South Carolina Law 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.
South CarolinaGovernment & Politics
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Main article: Government and politics of South Carolina
See also: Political party strength in South Carolina
2024 U.S. presidential election results by county in South Carolina
Democratic
Republican
South Carolina's state government consists of executive, legislative, and judicial branches. The governor of South Carolina heads the executive branch; the South Carolina General Assembly heads the legislative branch; and the South Carolina Supreme Court heads the judicial branch.
South Carolina is a largely conservative state. Since the Declaration of Independence, South Carolina's politics have been controlled by three main parties: the Democratic-Republican Party in the early 1800s, the Democratic Party through most of the 19th and 20th centuries, and the Republican Party in the 21st century. Since the mid-1990s, the South Carolina General Assembly has been controlled by the Republican party, and currently, eight of nine statewide offices are held by Republican officeholders and one by a Democratic officeholder.[139][140]
At the federal level, South Carolina has voted Republican in every presidential election since the 1980 election of Ronald Reagan.[141] As of the 2024 presidential election, it is the only state located on the Eastern Seaboard of the United States that has never been won by a Democratic Party presidential candidate in the 21st Century. The last Democratic candidate to carry South Carolina was Jimmy Carter in 1976. Both of the state's senators are Republican. The most recent Democratic senator to serve was Fritz Hollings, who left office in 2005. South Carolina has seven representatives in the United States House of Representatives, six of whom are Republican.
As of November 8, 2022, there were 3,740,743 registered voters.[142] In a 2020 study, South Carolina was ranked by the Election Law Journal as the 7th hardest state for citizens to vote in.[143] South Carolina retains the death penalty. Authorized methods of execution include by electric chair or firing squad.[144]
An April 2023 Winthrop University poll found that an overwhelming majority of South Carolinians supported legalizing medical marijuana and believed that a separation between church and state was "critical". A large majority were also found to support same-sex marriage, legalized recreational marijuana and sports gambling, along with an independent commission system for congressional redistricting.[145]
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South Carolina
South Carolina state laws, regulations, court decisions, and active legislation
South Carolina 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.
Supreme Court of South Carolina
Donald W. Beatty
350 total judges
- Court of Appeals
- Circuit Court
- Family Court
- Magistrate Court
- Municipal Court
- Probate Court
- Master-in-Equity Court
- Drug Court
South Carolina has a separate Family Court that is a court of record, unlike many states where family matters are handled by a division of the general trial court.
Notable South Carolina Legal Distinctions
- •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
South Carolina 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.
Official South Carolina Resources
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Common legal questions answered for South Carolina residents
Key South Carolina Laws (22)
Driving Under the Influence
South Carolina makes it illegal to drive impaired or with a BAC of 0.08% or higher. First offenders face fines, jail, and a six-month license suspension. Repeat offenses bring harsher penalties including ignition interlock and possible felony charges.
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.
Assault and Battery
South Carolina divides assault and battery into degrees based on harm caused. Third-degree is a misdemeanor with up to 30 days jail. More serious forms involving great bodily injury can carry up to 20 years in prison.
Possession of Controlled Substances
South Carolina prohibits possession of controlled substances without a prescription. Marijuana possession under an ounce is a misdemeanor. Possession of harder drugs and intent to distribute are more severely punished, with trafficking carrying mandatory prison time.
Larceny
South Carolina larceny is taking property to permanently deprive the owner. Property worth $2,000 or less is petit larceny (misdemeanor). Above $2,000 is grand larceny, a felony with prison time scaling with property value.
Burglary in the First Degree
First-degree burglary in South Carolina is breaking into a home with intent to commit a crime under aggravated circumstances such as being armed or causing injury. It carries a mandatory minimum of 15 years in prison with no parole eligibility.
Grounds for Divorce
South Carolina allows divorce on fault grounds (adultery, cruelty, habitual drunkenness, desertion) or no-fault after one year of continuous separation. Fault findings can affect alimony and property division decisions.
Best Interest of the Child — Custody Factors
South Carolina custody decisions follow a best-interest standard considering the child's needs, each parent's capacity, the child's preferences if old enough, parental cooperation, and any history of abuse or domestic violence. Joint custody is available.
Child Support Guidelines
South Carolina calculates child support using the income shares model based on both parents' gross income, number of children, health insurance, child care, and parenting time. Courts must follow the guidelines unless deviation is justified in writing.
Minimum Wage
South Carolina has no state minimum wage. The federal minimum of $7.25 per hour applies. Cities and counties cannot set their own higher minimums. Tipped workers may receive a lower direct wage if tips bring earnings to the federal minimum.
At-Will Employment
South Carolina is an at-will state, allowing termination by either side without cause. Exceptions include violations of public policy, retaliation, and breach of employment contracts. Employee handbooks may create implied contracts unless properly disclaimed.
Human Affairs Law — Employment Discrimination
South Carolina prohibits workplace discrimination based on race, religion, color, sex, age, national origin, or disability for employers with 15 or more employees. The Human Affairs Commission enforces the law, with complaints due within 180 days.
Security Deposits
South Carolina sets no cap on security deposits but requires landlords to return them within 30 days with an itemized deduction list. Wrongful withholding can result in three times damages plus attorney fees for the tenant.
Ejectment of Tenants
South Carolina landlords must give a five-day notice for unpaid rent or 14-day notice for other lease violations before filing ejectment in magistrate's court. Self-help eviction by landlords is prohibited; only the sheriff may enforce removal.
Uniform Limited Liability Company Act
South Carolina LLCs are formed by filing articles of organization with the Secretary of State. Members have limited liability protection. The state does not impose a franchise tax on LLCs unless they elect corporate tax treatment.
South Carolina Unfair Trade Practices Act
The South Carolina Unfair Trade Practices Act bans unfair or deceptive business practices. Consumers can sue for actual damages and attorney fees, with treble damages available for willful violations. The Attorney General also enforces the Act.
Motor Vehicle Lemon Law
South Carolina's Lemon Law requires manufacturers to replace or refund new vehicles with substantial defects after three or more failed repair attempts or 30 days out of service within the first year. Written notice and arbitration may be required first.
Intestate Succession
Without a will, a South Carolina spouse alone inherits everything; with descendants, the spouse gets half and descendants share the other half. With no spouse, descendants take all. Without descendants, the estate goes to parents, then siblings.
Requirements for a Valid Will
A South Carolina will must be written, signed by the testator, and witnessed by two competent adults. Holographic wills are not valid if executed in South Carolina. Self-proving affidavits make probate easier by avoiding witness testimony.
Speed Restrictions
South Carolina sets maximum speeds of 70 mph on interstates, 55 mph on multilane divided primary highways, and 30 mph in urban areas. Drivers must always travel at safe speeds for conditions. Excessive speeding can be a misdemeanor with possible jail time.
Magistrate's Court Jurisdiction
South Carolina magistrate's courts handle civil claims up to $7,500, plus landlord-tenant matters and minor offenses. Procedures are simplified, attorneys are optional, and decisions can be appealed to the court of common pleas for a new trial.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.