The bill H. 3743, titled the "South Carolina Ban Against Red Flag Gun Confiscation Act," seeks to amend the South Carolina Code of Laws by adding a new article that prohibits the adoption or enforcement of extreme risk protective orders (ERPOs) within the state. The bill defines an ERPO as a court-issued order aimed at reducing the risk of death or injury by restricting an individual's access to firearms, but it specifies that such orders cannot be based on conduct that has led to criminal charges against the individual. The legislation outlines that various state and local government entities, including municipalities and law enforcement, are prohibited from implementing or enforcing any measures related to ERPOs.

Additionally, the bill prohibits the use of state, county, or municipal funds to enforce any federal statutes or regulations concerning ERPOs and disallows these entities from accepting federal grant funds for related purposes. Violating this law by serving or attempting to enforce an ERPO would result in felony charges, with a potential prison sentence of up to five years. The act will take effect upon the Governor's approval, and it includes a severability clause to ensure that if any part of the act is deemed unconstitutional, the remaining provisions will still remain in effect.