SLED ISSUES REMINDER AHEAD OF OPEN CARRY IMPLEMENTATION DATE
CWP FEE
The S.C. Law Enforcement Division released information Thursday reminding citizens of
the upcoming requirements pertaining to fees and training as it relates to the new Open
Carry with Training Act.
On May 17th, 2021 Governor Henry D. McMaster signed the Open Carry with Training
Act (formerly House Bill 3094) into law. This Act has a 90-day implementation delay, so
this law does not go into effect until August 15, 2021.
This Act removes the SLED application fee for all Concealed Weapons Permit (CWP)
applications on or after August 15, 2021. As such, no application fee will be required for
any CWP application (including new applications, renewals, and replacements) received
by SLED (whether received electronically or postmarked) on or after August 15, 2021.
If you send a money order on or after August 15, 2021, SLED will process your
CWP application and return the money order if the additional training
requirements are satisfied, and you are otherwise eligible. SLED cannot guarantee
that you will be able to refund your money order.
However, the $50.00 fee required by S.C. Code Ann. § 23-31-215(A)(6) for new CWP
applications, the $50.00 fee required by S.C. Code Ann. § 23-31-215(P)(1) for CWP
renewals, and the $5.00 replacement fee for lost, stolen, damaged, or destroyed CWPs
required by S.C. Code Ann. § 23-31-215(L) must be paid for any application received by
SLED or postmarked with a date prior to August 15, 2021. As these fees are set by law,
SLED cannot waive them. In addition, SLED must deny any application received or
postmarked prior to August 15, 2021 that does not contain a statutorily mandated fee.
TRAINING
In addition, the Open Carry with Training Act changed the “Proof of Training”
requirements defined by S.C. Code Ann. § 23-31-210(4) effective August 15, 2021. This
means that all new CWP applications received or postmarked on or after August 15, 2021
must contain “Proof of Training” consistent with the updated legal requirements. There
will be no additional training required for applications received or postmarked before
August 15, 2021. In addition, there will be no additional training required for existing
CWP holders and no additional “Proof of Training” is required for renewals or
replacements.
However, on or after August 15, 2021, the “Proof of Training” for new CWP applications
required by S.C. Code Ann. § 23-31-215(A)(6)(a) will be an original document or
certified copy of the document supplied by an applicant that certifies that he is either:
- a person who, within three years before filing an application,
successfully has completed a basic or advanced handgun education course
offered by a state, county, or municipal law enforcement agency or a
nationally recognized organization that promotes gun safety. This education course must include, but is not limited to:
- information on the statutory and case law of this State relating to
handguns and to the use of deadly force; - information on handgun use and safety;
- information on the proper storage practice for handguns with an
emphasis on storage practices that reduces the possibility of accidental
injury to a child; - the actual firing of the handgun in the presence of the instructor,
provided that a minimum of twenty-five rounds must be fired; - properly securing a firearm in a holster;
- ‘cocked and locked’ carrying of a firearm;
- how to respond to a person who attempts to take your firearm from
your holster; and - de-escalation techniques and strategies.
If you have completed your training and the training you received did not include
the new statutorily required sections, you must submit your CWP application prior
to August 15, 2021 along with the $50 fee. If you wait until August 15, 2021 or later,
you must have completed the additional training requirements and provide proof of
such.