Can a felon own a gun in South Carolina?

South Carolina prohibits handgun possession for persons convicted of a 'crime of violence.' The state does not restrict long gun possession for felons. A pardon from the South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS) can restore handgun rights.

How can a felon restore gun rights in South Carolina?

Apply to SCDPPPS for a pardon. The pardon application is a straightforward administrative process with regular hearings.

What is the waiting period for gun rights restoration in South Carolina?

Must complete sentence. Pardon eligibility: 5 years after completion for most offenses. 10 years for certain drug and violent offenses.

Are there exceptions to gun rights restoration in South Carolina?

Only handguns are restricted under state law for violent crime convictions. Long guns are not restricted. Non-violent felons have no state-level firearm restriction (federal law still applies).

Can a felon get gun rights back in South Carolina?

Yes, but only through a pardon from the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS). There is no court petition process, no waiting period that automatically restores rights, and record sealing alone is insufficient. You must apply for and receive a pardon from the SCDPPPS Board.

How do I apply for a pardon in South Carolina?

Download the official Pardon Application from ppp.sc.gov. Complete all sections, include the $100 non-refundable fee (money order or cashier's check), and mail it to SCDPPPS. You must have completed your sentence, paid all fines and restitution, and have no new arrests or convictions. SCDPPPS conducts an investigation and then schedules a hearing before the Board.

How long does the pardon process take in South Carolina?

From submission of the application to the hearing date, it typically takes 7 to 9 months. The investigation, Board scheduling, and hearing all contribute to this timeline. If you need to gather additional documentation or if there are complications, it could take longer.

What are the chances of getting a pardon in South Carolina?

South Carolina's pardon process is more accessible than many states because it is handled by the SCDPPPS Board rather than the Governor. The Board holds regular hearings and considers each case on its merits. Factors that improve your chances include a significant crime-free period, stable employment, community involvement, character references, and payment of all financial obligations.

Does a South Carolina pardon restore all civil rights?

A pardon from SCDPPPS can restore various civil rights including the right to possess firearms, the right to vote (if lost), and the right to hold public office. The specific rights restored depend on the scope of the pardon. Make sure the pardon explicitly restores the right to possess firearms if that is your goal.

What is the $100 fee for the pardon application?

The $100 non-refundable fee is required with every pardon application submitted to SCDPPPS. It must be paid by money order or cashier's check made payable to the South Carolina Department of Probation, Parole and Pardon Services. Personal checks and cash are not accepted. The fee is not refunded if the pardon is denied.

Does a South Carolina pardon lift the federal firearms ban?

Generally yes. Under 18 USC 921(a)(20), a state pardon that restores civil rights is recognized as lifting the federal firearms disability, provided the pardon does not expressly exclude firearms. A SCDPPPS pardon that specifically restores the right to possess firearms should lift both the state and federal prohibitions for the pardoned conviction.

Can I get a pardon for a federal conviction through SCDPPPS?

No. SCDPPPS can only grant pardons for South Carolina state convictions. For federal convictions, you must apply for a presidential pardon through the U.S. Department of Justice Office of the Pardon Attorney, or seek relief through the revived 18 USC 925(c) federal petition process.

Felon Gun Rights in South Carolina

Must petition for restoration

No. If you have a felony conviction in South Carolina, you are prohibited from possessing firearms under state law. The only way to restore your gun rights is to obtain a pardon from the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS). You must have completed your sentence, paid all fines and restitution, and have no new convictions for a recommended period of at least five years before applying.

Last updated: 2026-03-21

Overview

South Carolina has a two-tier system for felon gun rights. Under S.C. Code 16-23-30, persons convicted of a 'crime of violence' (as defined in 16-23-10) are prohibited from possessing handguns. Under the broader S.C. Code 16-23-500, persons convicted of any crime punishable by more than one year of imprisonment are prohibited from possessing any firearm. The only path to restoring firearm rights is a pardon from the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS). Expungement alone does not restore gun rights for most felonies. Pardons are granted through an administrative hearing process that requires completion of sentence, payment of all fines, and a recommended five-year crime-free period.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms. A South Carolina pardon that restores civil rights is generally recognized as lifting the federal firearms disability under 18 USC 921(a)(20), provided the pardon does not expressly exclude firearms. Expungement of a conviction that leads to the pardon exception under 18 USC 921(a)(20) may also remove the federal ban. Because South Carolina's only restoration mechanism is a pardon through SCDPPPS, that pardon serves as the key to addressing both the state and federal prohibitions. The revived 18 USC 925(c) federal petition process may also provide a separate federal pathway.

Can restore gun rights

✓Persons who receive a pardon from SCDPPPS — this is the primary (and essentially only) mechanism to restore gun rights in South Carolina
✓Persons whose conviction is expunged, set aside, or pardoned — the firearms disability under 16-23-500 does not apply if the conviction has been expunged or pardoned and the restoration does not expressly exclude firearms
✓Persons whose conviction is overturned on appeal or post-conviction relief
✓Persons convicted of non-violent offenses who obtain a pardon restoring the specific right to possess firearms
✓Persons eligible for the revived federal 18 USC 925(c) petition process for relief from federal firearms disabilities

Cannot restore gun rights

✗Persons with a felony conviction who have not received a pardon — regardless of time elapsed or rehabilitation
✗Persons who have outstanding fines, court costs, or restitution — all financial obligations must be paid before pardon eligibility
✗Persons with recent arrests or convictions — SCDPPPS recommends at least 5 years crime-free after completion of sentence
✗Persons subject to an active domestic violence protection order
✗Persons convicted of a federal felony — a South Carolina pardon does not apply to federal convictions; a presidential pardon or federal remedy is required
✗Persons whose pardon application was denied — must wait at least 1 year before reapplying

Step-by-Step Process

Complete your entire sentence

You must have fully completed your sentence, including incarceration, probation, parole, and any other court-imposed conditions. You cannot apply for a pardon while still under any form of supervision.

Pay all fines, fees, and restitution

All fines, court costs, fees, and victim restitution must be paid in full before you are eligible for a pardon. Obtain documentation proving payment from the clerk of court.

Wait the recommended crime-free period

SCDPPPS recommends at least 5 years with no new arrests or convictions after completion of your sentence. For drug offenses and violent offenses, a 10-year crime-free period may be recommended. This is not a strict statutory requirement but is a strong factor in the Board's decision.

Obtain and complete the SCDPPPS pardon application

Download the official Pardon Application from ppp.sc.gov. As of September 1, 2025, only the revised application (dated 5/22/2025) is accepted. Complete all sections including personal information, criminal history, employment, and a statement explaining why you are seeking a pardon. Include the $100 non-refundable application fee (money order or cashier's check payable to SCDPPPS).

Submit the application and supporting documents

Mail or deliver the completed application, fee, and supporting documents (character references, employment verification, community involvement evidence) to SCDPPPS. Ensure all required information is included — incomplete applications will be returned.

Investigation by SCDPPPS

SCDPPPS will conduct an investigation into your background, including verifying your criminal history, interviewing references, and assessing your rehabilitation. The investigation typically takes several months.

Attend the pardon hearing

SCDPPPS schedules a hearing before the Board of Pardons. It typically takes 7 to 9 months from receipt of your application to the hearing date. At the hearing, you may present your case, bring witnesses, and provide additional evidence of rehabilitation. The victim(s) may also attend and provide input.

Board decision

The Board votes on your pardon application. A pardon must receive signatures from at least two-thirds of the Board members to be granted. If granted, the pardon restores your civil rights including the right to possess firearms. If denied, you must wait at least 1 year before reapplying.

Waiting Period

There is no strict statutory waiting period, but SCDPPPS recommends at least 5 years after completion of sentence with no new arrests or convictions before applying. For drug offenses and violent offenses, a 10-year crime-free period is recommended. The application-to-hearing process takes an average of 7 to 9 months. If denied, you must wait at least 1 year before reapplying.

Key Laws

Law	Year	Description
S.C. Code Ann. 16-23-500 — Unlawful Possession of Firearm by Person Convicted of Violent Offense	2010 (amended)	Prohibits possession of any firearm by a person convicted of a crime punishable by a maximum term of imprisonment of more than one year. Exempts persons whose conviction has been expunged, set aside, or who have been pardoned or had civil rights restored (unless the restoration expressly excludes firearms). This is the broader felon-in-possession statute that applies to all felonies.
S.C. Code Ann. 16-23-30 — Unlawful Sale or Delivery of Handgun to Certain Persons	1975	Prohibits the sale or delivery of a handgun to any person convicted of a 'crime of violence' as defined in 16-23-10. Also prohibits the sale of handguns to habitual drunkards, drug addicts, and mentally incompetent persons. This statute applies specifically to handguns and crimes of violence.
S.C. Code Ann. 16-23-10 — Definitions (Crime of Violence)	1975	Defines 'crime of violence' to include murder, manslaughter (except negligent manslaughter from traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, and assault with intent to commit any offense punishable by imprisonment for more than one year.
S.C. Code Ann. 24-21-910 et seq. — Pardon Application and Process	1994 (amended)	Establishes the authority of the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS) to grant pardons. The Governor does not grant pardons directly in South Carolina — the SCDPPPS Board has independent pardon authority. A two-thirds vote of the Board is required to grant a pardon.
S.C. Code Ann. 17-22-910 et seq. — Expungement	2009 (expanded)	Provides for expungement of certain criminal records. Expungement of a conviction removes the firearms disability under 16-23-500 if the conviction is fully expunged. However, most felonies are not eligible for expungement in South Carolina. Non-violent first offenses and certain drug offenses may qualify.

Edge Cases

Is a pardon from the Governor different from a pardon from SCDPPPS?

In South Carolina, the Governor does not have the power to grant pardons. All pardons are granted by the Board of Probation, Parole and Pardon Services (SCDPPPS). The Governor has no authority to expunge criminal records either. This is different from most states where the governor holds pardon power.

Does expungement restore gun rights in South Carolina?

It depends. If your conviction is fully expunged, the firearms disability under S.C. Code 16-23-500 may be removed because the statute exempts persons whose conviction has been 'expunged or set aside.' However, most felonies are not eligible for expungement in South Carolina. Non-violent first offenses and certain drug offenses may qualify. For most felons, a pardon through SCDPPPS is the only realistic option.

I was convicted of a non-violent felony — am I only prohibited from possessing handguns?

No. Under the broader S.C. Code 16-23-500 (as amended), persons convicted of any crime punishable by more than one year of imprisonment are prohibited from possessing any firearm — including long guns (rifles and shotguns). The older 16-23-30 handgun-specific restriction still applies to crimes of violence, but 16-23-500 covers all firearms for all felons.

Can I possess a firearm if my conviction was in another state and I now live in South Carolina?

Federal law under 18 USC 922(g)(1) still prohibits you from possessing firearms if you were convicted of a felony in any jurisdiction. South Carolina state law also applies if you have a conviction punishable by more than one year. You would need restoration of rights from the state of conviction (which may lift the federal ban) or a federal remedy. A South Carolina pardon only applies to South Carolina convictions.

What if the SCDPPPS Board denies my pardon application?

If your pardon is denied, you must wait at least 1 year from the date of the Board's decision before reapplying. There is no limit on how many times you can apply, but repeated denials without significant changed circumstances may reduce your chances. Consider gathering additional evidence of rehabilitation, community involvement, and support before reapplying.

Does a deferred adjudication or pretrial diversion in South Carolina trigger the firearm prohibition?

If you completed a pretrial intervention (PTI) program and the charge was dismissed, there is no conviction, and the firearms prohibition under 16-23-500 does not apply. However, if you were adjudicated guilty and later had the case expunged, the analysis depends on whether the expungement qualifies as having the conviction 'set aside' for purposes of the statute. Consult an attorney for your specific situation.

Frequently Asked Questions

Can a felon get gun rights back in South Carolina?: Yes, but only through a pardon from the South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS). There is no court petition process, no waiting period that automatically restores rights, and record sealing alone is insufficient. You must apply for and receive a pardon from the SCDPPPS Board.
How do I apply for a pardon in South Carolina?: Download the official Pardon Application from ppp.sc.gov. Complete all sections, include the $100 non-refundable fee (money order or cashier's check), and mail it to SCDPPPS. You must have completed your sentence, paid all fines and restitution, and have no new arrests or convictions. SCDPPPS conducts an investigation and then schedules a hearing before the Board.
How long does the pardon process take in South Carolina?: From submission of the application to the hearing date, it typically takes 7 to 9 months. The investigation, Board scheduling, and hearing all contribute to this timeline. If you need to gather additional documentation or if there are complications, it could take longer.
What are the chances of getting a pardon in South Carolina?: South Carolina's pardon process is more accessible than many states because it is handled by the SCDPPPS Board rather than the Governor. The Board holds regular hearings and considers each case on its merits. Factors that improve your chances include a significant crime-free period, stable employment, community involvement, character references, and payment of all financial obligations.
Does a South Carolina pardon restore all civil rights?: A pardon from SCDPPPS can restore various civil rights including the right to possess firearms, the right to vote (if lost), and the right to hold public office. The specific rights restored depend on the scope of the pardon. Make sure the pardon explicitly restores the right to possess firearms if that is your goal.
Can non-violent felons own long guns in South Carolina?: No. Under S.C. Code 16-23-500, all persons convicted of a crime punishable by more than one year of imprisonment are prohibited from possessing any firearm, including long guns. This applies to both violent and non-violent felonies. A pardon is required to restore the right to possess any firearm.
What is the $100 fee for the pardon application?: The $100 non-refundable fee is required with every pardon application submitted to SCDPPPS. It must be paid by money order or cashier's check made payable to the South Carolina Department of Probation, Parole and Pardon Services. Personal checks and cash are not accepted. The fee is not refunded if the pardon is denied.
Does a South Carolina pardon lift the federal firearms ban?: Generally yes. Under 18 USC 921(a)(20), a state pardon that restores civil rights is recognized as lifting the federal firearms disability, provided the pardon does not expressly exclude firearms. A SCDPPPS pardon that specifically restores the right to possess firearms should lift both the state and federal prohibitions for the pardoned conviction.
Can I get a pardon for a federal conviction through SCDPPPS?: No. SCDPPPS can only grant pardons for South Carolina state convictions. For federal convictions, you must apply for a presidential pardon through the U.S. Department of Justice Office of the Pardon Attorney, or seek relief through the revived 18 USC 925(c) federal petition process.

Take Action — Direct Links

SCDPPPS — Pardon Application
Official pardon application page with downloadable forms, instructions, and fee information. The only application accepted since September 1, 2025 is the revised version dated 5/22/2025.
SCDPPPS — Frequently Asked Questions (Pardons)
Official FAQ page covering pardon eligibility, the application process, hearing procedures, and what happens if denied.
Collateral Consequences Resource Center — South Carolina Profile
Comprehensive guide to South Carolina restoration of rights, pardon, expungement, and sealing — including gun rights restoration.
SC Appleseed — Pardons Brochure
Plain-language brochure explaining the South Carolina pardon process, eligibility requirements, and step-by-step instructions.
Root & Rebound SC — South Carolina Pardon One Pager
One-page summary of the South Carolina pardon process, including timelines, costs, and tips for a successful application.
South Carolina Statehouse — Title 16, Chapter 23 (Offenses Involving Weapons)
Full text of South Carolina weapons statutes including the definitions of crime of violence, handgun restrictions, and felon-in-possession laws.