When it comes to the Second Amendment, South Carolina is a very friendly state. There are a variety of reasons that a person may opt to carry or possess a firearm. They may want to carry one for self-defense and safety, but they may also use one for sport. Hunting is increasingly popular and when hunting season arrives, many hunters will be transporting a variety of guns, including rifles and shotguns.
It’s relatively easy to have legal possession of firearms in South Carolina, provided that the person has a clean criminal record. If you have domestic violence or felony conviction, you will not be able to pass the screening process to buy a firearm. A person is allowed to legally transport a handgun to and from their house or place of employment. You are not, however, allowed to carry a handgun into a bank, school, or government building. You cannot carry a weapon if you have been consuming alcohol.
Unlawful Possession of a Firearm
Although South Carolina is a gun-friendly state, there are certain situations in which it is illegal to carry a firearm. Unlawful possession of a firearm is typically considered a misdemeanor crime and can result in up to one year in jail. This crime happens frequently and most often occurs when a person has a handgun in their car, but they don’t carry a concealed weapon permit. If the gun is hidden under their seat or in a bag, it is considered unlawful possession of a firearm. Prosecutors are typically very aggressive when it comes to these cases and rarely have the desire to dismiss them.
Penalties for Unlawful Possession
While most unlawful possessions are misdemeanor offenses and may result in up to one year in prison, possession of a stolen pistol is a different situation. This is a felony charge and can result in up to five years in prison. If charged with one of these crimes, you will be arrested and booked into jail, then have to attend a bond hearing. After that, you will go through a first and second appearance in court where you will be able to retain or be assigned a Charleston criminal defense attorney to ensure your rights are protected.
Contact an Experienced Criminal Defense Attorney Today
Although South Carolina is a Second Amendment-friendly state, it can still be easy to be charged with unlawful possession of a firearm. If you have been charged with this crime, it is important to understand your rights and ensure that your Charleston criminal defense attorney is creating the best possible defense strategy available for your situation.
There are a variety of laws that you must adhere to when in possession of a firearm, including breaking any other laws, not drinking alcohol or using prescription medications that can impair you, or using drugs. Not only are these behaviors unsafe, but they’re illegal, too. If you have broken these laws, or have questions about them, contact the Charleston Criminal Defense attorneys at the David Aylor Law Offices today to schedule a consultation and ensure that you know your rights.
David Aylor is a Criminal Defense Attorney who practices in Charleston, Walterboro, and Myrtle Beach, SC. He graduated from the University of South Carolina School of Law, and has been practicing law for 11 years. David Aylor believes in defending the accused. Learn more about his experience by clicking here.