Are short-barreled rifles legal in South Carolina? (2026)
South Carolina doesn't use the term short-barreled rifle. Its law bans a "sawed-off rifle," which is defined by the same 16-inch and 26-inch lines as the federal SBR. Possession is a felony unless an exception applies, and one exception covers people authorized by ATF or another federal agency. How that exception works after ATF's October 9, 2026 change is not yet verified.
The short answer
- Possession is unlawful unless an exception applies. S.C. Code § 16-23-230 covers a sawed-off rifle, with exceptions in §§ 16-23-250 and 23-31-330.
- Penalty: a felony, a fine of up to $10,000, up to 10 years in prison, or both (§ 16-23-260).
- A federal-authorization exception exists. Section 16-23-250 exempts any person authorized to possess these weapons by ATF or another federal agency.
- The ban reaches more than possession. Transporting and selling or giving away are covered in separate sections.
The statute
The main provision is S.C. Code § 16-23-230, in Article 3 of Title 16, Chapter 23 ("Machine Guns, Sawed-off Shotguns and Rifles"). It reads:
"It is unlawful for a person to store, keep, possess, or have in possession or permit another to store, keep, possess, or have in possession a machine gun or firearm commonly known as a machine gun, military firearm, sawed-off shotgun, or sawed-off rifle, except as provided in Sections 16-23-250 and 23-31-330."
"A person who violates the provisions of this section, upon conviction, must be punished pursuant to Section 16-23-260."
The article has no section that mentions short-barreled rifles by that name. The sawed-off rifle language is the provision that applies to them.
How South Carolina defines an SBR
Section 16-23-210(d) defines a sawed-off rifle as:
"a rifle having a barrel or barrels of less than sixteen inches in length or a weapon made from a rifle which as modified has an overall length of less than twenty-six inches or a barrel or barrels of less than sixteen inches in length."
That tracks the federal lines in 26 U.S.C. 5845: a barrel under 16 inches, or a weapon made from a rifle with an overall length under 26 inches. The same section defines a sawed-off shotgun with an 18-inch barrel line.
Penalty
Section 16-23-260 sets one penalty for the whole article:
"A person violating the provisions of this article is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than ten years, or both."
Is legality tied to federal registration?
Partly, through the exceptions. Section 16-23-250 says the article doesn't apply to federally licensed machine gun or military firearm manufacturers, and to "any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization". It also covers "persons licensed pursuant to Section 23-31-370". The statute doesn't use the words registration, Form 1 or National Firearms Act.
ATF's October 9, 2026 open letter says it stopped enforcing Form 1 and Form 4 approval and registration for SBRs, SBSs, suppressors and AOWs. Voluntary forms are still processed. Whether an SBR that has no ATF approval counts as authorized under § 16-23-250 is untested. We found no South Carolina Attorney General or state police statement on it, so: Not yet verified.
Our South Carolina suppressor guide covers the state's separate suppressor picture. Its weapons chapter has no suppressor provision, but it does regulate sawed-off rifles and shotguns.
Hunting
SBR-specific hunting rules: Not yet verified. Per our suppressor guide, the 2026–27 SCDNR rules and regulations guide and the state statutes we checked don't mention suppressors, which we treat as the absence of a ban and not as written permission.
Other laws that interact
- Transport: § 16-23-220 begins "It is unlawful for a person to transport from one place to another in this State" a sawed-off rifle, with the same exceptions, and punishes it under § 16-23-260.
- Sale or transfer: § 16-23-240 begins "It is unlawful for a person to sell, rent, give away, or participate in any manner, directly or indirectly" in disposing of one, again with the same exceptions.
- Display relics: § 16-23-250 says its exceptions must not be applied to sawed-off rifles kept for display as relics that are harmless and not usable.
- SLED: the exceptions point to SLED provisions (§§ 23-31-330 and 23-31-370). We found no general civilian permit, and how those sections apply to a sawed-off rifle is Not yet verified. Read Title 23, Chapter 31.
- Manufacturing by an individual: § 16-23-280 allows federally licensed manufacturers to make and sell machine guns. We found nothing in the article on an individual making a sawed-off rifle. Not yet verified.
- Minors and CLEO certification: Not yet verified.
Braced pistols
The state statutes cited here don't mention pistol braces. See our pistol brace guide for the federal picture.
Federal process in 2026
- The making and transfer tax on SBRs has been $0 since January 1, 2026.
- ATF stopped Form 1 and Form 4 enforcement on October 9. Voluntary forms are still processed. See NFA wait times.
- Dealers use a Form 4473 and NICS check. ATF won't enforce 18 U.S.C. 922(b)(4) "Until final rules are issued."
- "For now," interstate transport still needs an approved Form 20 (18 U.S.C. 922(a)(4)).
- A dealer can't sell where state law forbids it (18 U.S.C. 922(b)(2)).
ATF says there is no automatic grandfathering if enforcement resumes. Full detail is on our SBR rules 2026 page, and you can compare states with the state NFA checker.
Checked against the official statute text on October 28, 2026.
Frequently asked questions
Are short-barreled rifles legal in South Carolina?
What is the penalty for a sawed-off rifle in South Carolina?
Does South Carolina require federal registration for an SBR?
Can I transport or sell an SBR in South Carolina?
Do I need a Form 20 to take an SBR across state lines?
Sources
- S.C. Code Title 16, Chapter 23 (offenses involving weapons)
- S.C. Code Title 23, Chapter 31 (firearms)
- ATF Open Letter, Oct. 9, 2026 (PDF)
- ATF fact sheet: NFA Guidance: Liberty and Justice for All (PDF; undated)
- ATF: Update to NFA Transfer Guidance and FAQ (page last updated Oct. 16, 2026)
- 26 U.S.C. 5845: NFA definitions
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