South Carolina legislation · 126th General Assembly
South Carolina S136: Dismissal of pending gun possession charges
Status: Signed into law, September 2, 2026
What the bill says
To amend the south carolina code of laws by amending section 17-1-65, relating to the expungement of convictions for the unlawful possession of handguns, so as to provide the state must dismiss certain pending unlawful handgun possession charges that occurred prior to the enactment of the south carolina constitutional carry/second amendment preservation act of 2024, and to provide the dismissal of these charges does not mandate the dismissal of other related charges or may serve as a basis or support for civil actions due to the arrest. amend title to conform b e it enacted by the gener.
From the amended text, May 7, 2025:
A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-1-65, RELATING TO THE EXPUNGEMENT OF CONVICTIONS FOR THE UNLAWFUL POSSESSION OF HANDGUNS, SO AS TO PROVIDE THE STATE MUST DISMISS CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES THAT OCCURRED PRIOR TO THE ENACTMENT OF THE South carolina CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024, AND TO PROVIDE THE DISMISSAL OF THESE CHARGES DOES NOT MANDATE THE DISMISSAL OF OTHER RELATED CHARGES OR MAY SERVE AS A BASIS OR SUPPORT FOR CIVIL ACTIONS DUE TO THE ARREST. Amend Title To Conform B e it enacted by the General Assembly of the State of South Carolina: S ECTION 1. S ection 17-1-65 of the S.C. Code is amended to read: S ection 17-1-65. ( A) A person may apply for an expungement of one conviction for unlawful possession of a handgun as provided in Section 16-23-20, if the conviction occurred prior to the enactment of the S.C. Constitutional Carry/Second Amendment Preservation Act of 2024. An application under this section must be made within five years of the enactment of this section. ( B) The State must dismiss all charges pending against a person for unlawful possession of a handgun pursuant to Section 16 - 23 - 20 if the charges occurred prior to the enactment of the S.C. Constitutional …
Sponsors
- Deon Tedder (D, 42) · primary sponsor