See our Disarming Prohibited People policy summary for a comprehensive discussion of this issue.
South Carolina does not have a law requiring the confiscation of firearms owned by a person when he or she has become prohibited from possessing firearms. However, firearms or ammunition must be confiscated if they were involved in a violation of the prohibition against possession by a person who has been convicted of a violent felony offense.1 Similarly, firearms or ammunition must also be confiscated if they were involved in a violation of the prohibition against possession by a person who has been adjudicated as a mental defective or committed to a mental institution.2
When a person loses his or her gun eligibility because he or she is adjudicated as a mental defective or is committed to a mental institution, the court must provide to the person or the person’s representative, as appropriate, a written form that conspicuously informs the person or the person’s representative of the prohibition on possession of firearms or ammunition.3
Disarming Dangerous People by Court Order
South Carolina prohibits handgun possession by any “person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a firearm, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but a person who is the subject of such an application is entitled to reasonable notice and a proper hearing prior to any such adjudication.”4