South CarolinaState would dismiss certain pending handgun charges and expunge them
If the measure takes effect, the state would dismiss and expunge certain pending handgun-possession charges from before the 2024 constitutional-carry law, subject to related cases.
What it does
People with qualifying pending handgun-possession charges would have those charges dismissed and expunged, but related criminal cases could delay the process.
Argument forDismissal and expungement could help eligible people avoid continuing records from handgun charges tied to conduct before the 2024 law.
Argument againstPeople whose handgun charge was filed with another offense might wait until that case ends, and the dismissal could not support an arrest-related civil lawsuit.
More detail
The state would dismiss covered pending unlawful handgun-possession charges and expunge the charges from the person’s record. This applies to charges under the prior handgun-possession law that occurred before enactment of the 2024 Constitutional Carry/Second Amendment Preservation Act. The state would not have to dismiss the handgun charge immediately if it was filed with another offense based on the same facts. After the related offenses are resolved, the handgun charge would be dismissed and expunged if the person has not already received an expungement under the conviction provision. The dismissal could not support a civil lawsuit based on the arrest. The act would take effect upon approval by the governor, according to the supplied text; the charge would be handled after any associated offenses are resolved.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Sep 2Act No. 260Latest
- Jan 22Effective date 01/14/26
- Jan 14Veto overridden Yeas-112 Nays-0Major
- Vote recorded Override Veto by the Governor. Result: pass.Lower
- 2025
- May 28Veto overridden Ayes-44 Nays-0Major
- Vote recorded to override the veto. Result: pass.Upper
- May 22Vetoed by Governor Henry McMasterMajor
- May 20Ratified R 86
- May 8Roll call Yeas-109 Nays-0
- Vote recorded Concur in Senate Amendments. Result: pass.Lower
- May 8Concurred in Senate amendment and enrolledTo Governor
- May 7Scrivener's error corrected
- May 6Returned to House with amendments
- Vote recorded to adopt. Result: pass.Upper
- May 6Roll call Ayes-45 Nays-0
- May 6House amendment amendedMinor
- May 5Scrivener's error corrected
- May 2Read third time and returned to Senate with amendmentsPassed 2nd Chamber
- May 1Unanimous consent for third reading on next legislative day
- Vote recorded Passage of Bill. Result: pass.Lower
- May 1Roll call Yeas-107 Nays-5
- May 1Read second timeMinor
- May 1AmendedMajor
- Apr 30Committee report: Favorable with amendment JudiciaryMinor
- Mar 4Referred to Committee on JudiciaryMinor
- Mar 4Introduced and read first timeMinor
- Feb 26Read third time and sent to HousePassed 1st Chamber
- Feb 25Roll call Ayes-43 Nays-0
- Vote recorded 2nd Reading. Result: pass.Upper
- Feb 25Read second timeMinor
- Feb 25AmendedMajor
- Feb 19Committee report: Favorable JudiciaryMinor
- Jan 17Scrivener's error corrected
- Jan 14Referred to Committee on JudiciaryMinor
- Jan 14Introduced and read first timeMinor
- May 28Veto overridden Ayes-44 Nays-0Major
- 2024
- Dec 11Referred to Committee on JudiciaryMinor
- Dec 11PrefiledIntroduced
Gun PolicyCriminal JusticeCivil Rights & Voting