South Carolina Automatic Weapons Laws: A Columbia Guide to Regulations & Restrictions

The laws governing automatic weapons in South Carolina, particularly in the Columbia area, are often misunderstood. With a mix of state, federal, and local regulations, it’s crucial for gun owners to understand what is and isn’t allowed. Automatic weapons, commonly referred to as machine guns, are highly regulated, and the process of owning one legally can be complex. This guide will walk you through the regulations, licensing requirements, and local restrictions that apply to automatic weapons in South Carolina.

What Defines an Automatic Weapon Under South Carolina Law?

The first step in understanding automatic weapon laws in South Carolina is knowing how these weapons are defined. Under both federal law (National Firearms Act) and South Carolina law, an automatic weapon is a firearm that can continue to fire multiple rounds with a single trigger pull. These differ from semi-automatic weapons, which require the user to pull the trigger for each round fired.The National Firearms Act (NFA), passed in 1934, regulates automatic weapons on a federal level, classifying them as Class 3 weapons. South Carolina adheres to this classification, meaning that any firearm capable of fully automatic fire is subject to strict federal oversight, along with state-level regulations.One common misconception in the Columbia area is that fully automatic firearms are banned outright. In reality, they can be owned, but only after going through a rigorous process involving both federal and state approvals.

Are Automatic Weapons Legal in South Carolina?

Yes, automatic weapons are legal in South Carolina, but with significant restrictions. Under the NFA, individuals can legally own automatic weapons if they meet federal requirements, including passing background checks and paying for the necessary tax stamps. However, there are also state-specific regulations and local ordinances that Columbia residents need to comply with.

• Federal Restrictions: Under federal law, no new automatic weapons have been manufactured for civilian use since 1986. However, individuals can still purchase weapons manufactured before this cut-off, known as pre-1986 machine guns.
• South Carolina-Specific Regulations: The state doesn’t have additional bans on automatic weapons beyond federal laws, but it does require compliance with specific security measures and registration processes.
• Local Ordinances: In Columbia city limits and Richland County, there are additional restrictions regarding where these weapons can be stored and transported. For instance, shooting automatic weapons within city limits is typically prohibited unless in specific facilities or under controlled circumstances, such as at approved firing ranges.

Each county may have slight variations on how strictly they enforce these regulations, and it’s essential to be aware of local policies, especially in Lexington County, which may impose stricter transport or storage requirements compared to other areas.

What Permits Are Required for Automatic Weapons in SC?

To legally own an automatic weapon in South Carolina, both federal and state permits are required. The process involves significant paperwork, background checks, and fees.

• Federal Requirements: Under the NFA, you must apply for a tax stamp for each automatic weapon you intend to purchase. This involves filling out ATF Form 4, undergoing a comprehensive background check, and paying a $200 tax stamp for each firearm. The process can take several months to complete, and no weapon can be transferred to you until you receive approval from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
• State Licensing Process: In South Carolina, once federal approval is obtained, you must comply with state-level licensing requirements. This often involves notifying the South Carolina Law Enforcement Division (SLED), ensuring proper secure storage, and following any local registration requirements.
• Local Registration: In Columbia, you may be required to notify both Columbia PD and the Richland County Sheriff’s Department about the weapon’s registration, especially if you live within city limits. SLED may also require proof of secure storage before allowing the weapon to be transported or used in public.

How Do You Legally Acquire an Automatic Weapon in Columbia, SC?

Acquiring an automatic weapon legally in Columbia involves several key steps, each designed to ensure that only qualified individuals can own these firearms:

1. Purchase from an FFL Dealer: Federal law requires that all automatic weapons be transferred through a Federal Firearms License (FFL) dealer, who is authorized to handle NFA items. In Columbia, several dealers specialize in Class 3 firearms, though the selection is typically limited to pre-1986 models.
2. Transfer Procedures: Once you’ve selected a firearm, the dealer will help you initiate the transfer process. This involves submitting the necessary paperwork to the ATF and paying the $200 tax stamp. The process typically takes anywhere from 6 to 12 months due to the rigorous background check.
3. Background Checks: The background check conducted by the ATF is extensive, covering not only your criminal record but also your mental health history and any previous firearms infractions.
4. Storage Requirements: In South Carolina, and specifically in Richland County, owners of automatic weapons are required to store these firearms securely. This typically means using a gun safe that meets federal guidelines. In some cases, local law enforcement may conduct inspections to ensure that weapons are properly secured.

Common Legal Issues with Automatic Weapons in SC

Owning an automatic weapon in South Carolina, particularly in the Columbia area, comes with several legal challenges. These include:

• Transportation Rules: Transporting an automatic weapon in Columbia or Richland County must be done in compliance with both state and federal law. Weapons must be unloaded and stored in a secure, locked container during transport. Failure to comply with these rules can lead to significant legal penalties.
• Range Restrictions: You can’t simply fire an automatic weapon in your backyard. In Columbia, shooting an automatic weapon is generally restricted to approved ranges. Private property use is allowed in some rural areas but is often subject to local ordinances. If you’re unsure, checking with local law enforcement before using the weapon is essential.
• Interstate Travel: Transporting automatic weapons across state lines requires additional steps. If you plan to travel to Georgia or North Carolina with your weapon, you’ll need prior approval from the ATF. Failure to obtain this approval could result in federal charges.
• Storage Compliance: As previously mentioned, storage of automatic weapons must comply with federal guidelines. This means keeping the firearm in a locked safe when not in use. In Richland County, local law enforcement may require proof of secure storage to ensure public safety.

Critical Topics to Consider

Several specific issues often arise for owners of automatic weapons in South Carolina. Here are the most critical:

1. Tax Stamp Requirements: Every automatic weapon requires a separate $200 tax stamp. Failure to maintain this paperwork can result in severe penalties.
2. Transfer Rules: Selling or transferring an automatic weapon is heavily regulated, and doing so without federal approval is illegal.
3. Interstate Transport: Traveling across state lines requires special approval from the ATF. Always check before transporting your firearm.
4. Local Storage Laws: Storage laws vary by county, so it’s important to ensure compliance with Richland County regulations to avoid penalties.
5. Range Requirements: Firing an automatic weapon is restricted to approved shooting ranges. Be sure to check with local facilities before attempting to use your firearm.

The Last Shot: A Wrap-Up on SC Automatic Weapons 

Owning an automatic weapon in South Carolina is possible, but the process is highly regulated at both the state and federal levels. For residents of Columbia, compliance with local ordinances, such as storage and transport laws, is essential. At Thompson & Hiller Defense Firm, we have knowledge in helping individuals navigate the complex legal landscape surrounding automatic weapons in Richland, Lexington, and surrounding counties. Whether you’re seeking guidance on acquiring, transferring, or legally using an automatic weapon, contact us today for a consultation—we’re here to help you stay compliant and protect your rights.