S136 requires the state to dismiss and expunge pending charges for unlawful possession of a handgun if those charges relate to events that occurred before the enactment of the South Carolina Constitutional Carry / Second Amendment Preservation Act of 2024. It also allows one prior conviction for unlawful handgun possession (if it occurred before that 2024 law) to be expunged, assuming the person applies within five years of this bill’s enactment. And importantly, the dismissal of such charges—or their expungement—may not be used as the basis for civil lawsuits arising from the arrest.
The South Carolina State Senate passed S136 on May 28, 2025 by a vote of 40 to 2. We have assigned pluses to the ayes because this bill rightly restores the Second Amendment-protected rights of individuals who were previously prosecuted under unconstitutional handgun restrictions. By dismissing and expunging these charges, the Senate acknowledges that such prosecutions violated the God-given right to keep and bear arms. This measure is an important step toward upholding the full protections guaranteed by the Bill of Rights.