South Carolina Gun Lawyer
Compared to many other states, South Carolina enforces few restrictions on the Second Amendment rights of its residents. However, just because state law does not crack down as harshly on gun ownership as other states does not mean there are no rules applicable to gun owners here, nor does it mean that violations of gun regulations cannot lead to serious criminal consequences.
If you are facing any kind of criminal charge related to the possession, brandishing, or discharging of a firearm, you should get in touch with a South Carolina gun lawyer as soon as possible. You have important legal rights in these types of cases, and assistance from a skilled criminal defense attorney is often crucial to ensuring those rights are respected.
Laws Applicable to South Carolina Gun Owners
South Carolina state law does not require residents to acquire any form of license or state permit before purchasing a firearm, nor does it require background checks for private sales or firearm registration in most cases. However, any firearms covered by the National Firearms Act must be registered as required by federal law, and state law only allows residents to possess, store, and/or transfer these types of firearms if they are authorized to do so by an empowered federal agency.
Furthermore, it is against the law for anyone to carry a handgun openly in South Carolina, and anyone who wishes to carry concealed must apply for a permit to do so (CWP). Fortunately, South Carolina is a “shall issue” state when it comes to concealed carry permits, which means that state authorities will always issue permits to anyone who is at least 21 years old and meets the criteria set out by South Carolina Code of Laws §23-31-215. A South Carolina gun attorney could offer further clarification about these requirements, as well as any other aspects of state gun regulations.
Contesting Gun-Related Criminal Offenses
Gun offenses in South Carolina may be classified as either misdemeanors or felonies, meaning that the consequences a defendant could face upon conviction may vary significantly depending on the circumstances. In most cases, offenses involving the unlawful possession of a firearm by an alien or unlawful open or concealed carry of a handgun are misdemeanors punishable by a maximum jail sentence of one to three years and $1,000 to $10,000 in fines. In South Carolina, the unlawful carrying of a weapon carried a maximum penalty of up to one year in prison.
Conversely, felony gun charges are punishable by multiple years in state prison and usually involve the illegal sale, transport, or manufacture of handguns, or the illegal possession of certain machine guns, rifles, and sawed-off shotguns. The possession or use of a deadly weapon during the commission of a separate crime can also result in enhanced penalties upon conviction for the other offense.
Like potential penalties, potential defenses for gun charges will vary based on the nature of the offense and the circumstances of the defendant’s arrest. A gun lawyer in South Carolina may be able to help fight gun-related criminal allegations by showing that the defendant’s arrest resulted from mistaken identity, a misunderstanding, or improper police procedures.
Seek Help from a South Carolina Gun Attorney
Gun rights are particularly important to many South Carolina residents, and for the most part, state law protects those rights and allows for responsible gun ownership without too many restrictions. However, if you are accused of a gun-related crime, you should take your case extremely seriously, as a conviction could subject you to steep fines and potentially put you behind bars for a long time.
Once retained, a South Carolina gun lawyer could fight relentlessly on your behalf to pursue a favorable case resolution. To learn more about the help a seasoned attorney could provide, call today.
