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Both South Carolina and U.S. federal law prohibit felons from owning guns in South Carolina. If you’re convicted, or if you’re currently facing felony charges, there are important things to know. Our experienced Columbia criminal defense lawyers at Shealey Law Firm explain whether convicted felons can lawfully own a gun in South Carolina.
What Does Federal Law Say About Felons and Firearm Possession?
Under 18 U.S.C. § 922(g), convicted felons are prohibited from owning or possessing firearms. The law includes anyone convicted of a crime punishable by more than one year. The law applies to any court, so even if the conviction is in a state court, a person with a felony conviction is banned from possessing firearms under federal law.
Restoration of federal rights
If the state that entered the felony conviction restores the person’s gun possession rights, it also restores the person’s federal rights. Completing the felony sentence does not automatically restore federal firearm rights.
What Does South Carolina Law Say About Felons Owning Guns?
S.C. Code § 16-23-500 says that felons may not possess firearms in South Carolina.
The law says that the ban applies to offenses punishable by more than one year in prison. However, misdemeanors punishable by five years or less, as well as certain antitrust, trade, and business offenses, are excluded.
In addition, S.C. Code § 16-23-30 prohibits the possession of firearms by anyone convicted of a crime of violence. The law lists crimes of violence in S.C. Code § 16-23-10(3), including murder, robbery, housebreaking, assault with intent to commit any offense punishable by more than one year imprisonment, and other offenses.
What Are the Penalties for a Felon in Possession of a Firearm in South Carolina?
Penalties for a felon in possession of a firearm in South Carolina are as follows:
First offense. Felony, up to five years in prison, and firearm confiscation.
Second offense. Felony, five to 10 years in prison, and firearm confiscation.
Third offense. Felony, 10 to 30 years in prison, and firearm confiscation.
Law enforcement must return the firearm to the innocent owner once legal proceedings are concluded.
Federal penalties
If charged under U.S. federal law, a felon in possession of a firearm is punishable by up to 10 years in prison and a fine of $250,000. If the person has three or more violent felony or drug trafficking convictions, they may receive a 15-year minimum sentence. Approximately 97.6% of people convicted of U.S. felonies in possession of a firearm received a prison sentence.
Can a Convicted Felon’s Gun Rights Be Restored in South Carolina?
Yes. A convicted felon’s gun rights can be restored in South Carolina, but it is not automatic. There are steps you must take to remove the conviction, and your case must be approved.
What Is the Process for Restoring Firearm Rights After a Felony Conviction in SC?
Restoring firearm rights after a felony conviction in South Carolina requires:
Pardon
In South Carolina, a pardon board decides pardons, not the Governor. It’s not impossible; in an 18-month period, the board granted 660 pardon requests out of 1,277 applications, a 52% approval rate. Most applicants are felons.
To maximize the likelihood of success, an application should be careful and thorough, include letters of support, required information, and with case restitution fully paid.
Expungement
Expungement is the court’s removal of a conviction. South Carolina allows expungements for felonies only for first-time offenders sentenced under the Youthful Offender Act (YOA). Procedures for expungement are found in the Uniform Expungement of Criminal Records Act, S.C. Code § 17-22-910.
Convictions vacated
A vacated conviction is post-conviction relief through the court. You must have grounds, such as newly discovered evidence or misconduct in the legal process. Federally, you would file a Motion to Vacate under 28 § U.S.C. 2255. You should consider all possibilities to restore your firearm rights, but having a conviction vacated is not the most common route.
What process do I use?
An experienced attorney can evaluate how you might restore your firearm rights in South Carolina.
Does a Pardon Restore Your Gun Rights in South Carolina?
Yes, a pardon, expungement, or conviction set-aside restores your gun rights in South Carolina, unless the approval process specifically states that your firearm rights will not be restored.
What About Domestic Violence Convictions? Can You Own a Gun in South Carolina?
If you’re convicted of domestic violence, you cannot lawfully own a gun in South Carolina. This is true under both federal and South Carolina law. The ban applies even if the conviction occurred in another state or territory. Potential penalties for unlawful possession vary under South Carolina law depending on the circumstances.
Facing Felon-in-Possession Charges in Columbia, SC? Here’s What You Need to Know
Felon-in-possession charges in Columbia, SC, are serious. Your charges may be heard in the Richland County General Sessions court or another local court. An attorney can evaluate the proof against you for defenses and inconsistencies. You must work quickly to build defenses and your legal strategy.
Shealey Law Firm aggressively represents defendants in felon-in-possession of a firearm charges in South Carolina. If you’re charged federally or in South Carolina, please contact us.