Understanding Types of Firearm Charges in South Carolina

South Carolina heavily regulates guns. Anyone accused of breaking one of these laws can face serious criminal penalties and possibly the loss of their gun rights. Contact William G. Yarborough, Attorney at Law, today to discuss any firearm charges you are facing. Our firm has defended many people from some of the most common firearm charges, which our Greenville criminal defense lawyer reviews below.

Unlawful Possession of a Firearm in South Carolina

Both state and federal laws prohibit certain people from possessing a firearm. You could face a possession of a firearm charge in the following situations:

Minors in possession. Generally, minors under 18 cannot legally possess a firearm. There are limited exceptions for hunting and other situations.
Mentally incompetent. South Carolina Code § 23-31-1040 prohibits individuals adjudged mentally incompetent from possessing a firearm.
Felons in possession. Someone with a felony conviction cannot possess a firearm under S.C. Code § 16-23-30(B). This is a felony firearm charge, and you can face up to five years in prison if convicted.
Domestic Violence defendants. Federal and state laws prohibit those convicted of domestic violence or subject to certain protective orders from possessing a firearm.

Possession of a Firearm on School Property

You cannot carry a firearm onto school property. This is a felony if you carry onto the grounds of an elementary school, secondary school, college, university, or technical school. This is a felony charge, with up to 5 years in prison. (S.C. Code §16-23-420).

Unlawful Sale, Delivery, or Transfer of a Firearm

The state also criminalizes selling or delivering firearms in certain situations. For example, a defendant can face charges for selling a gun to a prohibited person, like a minor.

Pointing a Firearm

It is illegal to point a firearm at a person in South Carolina. Under S.C. Code § 16-23-410, you can face charges whether you point a loaded or unloaded firearm at someone. This is a felony firearm charge, with a defendant facing up to five years in prison.

Unlawful Discharge of a Firearm in South Carolina

South Carolina law criminalizes the discharge of a firearm in various situations:

Discharge from a building or vehicle. It is illegal to discharge a firearm at or into a house, building, structure, or vehicle. This is a felony firearm charge, with a penalty of up to 10 years in prison. (S.C. Code § 16-23-440.)
Discharge while intoxicated. You can face a misdemeanor charge if you carry or use a firearm while under the influence of drugs or alcohol. (S.C. Code § 23-31-400.)
Reckless endangerment. A defendant can face charges if they endanger someone recklessly, which can include recklessly discharging a firearm close to someone.

Possessing a Stolen Firearm in South Carolina

It is a felony firearm charge to have possession of a known stolen firearm. For example, you can face charges if someone steals a firearm and gives it to you, provided you know it is stolen.

Unregistered Firearm Charge

South Carolina does not have a general law requiring the registration of firearms. However, some laws require registration of certain firearms.

Machine guns, sawed-off shotguns, and sawed-off rifles must be registered under federal law. If you fail to properly register, you can face up to 10 years in prison for this felony firearm charge.

Federal Firearm Charges

Federal law also applies throughout South Carolina. Many defendants end up facing federal charges related to weapons:

Felon in possession of a firearm. Under federal law, a felon can face criminal charges for possessing a firearm.
Firearms are used to further drug trafficking. Under 18 U.S.C. § 924(c), a defendant can face a sentencing enhancement if they use, carry, brandish, or discharge a firearm during the commission.
Possession of an unregistered weapon under the National Firearm Act. You can face federal charges for not registering certain weapons, such as silencers, machine guns, or short-barreled rifles, among others.

Federal charges require an experienced lawyer who can handle a criminal case in federal court. Federal prosecutors have unlimited resources to throw at a defendant, so you must hire a skilled defense lawyer.

How Do Lawyers Defend Against Firearm Charges?

The right defense depends on the facts. There is no one-size-fits-all approach to gun crimes. Some defendants might easily raise a reasonable doubt or even get a case dismissed because of errors the police made. Others might face an airtight case against them and hope they can negotiate a favorable plea deal.

Here are some questions we always ask when looking at the evidence:

How did law enforcement find the firearm? The police need a legal reason to stop someone and perform a search. Generally, officers need at least reasonable suspicion to make a brief investigative stop, and they need reasonable doubt to search your property (unless you consent). If the officer found or seized the firearm without legal justification, we can ask a judge to suppress it.
Is there proof you had the firearm? The cops might find a gun in the attic of a house you are renting, or it may be on the outskirts of your property. That might not qualify as possession.
Did you have criminal intent? Firearm charges usually require that a defendant intentionally or knowingly acted a certain way. If you negligently discharge a firearm, you might not face criminal charges.
Were you being attacked when you brandished or pointed a gun? You have a right to self-defense in many cases, and you should not face a charge for pointing a gun at someone if you were merely defending yourself.

We might even seek a plea deal if the state is open to that possibility.

Speak with an Experienced Greenville Criminal Defense Lawyer

Attorney Yarborough is ready to help anyone accused of firearms charges in the 29609 zip code. Although some offenses are misdemeanors, most weapons charges in South Carolina are felonies. Defendants face the possibility of years in prison if convicted, and there is no reason to delay reaching out to our firm. Contact us for an individualized consultation and, if hired, we will work overtime to bring the strongest defense.