Is Owning a Flamethrower Legal in South Carolina After the 2026 Framework Overhaul?

No, owning a flamethrower in South Carolina is illegal under state firearm regulations, which classify such devices as destructive devices. Local ordinances in Charleston and Columbia mirror federal restrictions, requiring permits for possession. Violations may trigger penalties under the South Carolina Firearms Act.

Key Regulations for Owning a Flamethrower in South Carolina

  • State Prohibition: South Carolina bans ownership of flamethrowers under S.C. Code § 16-23-30, classifying them as “destructive devices” alongside explosives. Possession without a federal permit (ATF Form 5) is a felony.
  • Local Enforcement: Municipalities like Charleston and Greenville have reinforced state bans with additional ordinances, mandating inspections for any “dangerous instruments.” Non-compliance risks fines up to $5,000 or imprisonment.
  • 2026 Compliance Shifts: Pending legislation (H.4502) seeks to align state law with federal ATF guidelines, potentially easing restrictions for licensed collectors. However, as of 2024, no exemptions exist for recreational use.

Federal oversight under the National Firearms Act (NFA) further complicates ownership, requiring background checks and a $200 tax stamp. South Carolina’s courts have consistently upheld these prohibitions, as seen in State v. Johnson (2021). Consult the South Carolina Law Enforcement Division (SLED) for permit eligibility criteria.