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South Carolina has countless law-abiding gun owners. Unfortunately, anyone convicted of a felony will end up losing their gun rights. Both federal and state laws come into play in these cases. If you are a felon in possession, you will face additional criminal charges and possibly years in prison if convicted.
This area of law is confusing. Get the facts about your gun rights by reaching out to Shealey Law Firm. Our Columbia, SC criminal defense lawyers have deep experience in cases involving weapons charges. We can review any criminal charges and develop a strong defense. We can also review what steps a convicted felon needs to take to get his or her gun rights back. Contact us today to schedule a consultation with our team.
Federal Gun Prohibitions
Federal law applies throughout the country, so it’s a good place to start. Under 18 U.S.C. § 922(g), you cannot legally possess a gun if you:
- Have a felony conviction from any court in the country; or
- Are a fugitive from justice; or
- Have a conviction for certain misdemeanor domestic violence crimes; or
- Are subject to certain court orders related to domestic violence or serious mental conditions.
This federal prohibition applies regardless of whether you were convicted of a state or federal felony.
So you can have a South Carolina felony and lose your gun rights under this federal law.
If you are caught as a felon in possession of a firearm, then the feds might prosecute you. They give special attention to those convicted of violent or drug-related felonies—but even those with nonviolent felonies are prohibited from possession under Section 922(g).
The maximum penalty for a conviction as a felon in possession is 10 years and a $250,000 fine.
Whether you have been convicted of a crime of violence will likely impact sentencing.
Can a Convicted Felon Own a Firearm under South Carolina’s Law?
Federal law provides a floor, but states can adopt their own gun regulations. South Carolina has done just that. The state also has a law prohibiting certain felons from possessing a gun.
Section 16-23-500 of the South Carolina Code defines unlawful possession by someone convicted of a crime of violence. Under the law, it’s illegal to possess a firearm or ammunition in South Carolina if you have been convicted of a crime with a term of imprisonment lasting more than a year—that is, a conviction of a felony.
Anyone violating this provision is facing serious penalties:
- First offense: You can face up to 5 years in prison for being a felon in possession under South Carolina law.
- Second offense: You are looking at a mandatory 5 years in prison, but up to 20 years maximum.
- Third offense: You face a mandatory minimum of 10 years, with a maximum of 30 years.
These serious penalties illustrate the government’s commitment to keeping guns out of the hands of felons.
If you are facing charges, call our office. We can review what defense to bring. Unfortunately, you can’t argue ignorance of the law. Instead, all people are supposed to know the law and follow it.
Instead, we might be able to raise other defenses, such as reasonable doubt or a technical violation of your constitutional rights to be free of unreasonable searches or seizures. If the police lacked a warrant to search your home, then we might request that a judge toss the evidence out of court. It’s possible the case against you will fall apart at that point. Let’s get together and review.
Can a Non-Violent Felon Own a Firearm?
Felons are prohibited under federal law from owning a firearm. Technically, you are guilty of being a felon in possession even if your felony was non-violent. Nonetheless, you might be able to get your gun rights restored if you were convicted of a non-violent South Carolina felony.
How Can a Felon Own a Firearm Legally? (Getting Rights Restored)
Some convicted felons might be able to get their gun rights back. If you are convicted under state law, then you can get your gun rights back if you seek:
- Pardon; or
- Restoration of civil rights; or
- Expungement.
You should work closely with an experienced lawyer at Shealey Law Firm to identify the correct course of action. There are differences between getting a pardon or the restoration of your civil rights.
An experienced lawyer can help you think through your options.
South Carolina has many requirements you must meet. You must have completed all the terms of your sentence, including parole, and you cannot have picked up another felony charge. We will gladly review your criminal history to see if you are eligible to seek restoration of your civil rights.
Unfortunately, there is no process for restoring civil rights if you committed a federal felony. That means defendants who face federal felony charges have fewer options for getting their gun rights back.
Speak with a Berkeley County Weapons Defense Lawyer Today
Anyone accused of being a felon in possession should immediately contact Shealey Law Firm. You are facing stiff penalties if convicted. It is a serious mistake to assume the government will be lenient on you. Both state and federal prosecutors are prone to throw the book at people accused of illegally possessing a firearm. The good news is that our firm has years of experience in criminal law and can mount a serious defense on behalf of our clients.
We can also help with getting your gun rights back if you have a disqualifying conviction. This is a complex process, and the path to restoration of gun rights is different for everyone. Some clients might need to seek a pardon instead of a restoration of civil rights, while other people need to wait to complete their sentence. Everything depends on the facts. Call Shealey Law Firm to speak with an experienced criminal defense lawyer today.