South Carolina Firearm Offenses Attorney
South Carolina takes a hard line when it comes to firearm charges, and the related laws are complex. If you are facing a firearm charge, bringing your strongest defense from the start is key to protecting your rights and safeguarding your future. Working closely with an experienced South Carolina firearm offenses attorney can make a significant difference in the outcome of your case and is always in your best interest.
Open Carry
South Carolina recently implemented open carry for everyone who is at least 18 years old – other than those restricted by law – which allows individuals to carry firearms, whether concealed or open, without a permit. This is referred to as constitutional carry, and it applies to anyone who can purchase a gun legally in the state. Important points to keep in mind include all the following:
- There are no restrictions related to guns inside vehicles.
- Possession of a firearm on its own does not support a stop by the police – instead, they must have a reasonable suspicion that a crime has occurred.
- There are many locations where firearms are still prohibited, including in schools, churches, law enforcement facilities like detention and correctional centers, buildings where medical procedures are performed, public buildings, courthouses, and any place that is clearly marked with a sign prohibiting gun carry.
Firearm Charges
In the State of South Carolina, firearm charges break down into the categories of possession, use, and sale. Some of the primary charges include the following:
- Unlawful carrying of a handgun
- Unlawful sale of a handgun as a restricted person in South Carolina or the unlawful possession of a handgun as a restricted person in the state
- Unlawful possession, sale, or transportation of a machine gun, military firearm, or sawed-off shotgun
- Pointing a firearm at another person
- Bringing a firearm on a school property, including on property owned by a public or private school, college, technical school, university, or other postsecondary institution
Fines and Penalties
Firearms charges involving unlawful carry begin as misdemeanors, which carry fines of up to $2,000 and jail time of up to a year – in addition to the gun being confiscated by law enforcement. From here, things become even more serious. Illegal possession of a firearm is a felony that – for a first offense – carries fines of up to $5,000 and a prison sentence of up to 5 years.
An Experienced South Carolina Firearm Offenses Attorney Can Help
If you’ve been charged with a firearm offense, don’t wait to take action. Matthew Swilley at Swilley Law Firm, LLC, is a seasoned South Carolina firearm offenses attorney who dedicates his impressive practice to skillfully defending the legal rights of clients like you – in focused pursuit of favorable case outcomes that support brighter futures. The outcome of your case is important, so please don’t put off reaching out and contacting us online or calling us at 843-773-2789 for more information about what we can do to help you today.