Understanding Your Knife Rights in South Carolina: a Legal Guide

Understanding Your Knife Rights in South Carolina a Legal Guide

South Carolina is known for its relatively permissive knife laws, reflecting a strong tradition of personal autonomy and self-defense. However, there are important nuances and location-based restrictions that every resident and visitor should understand to remain compliant with the law.

Types of Knives You Can Own and Carry

  • South Carolina law generally allows individuals to own and carry a wide range of knives, including pocket knives, folding knives, fixed-blade knives, dirks, daggers, and even switchblades.
  • There are no state-level restrictions on blade length or knife type for most public places, and both open and concealed carry are permitted under most circumstances.

Key Restrictions and Prohibited Locations

  • Schools:
    Knives with blades exceeding two (2) inches are strictly prohibited on elementary or secondary school property, except for law enforcement or authorized personnel.Ā Violation can result in fines, imprisonment, or both.
  • Correctional Facilities:
    Knives are not allowed in state or local correctional facilities.
  • Government Buildings:
    Some government buildings may have their own restrictions, particularly regarding knives considered “dangerous weapons” or with blades longer than three inches.
  • Major Cities:
    While state law is generally permissive, cities like Charleston, Columbia, and Greenville have local ordinances that may restrict concealed carry or limit blade length (often to three inches or less).Ā For example, Greenville considers any locked-blade or “sporting knife” with a blade of three inches or longer as a weapon used for inflicting personal injury.

Concealed Carry and Use in Crimes

  • Concealed carry of knives is legal unless the knife is used with the intent to commit or further a crime.Ā If a knife is involved in a crime, penalties can include fines and jail time.
  • The law does not restrict concealed carry of most knives unless used unlawfully.

Statewide Preemption and Local Ordinances

  • South Carolina’s constitution provides for statewide preemption, meaning state law generally overrides local ordinances regarding knife regulations.Ā However, some cities still enforce stricter local rules, so it is wise to check city-specific laws before carrying a knife in urban areas.
  • Article VIII, Section 14 of the South Carolina Constitution is often cited to argue that local ordinances cannot override state law, but enforcement can vary.

Penalties for Violations

  • Penalties for violating knife laws depend on the nature and gravity of the offense. For example, carrying a knife unlawfully on school property is a misdemeanor, punishable by fines up to $1,000, imprisonment for up to one year, or both.
  • Using a knife during the commission of a crime can result in enhanced penalties.

Table: South Carolina Knife Law Overview

CategoryState LawLocal Variations
Knife Types AllowedMost types, including switchbladesSome cities restrict certain types/blade lengths
Open CarryPermittedMay be restricted in some cities
Concealed CarryPermitted unless used in a crimeRestrictions in some cities
SchoolsBlades >2″ prohibitedN/A
Correctional FacilitiesProhibitedN/A
Government BuildingsMay be restrictedN/A
PreemptionState law generally preempts local ordinancesEnforcement can vary

Practical Tips

  • Always check local ordinances, especially in Charleston, Columbia, and Greenville, before carrying a knife.
  • Never carry knives with blades over two inches on school property.
  • Do not use or carry a knife with the intent to commit a crime.
  • When in doubt, consult legal counsel or local law enforcement for guidance.

South Carolina broadly allows the ownership and carrying of most knives, with few state-level restrictions. However, special care must be taken regarding schools, correctional facilities, government buildings, and certain cities with stricter local ordinances. Understanding both state and local laws is essential to exercise your knife rights safely and legally.

Sources

[1] https://www.akti.org/state-knife-laws/south-carolina/
[2] https://tkellknives.com/knife-laws-in-south-carolina-a-comprehensive-legal-guide/
[3] https://www.bradrichardsonlawfirm.com/blog/can-you-carry-a-knife-in-south-carolina/
[4] https://ravencresttactical.com/south-carolina-knife-laws/
[5] https://nobliecustomknives.com/us-knife-laws/south-carolina-knife-laws/