Possession of a Firearm
The second amendment gives U.S. citizens the right to bear arms, but this right does not extend to everyone. If you have a felony criminal record, in almost every case, it is illegal to possess a firearm in South Carolina.
Here at The Woods Law Firm, we understand that being charged with Possession Of A Firearm can be concerning and frightening. You may be worried about your future and the future of your family. Understanding the confusing complexities of the judicial system is crucial to ensuring the best possible outcome for your future. We have helped hundreds of people in your situation, and we would like to help you too. Please call our office if you or a loved one needs legal advice for the charge of Possession Of A Firearm and let us start building your defense today.
What Is Possession Of A Firearm In South Carolina?
South Carolina DUI law section SC Code § 16-23-500 states;
- It is unlawful for a person who has been convicted of a violent crime, as defined by Section 16-1-60, that is classified as a felony offense, to possess a firearm or ammunition within this State.
Even if you have a shotgun in the back seat of your car which you only use for hunting, you can still be breaking the law. The gun must be properly secured in a case, unloaded and stored appropriately with bullets stored separately. Only if this is done, is it legal to have a gun or shotgun in your car.
If you have a Concealed Weapons Permit, you are permitted to carry your weapon into public establishments – as long as they do not have a sign posted saying that concealed weapons are not allowed. If you have a CWP license, you must observe the rules of having the gun unloaded and adequately stored, along with the bullets stored separately. South Carolina is one of the few states in the U.S. that allows ordinary citizens to apply for and obtain a CWP license. If you not allowed to have a firearm, it is illegal in all circumstances for you to possess one and you can be charged with unlawful possession of a firearm or pistol and prosecuted to the full extent of the law.
What Are The Penalties For Possession Of A Firearm In South Carolina?
Gun charges and gun convictions are heavily prosecuted in South Carolina, and the resulting penalties can be severe and leave you with a permanent criminal background. South Carolina gun charges may be prosecuted as either felony or as misdemeanors. Unlawful possession of a handgun is almost always a felony in South Carolina.
Penalties for Possession Of a Firearm Misdemeanor Charge in South Carolina;
- Up to 1 year of jail time and/or,
- Up to $1,000 fine
Penalties for Possession Of a Firearm Felony Charge in South Carolina;
- Up to 5 year jail time and/or,
- Up to $2000 fine
Conviction of Possession of a Firearm can have ripple effects in many other aspects of your life. Having a criminal record can affect your ability to seek employment, to receive scholarships and student loans and even to receive government aid such as food stamps. Did you know that there are currently 48,000 people in South Carolina who are ineligible to vote due to their criminal record? The consequences of having a charge such as Possession of a Firearm are severe and far-reaching.
It is also important to remember that a person who is caught selling or delivering a handgun (such as a gun dealer) to a person who is not allowed to possess a handgun can also be charged with unlawful possession. Even if you let a friend borrow your handgun, both you and your friend could be charged with unlawful possession if your friend is not permitted by law to carry a firearm.
In a criminal case involving a weapons charge, there is too much at stake to risk not utilizing the services of an experienced and knowledgeable trial lawyer. A seasoned criminal defense attorney can make all of the difference when it comes to achieving a favorable outcome in your case.
What Happens When You Are Arrested For Possession Of A Firearm In North Carolina?
When charged with Possession Of A Firearm, you will be arrested and booked into jail. You will then have to attend a bond hearing and go through two further appearances in court. It is at this time that you should retain a criminal defense attorney that can ensure your rights are protected. Time is of the essence in a criminal defense case. Give yourself the best start by calling The Woods Law Firm and seeking advice from our experienced attorneys. We have helped people in over 46 counties in South Carolina, and it would be our privilege to help you too.
Remember, it is illegal for a person convicted of a felony in any court of the United States to have a handgun in the state of South Carolina. This includes courts in Washington, D.C. and United States commonwealths, territories, and possessions (such as Guam or Puerto Rico).
Why Choose The Woods Law Firm To Represent You?
For the past 15 years, we have worked hard to have hundreds of Possession of a Firearm charges dismissed or minimized, in all 46 counties throughout the State of South Carolina.
Beyond South Carolina law, convicted felons should also understand about federal law, which also states that anyone convicted of a crime punishable by imprisonment of a term exceeding one year, is prohibited from possessing a firearm.
If you’ve been arrested in South Carolina, it’s crucial that you hire an experienced SC criminal defense attorney who can help guide you through the complicated legal system. Experience is everything when handling severe criminal issues – You do not want to take any chances when your freedom is at stake. We understand how intimidating the criminal justice system can be to people who have been charged with a crime, and we take great pride in ensuring that our clients receive the best advice possible for their circumstance.
Real Legal Defense for Possession of a Firearm and other Traffic Tickets
In addition to Possession of a Firearm cases, we have handled thousands of cases for other traffic tickets, including but not limited to:
- Driving Under Suspension (DUS)
- Driving Under The Influence (DUI)
- Driving Under Alcohol Concentration (DUAC)
- Driving Without A License
- Reckless driving
- Possession of Marijuana
- Public Intoxication (Public Drunk)
- No Proof of Insurance
- No Proof of Driver’s License
- Failing to give a proper signal
- Failure to Stop
- Racing
- Failure to Yield Right of Way
Call or Come By Our Offices
If you have questions regarding criminal charges and traffic violations, contact our law offices. We speak English, Spanish and Portuguese in the office and we have 4 law offices to serve you across the State of South Carolina.
It is crucial that you have a skilled and aggressive criminal defense lawyer on your side. We have been defending people for nearly 15 years, and we have handled cases in every county in the state of South Carolina. We have the knowledge, experience and aggressive courtroom defense tactics to handle your case with speed and efficiency, so that you can get back to what matters most.
If you would like to speak with an attorney by phone, call us today toll-free for immediate help. At the Woods Law Firm, help is just a heartbeat away.