Unlawful Possession of a Handgun in South Carolina

Unlawful possession of a handgun is a criminal charge in South Carolina. In general, possession of a registered handgun by a licensed person is legal in South Carolina.  However, there some instances where possession of a gun in South Carolina is against the law. Those cases may require a South Carolina criminal defense attorney to assistant you in unlawful possession of a handgununderstanding what your rights are.  Unlawful gun possession is covered by statute.

Unlawful possession of a gun in certain circumstances

  • It is against the law to knowingly possess a gun that the defendant knows to be stolen.
  • It is against the law to possess a gun that has had the original serial number removed or obliterated.

Unlawful possession of a gun by certain persons – South Carolina criminal statutes do not allow certain people to lawfully possess a gun.

  • A person judged to be mentally incompetent
  • A personal convicted of a violent crime
  • Persons convicted of domestic violence

Criminal classifications for unlawful gun possession in South Carolina

  • Misdemeanor – Typically unlawful possession of a handgun in South Carolina is treated as a felony, however there are some instances that it is treated as a misdemeanor.
  • If the violator is a law enforcement officer
  • If the violator is a licensed hunter
  • If the violator is a member of a target shooting club
  • Felony – Most other instances of unlawful possession of a handgun in South Carolina are considered felonies and are punished as such if convicted

Criminal punishments for unlawful possession of handgun in South Carolina

  • Misdemeanor punishment if convicted includes up to a $1000 and up to 1 year in jail
  • Felony punishment if convicted includes up to a $2000 fine and up to 2 years in jail

If you have been charged with any crime in South Carolina, you should contact a Carolina criminal defense attorney immediately. If you need a York criminal defense lawyer or Lancaster criminal defense lawyer, call us today.

 
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