SC bill wants to change Stand Your Ground. How it would affect self-defense
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Because of the national and statewide attention the Scott Spivey case is receiving, state and local leaders believe it could lead to a reevaluation of South Carolina’s self-defense law.
However, one proposed amendment, if approved, may not benefit prosecutors when dealing with such cases.
A bill introduced into the South Carolina legislature in 2024 seeks to amend the Stand Your Ground law in the use of deadly force against another person. The bill seeks to shift the burden of proof to the state to prove that immunity is inapplicable when a defendant asks for immunity in a pretrial hearing under Stand Your Ground.
A message left for state Rep. J. Todd Rutherford (D-Richland), the sponsor of the bill, was not returned by publication.
The change could make it more challenging for prosecutors to proceed with criminal charges in cases where a defendant claims self-defense, potentially providing stronger legal protections for individuals who use force in what they believe to be self-defense situations.
The bill is currently in the House Judiciary Committee.
Every case is different, said Horry County Solicitor Jimmy Richardson.
But Richardson and other officials say there have been issues with the Persons and Property Act since it was implemented in 2006.
“It has become a lot more of a problem,” Richardson said. “We have to fight these (Stand Your Ground) cases over and over.”
What does law say?
The law, which most states have in some form, allows people to use force, including deadly force, to protect themselves against a perceived threat. South Carolina’s law specifically eliminated the duty to retreat when a person is somewhere they have a right to be.
A majority of states currently have some version of a “Stand Your Ground“ law. South Carolina’s was implemented in 2006.
Critics of the legislation, which some call “Shoot First” laws, have pointed to studies that show homicides increase in states that pass these laws, but self-defense law experts suggest the actual difference between states that do and don’t implement “Stand Your Ground“ standards is minimal, according to previous reporting by The Sun News.
If South Carolina were to repeal any portion of its law, it would likely be the first state to do so, according to a Sun News review of other states that have passed similar legislation.
This story was originally published January 13, 2026 at 10:10 AM.
