South Carolina S 7: Red Flags

Bill Text

2025-2026 Bill 7 Text of Previous Version (Dec. 11, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 7

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS SO AS TO ENACT 
THE "RED FLAGS ACT"; BY ADDING ARTICLE 12 TO CHAPTER 31, TITLE 23, SO AS TO 
PROVIDE FOR THE AUTHORITY OF LAW ENFORCEMENT OFFICERS TO SEIZE A PERSON"S 
FIREARMS AND AMMUNITION IF THE PERSON POSES A RISK OF IMMINENT PERSONAL INJURY 
TO HIMSELF OR OTHER INDIVIDUALS; TO ESTABLISH CRITERIA ADDRESSING APPLICATION 
FOR AND ISSUANCE OF A WARRANT; TO REQUIRE THE PROBATE COURT TO HOLD A HEARING 
WITHIN SEVEN DAYS OF EXECUTION OF THE WARRANT TO DETERMINE WHETHER THE FIREARMS 
AND AMMUNITION MAY BE RETURNED TO THE PERSON; AND FOR OTHER PURPOSES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. This act may be cited as the "Red Flags Act".

SECTION 2. Chapter 21, Title 23 of the S.C. Code is amended by 
adding:

Article 12

Seizure of Firearms and Ammunition from a person Posing

A Risk of Imminent Personal Injury to Self or Others

 Section 
23-21-1210. A solicitor, assistant solicitor, or 
two law enforcement officers may file a verified complaint with any probate 
court, for issuance of a warrant to seize any firearms and ammunition of a 
person if the solicitor, assistant solicitor, or law enforcement officers have 
probable cause to believe that:

 (1) 
the person poses a risk of imminent personal injury to himself or to other 
individuals;

 (2) 
the person possesses one or more firearms; and

 (3) 
the firearms are within or upon any person or property.

Upon a receipt of an 
application that establishes the requisite grounds for the warrant as provided 
in Section 23-31-1220, a judge may issue a warrant commanding a proper law 
enforcement officer to enter into or upon such property, search the person and 
property, and take into the officer's custody any and all firearms and 
ammunition. The solicitor, assistant solicitor, or law enforcement officers 
must not file a complaint before conducting an independent investigation and 
determining that probable cause exists and that there is no reasonable 
alternative available to prevent the person from causing imminent personal 
injury to himself or to others with the firearms.

 Section 
23-21-1220. (A) A warrant may be 
issued on an affidavit sworn to by the complainant or complainants before the 
judge and establishing the grounds for issuing the warrant, and the affidavit 
must be made part of the seizure file. In determining whether grounds for the application 
exist or whether there is probable cause to believe the grounds exist, the 
judge shall consider:

 (1) 
recent threats or acts of violence by the person directed toward other persons;

 (2) 
recent threats or acts of violence by the person directed toward himself; and

 (3) 
recent acts of cruelty to animals by the person, including acts that violate 
Chapter 1, Title 47.

 (B) 
In evaluating whether any recent threats or acts of violence constitute 
probable cause to believe that the person poses a risk of imminent personal 
injury to himself or to others, the judge may consider other factors including, 
but not limited to:

 (1) 
the reckless use, display, or brandishing of a firearm by the person;

 (2) 
a history of the use, attempted use, or threatened use of physical force by the 
person against other persons;

 (3) 
prior involuntary confinement of the person in a hospital for persons with 
psychiatric disabilities; and

 (4) 
the illegal use of controlled substances or abuse of alcohol by the person.

 Section 
23-21-1230. If the judge is satisfied that the grounds for the application 
exist or that there is probable cause to believe that they exist, then the 
judge shall issue a warrant naming or describing the person or property to be 
searched. The warrant must be directed to a proper law enforcement officer, 
must state the grounds or probable cause for its issuance, and must command the 
law enforcement officer to search within a reasonable time the person or 
property named for any and all firearms and ammunition. A copy of the warrant 
must be given to the person named therein together with a notice informing the 
person that the person has the right to a hearing pursuant to this section and 
the right to be represented by counsel at the hearing.

 Section 
23-21-1240. The applicant for the warrant shall file a copy of the application 
for the warrant and all affidavits upon which the warrant is based with the 
clerk of the probate court for the county in which the search will be conducted 
no later than the next business day following the execution of the warrant. 
Prior to the execution and return of the warrant, the clerk of the court may 
not disclose any information pertaining to t