Columbia Gun Lawyer

Serving as a means of personal protection and an essential piece of sporting equipment, guns are deeply ingrained in local culture, where gun-ownership levels are high.  Since South Carolina is one of the most gun-friendly regions in the United States and delineates explicitly the right to bear arms within the state constitution, many laws heavily regulate firearm and ammunition sales, use, and possession.

However, criminal charges relating to guns are increasingly common in Columbia, especially for illegally carrying firearms.  If you face firearm-related criminal charges such unlawful carrying of a pistol in SC, you should promptly reach out to a knowledgeable defense attorney.  A Columbia gun lawyer could help you navigate the potentially complex criminal justice system throughout your case.

Carrying a Concealed Weapon in Columbia

A concealable weapon is a firearm that is less than 12 inches long at its greatest dimension and must be carried hidden from public view except when the person carrying it needs to use it for self-defense, to defend others, or in protecting personal or real property.  Law enforcement officers in the course of their duties or individuals who carry concealed weapons in accordance with the Law-Abiding Citizens Self-Defense Act of 1996 would not be subject to criminal charges with respect to concealed carry.  A firearms attorney in the area could determine whether an individual would meet the requirements for legal concealed carry under that act.

Concealed Carry Violations

Under South Carolina Code §16-23-460, an individual satisfies the elements of the misdemeanor of carrying a concealed weapon if there was a concealed, deadly weapon on their person and the weapon was of the type usually used to inflict personal injury.  If convicted, the penalty is a $200–$500 fine or a 30- to 90-day imprisonment, in addition to weapon forfeiture to the city or county in which the crime occurred.  Notably, this applies to rifles and shotguns only if they are used in furtherance of a crime or with the requisite intent to commit a crime.

What are the Laws for Carrying a Handgun?

State law is uniquely strict to handguns, which S.C. Code §16-23-10 defines as any firearm — excluding antiques, curiosities, collectors’ items, or guns that do not fire fixed cartridges — that is designed to be fired from the hand and expels projectiles.

For Unlawful Carrying of a Handgun, S.C. Code §16-23-20 states that an individual has committed a Class C misdemeanor if they had possessed a handgun in public and did not meet one of the delineated exceptions in the statute, such as for law enforcement officers, licensed hunting, and concealed weapons permit holders.  This also includes “a person in a vehicle if the handgun is: (a) secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle”.  If convicted of unlawful carrying of a pistol, the penalty is up to $1,000 in fines and up to one year’s imprisonment.

A gun attorney in Columbia with broad criminal defense experience could provide counsel on the best course of action.

Location-Based Carry Restrictions

In certain circumstances, the property onto which an individual carries a gun may satisfy a specific element of a crime.  The property in question may include public buildings and school property.

Public Buildings

Under S.C. Code §16-23-420, it is a Class F felony to carry, display, threaten with, or brandish a firearm while within or adjacent to any property or premises that are owned, controlled, or operated by any public or private school or publicly owned building. The law does not apply to security guards, members of the military, law enforcement officers, military science students, and authorized named residents within student housing. If convicted of carrying a firearm in a public building, the penalty is up to $5,000 in fines or up to five years in prison.

School Property

Under S.C. Code §16-23-430, it is a Class F felony to carry a firearm onto any elementary- or secondary-school property when the accused is neither a law enforcement officer nor authorized by school officials. If convicted, the penalty is up to $1,000 in fines and up to five years in prison. However, if the accused is younger than age 17, family court has exclusive jurisdiction.

Speak with a Columbia Gun Attorney Today

The state of South Carolina takes gun violations seriously. In addition to prison sentences and monetary fines, conviction on gun-related criminal charges often precludes individuals from owning or using guns in the future.

If you face firearm-related charges, it is important to seek legal help as soon as possible.  A Columbia gun lawyer could determine how to best develop a strong defense in court and preserve your rights.  Call today to get started.