South CarolinaS 0136126th General Assembly (2025-2026)Senate

AN ACT TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-1-65, RELATING TO THE EXPUNGEMENT OF CONVICTIONS FOR THE UNLAWFUL POSSESSION OF HANDGUNS, SO AS TO PROVIDE THE STATE MUST DISMISS AND EXPUNGE CERTAIN PENDING UNLAWFUL HANDGUN POSSESSION CHARGES THAT OCCURRED PRIOR TO THE ENACTMENT OF THE SOUTH CAROLINA CONSTITUTIONAL CARRY/SECOND AMENDMENT PRESERVATION ACT OF 2024, AND TO PROVIDE THE DISMISSAL OF THESE CHARGES MAY NOT SERVE AS A BASIS OR SUPPORT FOR CIVIL ACTIONS DUE TO THE ARREST.

Sponsored By: Deon T. Tedder (Democrat)

Became Law

Summary

Dismissal of pending gun possession charges

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Bill Overview

Analyzed Economic Effects

1 provisions identified: 1 benefits, 0 costs, 0 mixed.

Clear old handgun cases in SC

The law lets you erase one past conviction for unlawful handgun possession if it happened before South Carolina’s 2024 Constitutional Carry law. You must apply within five years after this law took effect. The State must dismiss and erase any pending unlawful-handgun-possession charge from before that 2024 law. If the handgun charge was filed with other crimes from the same incident, dismissal waits until those other charges are resolved. You cannot get this expungement if you already used the one‑conviction expungement above. A dismissal under this law cannot be used to sue over the arrest.

Sponsors & Cosponsors

Sponsor

  • Deon T. Tedder

    Democrat • Senate

Cosponsors

  • Josh Kimbrell

    Republican • Senate

  • Matthew W. "Matt" Leber

    Republican • Senate

  • Rex F. Rice

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 456 • No: 7

House vote • 1/14/2026

(Dismissal of pending gun possession charges)Override Veto by the Governor

Yes: 112 • No: 0

Senate vote • 5/28/2025

(Dismissal of pending gun possession charges)to override the veto

Yes: 40 • No: 2

House vote • 5/8/2025

(Dismissal of pending gun possession charges)Concur in Senate Amendments

Yes: 109 • No: 0

Senate vote • 5/6/2025

(Dismissal of pending gun possession charges)to adopt   Amendment number RFH-1

Yes: 45 • No: 0

House vote • 5/1/2025

(Dismissal of pending gun possession charges)Passage of Bill

Yes: 107 • No: 5

Senate vote • 2/25/2025

(Dismissal of pending gun possession charges)2nd Reading

Yes: 43 • No: 0

Actions Timeline

  1. Act No. 260

    9/2/2026legislature
  2. Effective date 01/14/26

    1/22/2026legislature
  3. Veto overridden Yeas-112 Nays-0 — Act No. 260

    1/14/2026House
  4. Veto overridden Ayes-44 Nays-0

    5/28/2025Senate
  5. Vetoed by Governor

    5/22/2025Governor
  6. Ratified R 86

    5/20/2025legislature
  7. Roll call Yeas-109 Nays-0

    5/8/2025House
  8. Concurred in Senate amendment and enrolled

    5/8/2025House
  9. Scrivener's error corrected

    5/7/2025legislature
  10. Returned to House with amendments

    5/6/2025Senate
  11. Roll call Ayes-45 Nays-0

    5/6/2025Senate
  12. House amendment amended

    5/6/2025Senate
  13. Scrivener's error corrected

    5/5/2025legislature
  14. Read third time and returned to Senate with amendments

    5/2/2025House
  15. Unanimous consent for third reading on next legislative day

    5/1/2025House
  16. Roll call Yeas-107 Nays-5

    5/1/2025House
  17. Read second time

    5/1/2025House
  18. Amended

    5/1/2025House
  19. Committee report: Favorable with amendment Judiciary

    4/30/2025House
  20. Referred to Committee on Judiciary

    3/4/2025House
  21. Introduced and read first time

    3/4/2025House
  22. Read third time and sent to House

    2/26/2025Senate
  23. Roll call Ayes-43 Nays-0

    2/25/2025Senate
  24. Read second time

    2/25/2025Senate
  25. Amended

    2/25/2025Senate

Bill Text

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