckles, knives, or razors” as exceptions to the prohibition against carrying concealed weapons. S.C. Code Ann. § 16-23-460(C) (2015). When the ordinances were adopted, the cities certainly drafted the ordinances to comply with the general state law. However, due to the amendments discussed above, the ordinances continue to criminalize conduct that the General Assembly has since authorized. (Citations omitted)

A complete copy of the above-quoted letter is available here.

Law Enforcement – Military

There is an exception in 16-23-460 (Carrying Concealed) and in 16-23-430 (School Grounds) for law enforcement.

South Carolina CCW

There is some incidental benefit to one holding a South Carolina Concealed Weapon license, or a license afforded reciprocity, with respect to possession of a knife with a blade longer than two inches while on school property. Such a knife can be secured in a motor vehicle in the same manner as provided for securing a firearm. There may also be some incidental benefit under 16-23-460 (B) (1); however, the existence and scope of any such benefit have yet to be considered by the courts.

Updated October 1, 2022, by Daniel C. Lawson

This information is presented as a brief synopsis of the law and not as legal advice. AKTI is not, and cannot be, a legal service provider. Use of the site does not create a lawyer/client relationship. Laws are interpreted differently by enforcement officers, prosecuting attorneys, and judges. AKTI suggests that you consult legal counsel for guidance.

The complete State Knife law information is now available to AKTI members and non-members alike. If you find the State Knife Laws useful please consider an AKTI membership or making a contribution to AKTI.

Last Revised: October 18, 2022

Back to all AKTI State Knife Laws

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American Knife & Tool Institute

11 hours ago

American Knife & Tool Institute
What is Concealed? Many knife laws contain a section on concealing knives. Which knives are included, and when is a knife “concealed?”www.akti.org/concerning-concealment/#KnowYourKnifeLaws #CarryWithConfidence #AKTI ... See MoreSee Less

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