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The state of South Carolina is a very friendly state when considering the second amendment. There are many reasons why an individual can opt to have a firearm in their possession. For one, they may want to carry a firearm for their own safety or to use it for self-defense. Also, they may want to use the firearm for sports. Hunting is a very popular sport. When it is time for the hunting season a lot of hunters will be transporting different kinds of firearms. The guns are inclusive of shotguns and rifles.
It is not hard to have legal possession of a gun in South Carolina if you have a clean criminal record in South Carolina. In the case where you have faced felony charges or domestic violence charges, it is not possible for you to pass the screening process of purchasing a firearm. An individual is allowed to legally carry their handgun to and from their residence as well as their work premises or where they have been employed. Even so, a person is not allowed to carry a gun into a government building, a school, or a bank. Also, if you have been taking alcohol you should not carry a weapon.
In the state of South Carolina, unlawful possession of a firearm is classified as a criminal charge. Understanding unlawful possession of a firearm in SC is important if you are living in the state. Even though there are situations where possession of a handgun is illegal, when a licensed person is in possession of a registered handgun in SC it is legal. However, if you are facing unlawful possession charges you may need a criminal defense attorney to help you understand your rights.
Felony vs Misdemeanor Gun Charge
In South Carolina when you are facing gun charges you can either be prosecuted for a misdemeanor or a felony. A felony is a crime that can result in the accused getting a punishment of incarceration for more than a year. On the other hand, a misdemeanor is punishable by fines or other imposed penalties or incarceration of up to one year.
In other instances, instead of the judge imposing a prison sentence they can suspend all or part of the prison term that the individual is supposed to serve and instead sentence them to parole or probation.
In the case where the defendant has violated their parole or probation, the parole or probation sentence can be revoked. The defendant can violate probation or parole by getting arrested for another criminal offense or by sustaining a criminal conviction. Instead of getting parole the judge instead can opt to impose the maximum prison sentence for the charge the accused party is facing. It is important to quickly get in touch with an experienced and skilled South Carolina gun attorney.
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Unlawful Possession of a Hand Gun
Having a weapon charge in SC includes an individual being in possession of a firearm when they have been prohibited. Also, it is considered illegal to knowingly sell, lease, deliver, barter, rent, exchange, transport for sale in SC, or to offer to sell a handgun to a person that has been prohibited.
When talking of a person who has been prohibited it includes:
- A person that is on the run or is a fugitive from justice.
- An individual that has been convicted of a crime of violence.
- A person that has been pronounced mentally incompetent.
- A drug addict or habitual drunkard.
- Individuals that are below the age of 18. However, this does not apply to individuals that operate a gun under the supervision of an adult instructor or a parent.
- A person that is a member or part of a subversive organization.
- Individuals that have been declared to be unfit to carry a handgun by the order of county court judge or a circuit court judge.
There are a few other factors that will as well be seen as unlawful possession of a weapon, particularly a handgun. When you are in the possession of a handgun whereby the original serial number has been obliterated or removed.
The unlawful possession of a handgun in South Carolina is classified as a felony. An individual can get a sentence of fine that amounts up to $2000 or they can serve 5 years in prison and in some circumstances, both sentences can be passed.
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Defenses That Can Be Used in a Gun Charge Case
Legal defenses to common gun charges that a South Carolina gun lawyer may be able to utilize include the following:
There are various legal defenses that a gun lawyer in South Carolina can use to defend common charges that an individual might be facing. Some of these defenses include:
- A case of mistaken identity.
- Police officers or investigators used improper questioning.
- The presence of an alibi.
- Carrying out of illegal search and seizure.
- Inadequate, improper or absence of Miranda warnings.
Gun charges in South Carolina can be prosecuted either in state court or in federal courts. There are a number of federal statutes in the United States that contain federal gun laws.
The federal gun laws contained in these statutes not only govern but as well regulate the trading, manufacturing, transfer, possession, record keeping, and transportation of handguns, firearm accessories, and ammunition. An individual’s right to possess a handgun is regulated by the second amendment of the US constitution.
How Can a Criminal Defense Attorney Help You Fight Unlawful Possession of a Firearm?
Unlawful possession of a firearm is a serious crime. The outcome of the case when one is convicted can be serious and severe.
When you are dealing with a criminal charge that involves a gun charge or a weapon charge you have too much at stake for you to try and deal with it without the help of a legal representative. You will need a knowledgeable and skilled unlawful possession attorney to help you with your case. Getting a lawyer from Touma Law Group is a great choice for you. Our team is skilled and dedicated to your cause. Get in touch with our criminal law firm in Greenville today!