Did South Carolina generally prohibit buying ammunition in 2008?

Plain-English summary

Asked about South Carolina law on purchasing ammunition, the AG said in 2008 that it found no general state prohibition on the sale or possession of ammunition. It identified limited exceptions: ammunition usable in a tear-gas gun or machine could not be bought or possessed by anyone other than a law enforcement officer, and teflon-coated ammunition or shells could not be bought, possessed, or used. The opinion also noted hunting-season restrictions on possessing certain ammunition while hunting.

The AG quoted a separate statute forbidding counties, municipalities, and other political subdivisions from regulating the transfer, ownership, possession, carrying, or transportation of ammunition and firearms. The letter did not survey federal law or give a current-law determination; its conclusion was that the AG could locate no further exceptions under South Carolina's then-existing law.

Currency note

This opinion was issued in 2008. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Could a South Carolina resident buy ordinary ammunition under the law discussed in 2008? A: The AG identified no general state prohibition on buying ammunition, while noting specific statutory exceptions.

Q: What ammunition did the opinion identify as restricted? A: It named ammunition usable in a tear-gas gun or machine for non-officers and teflon-coated ammunition or shells. It also noted hunting-specific possession restrictions.

Q: Could a city set its own ammunition purchase rules?
A: The AG quoted a state provision barring local governments from regulating the transfer, ownership, possession, carrying, or transportation of ammunition.

Background and statutory framework

The opinion answered a legislator's broad question in a short letter. It cited two specific ammunition prohibitions and two hunting provisions, then quoted the state restriction on local firearms and ammunition regulation. It reported that the AG could not locate other state-law exceptions to the general ability to purchase ammunition.

Citations and references

• S.C. Code Ann. § 16-23-470: tear-gas-gun ammunition.
• S.C. Code Ann. § 16-23-520: teflon-coated ammunition or shells.
• S.C. Code Ann. § 23-31-510: restriction on local ammunition regulation.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/february-29-2008/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/hardwick-n-l-os-8561-2-29-08-purchase-of-ammunition.pdf

Original opinion text

February 29, 2008

Via U. S. Mail and Facsimile (843) 238-1711
The Honorable Nelson L. Hardwick
Member, House of Representatives
714 Cedar Drive, North
Surfside Beach, South Carolina 29575
Dear Representative Hardwick:
In a letter to this office you questioned the law in South Carolina regarding the purchase of ammunition. Generally, there is no State law outlawing the sale or possession of ammunition except under certain limited circumstances. For instance, S.C. Code Ann. § 16-23-470 makes it unlawful for anyone except a law enforcement officer to possess or buy ammunition that may be used in a tear-gas gun or machine. Another provision, S.C. Code Ann. § 16-23-520, makes it unlawful to use, possess, or buy any ammunition or shells that are coated with teflon. Also, certain provisions dealing with hunting makes it illegal to possess while hunting certain ammunition except during specific game seasons. See, e.g., S.C. Code Ann. §§ 50-11-380 and 50-11-710. Also, S.C. Code Ann. § 23-31-510 states that
[n]o governing body of any county, municipality, or other political subdivision in this State may enact or promulgate any regulation or ordinance which regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of any firearms, ammunition, components of firearms, or any combination of these things. I am unable to locate any other exceptions to the general law in South Carolina that the purchase of ammunition is not prohibited by State law.

The Honorable Nelson L. Hardwick
Page 2
February 29, 2008
With kind regards, I am,
Very truly yours,
Henry McMaster
Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General