South Carolina
South Carolina state laws, regulations, court decisions, and active legislation
Overview
South Carolina's legal system reflects its Southern heritage with a generally conservative approach to governance. The state recently adopted permitless open carry (2024) while maintaining a concealed carry permit requirement. South Carolina's legal landscape includes limited tenant protections, restrictive abortion laws, and an evolving criminal justice system.
The state's unique legal features include one of the few remaining legislative election systems for judges and a strong Castle Doctrine with Stand Your Ground protections. South Carolina's legal system has faced scrutiny over its judicial selection process, which gives the legislature significant control over the judiciary.
Court Structure
South Carolina's court system includes magistrate courts, municipal courts, family courts, circuit courts (organized into 16 judicial circuits), the Court of Appeals, and the South Carolina Supreme Court. South Carolina is one of only two states where the legislature elects all judges — a practice that has drawn criticism for politicizing the judiciary.
Unique Laws & Facts
- •South Carolina is one of only two states where the legislature elects judges
- •The state's security deposit is limited to one rental period only
- •South Carolina requires tenants to be offered a pre-move-out inspection
- •The state adopted permitless open carry at age 18 in 2024
- •South Carolina does not have a state FOIA law — records requests follow different procedures
Legal Landscape
South Carolina's legal landscape combines conservative governance, legislative control of the judiciary, permissive gun laws, and limited tenant protections. The state's growing population and economic development are creating new legal challenges around land use, environmental regulation, and infrastructure development.
Key South Carolina Laws (3)
Driving Under the Influence of Alcohol or Drugs
South Carolina's DUI limit is 0.08% BAC with zero tolerance at 0.02% for under-21 drivers. First offense carries a $400 fine, up to 30 days in jail, 6-month license suspension, and mandatory enrollment in the Alcohol and Drug Safety Action Program. Enhanced penalties apply at 0.10%+.
Open Carry with Training Act and Firearm Regulations
South Carolina enacted permitless carry in 2024 for those 18+. No assault weapon bans, magazine limits, or waiting periods. Castle Doctrine and Stand Your Ground with civil and criminal immunity. Local gun regulations preempted. No universal background checks.
Residential Landlord and Tenant Act – Security Deposits
South Carolina places no limit on security deposits but requires return within 30 days. Treble damages for wrongful withholding. 5-day notice for non-payment eviction. No rent control or just cause eviction. Anti-retaliation protections and warranty of habitability apply.