Given the severity of a gun charge in South Carolina, aggressive representation is key to dismissing your charges. With nearly 60 weapons-related charges in South Carolina, our Greenville, SC, attorneys have extensive knowledge of the intricacies of these laws and viable defenses. Whether you face misdemeanor or felony offense charges, the legal team at Beasley Tomlinson Law Firm is prepared to advocate for your fundamental rights. Do not hesitate to contact our weapons charges defense lawyers to discuss your weapons-related matter today.
South Carolina Weapons Charges
While the Second Amendment gives U.S. Citizens the “right to bear arms,” this does not apply to all weapons. South Carolina law prohibits machine guns, military firearms, tear-gas guns, sawed-off shotguns, and sawed-off rifles.
South Carolina residents are subject to federal and state laws regarding what weapons they can carry, possess, and use. Common weapons charges that we handle include:
Unlawful Carrying of a Pistol (S.C. Code §16-23-20)
It is illegal for a person to carry a handgun into a law enforcement or correctional facility, courthouse, polling place, daycare facility, school, college, or any other place where carrying a firearm is prohibited under federal law. This is a misdemeanor offense, and you may be imprisoned for up to one year, fined $1,000, or both imprisoned and fined for a first offense. A second offense carries a potential imprisonment of three years, and a third offense is a felony, punishable by five years.
Unlawful Transportation of a Machine Gun, Military Firearm, or Sawed-Off Rifle or Shotgun within the State (SC. Code §16-23-220)
The transportation of a machine gun, military firearm, sawed-off rifle, or shotgun is banned within the state of South Carolina. This applies to transportation for a railroad company or other common carrier, or as an employee or agent acting on another’s behalf. A person who violates this statute is guilty of a felony, punishable by up to ten years in prison, a fine of $10,000, or potentially both.
Carrying a Weapon on School Property (S.C. Code §16-23-430)
It is unlawful to carry any weapons (including a knife with a blade that is over two inches long, a blackjack, a metal pipe or pole, or firearms) on elementary or secondary school property. An exception applies to law enforcement or authorized personnel. Penalties under South Carolina law include a maximum fine of $1,000, imprisonment for five years, or both, and confiscation of your weapon.
Possession of a Firearm or Knife During the Commission of, or Attempt to Commit, a Violent Crime (S.C. Code §16-23-490)
If you are found in possession of a firearm or what appears to be a firearm during the commission of a violent crime, you will face a minimum mandatory sentence of five years. South Carolina Code §16-1-60 lists crimes that are considered violent crimes, among them being murder, criminal sexual conduct (rape), assault and battery with intent to kill, and domestic violence of a high and aggravated nature, to name a few.
Possession or Sale of a Firearm to an Unlawful Alien (S.C. Code §16-23-520)
It is illegal for an alien illegally present in the United States to possess, purchase, sell, lease, rent, or transport a firearm into the State. Conversely, it is illegal for someone to sell, rent, lease, or exchange firearms with another person they know is unlawfully present in the United States. This is a felony offense; you could be sentenced to up to 10 years in prison, fined $10,000, or potentially imprisoned and fined.
Aggressive Representation Against Serious Charges
The consequences of a gun charge extend past jail time and fines, threatening your prospects. Individuals who have violated gun control laws often have difficulty finding a suitable job, renting an apartment, and renewing professional licensure. If you are convicted of a felony, you lose your firearm privileges. While it is possible to have these rights restored through various modes, it can be tedious. Given the collateral consequences of a weapons charge, there is no time to wait to retain experienced counsel.
At Beasley Tomlinson Law Firm, our team will investigate your matter to determine what defenses apply in your case. Common defenses to a weapons charge include self-defense, falsified information, or illegally obtained evidence due to an unlawful search and seizure. If all the criteria are not met as described under statutory law or if the police obtained evidence illegally, this information can negate or reduce your liability.
Accused of Violating a Gun Law? Speak with Our Weapons Charges Lawyers Today
Violating a gun control law in the state of South Carolina is a serious offense with far-reaching penalties. If you or a loved one has been accused of illegal possession, use, transportation, or sale of a firearm, our Greenville weapons charge attorneys are here to safeguard your rights. When looking for knowledgeable, experienced, and trustworthy counsel, look no further than Beasley Tomlinson Law Firm. To discuss your case and legal options, contact us online or call (864) 514-8129 to arrange your consultation.
