An individual who has been convicted of a felony criminal offense in South Carolina loses their right to possess a firearm. In South Carolina, a felony is a crime that can be punished by incarceration of more than 1 year. Generally, felons in South Carolina are forbidden to possess firearms even in their own homes. A local South Carolina attorney can tell you more.
An individual who has been convicted of the following types of crimes are prohibited from possessing firearms:
- Felony crimes that involve violence
- Felony crimes that are related drugs
- Felonies that arise from domestic violence
- Felony property crimes, e.g., burglary or arson
In fact, it is a felony criminal offense for an individual who has already been convicted of a felony to do any of the following:
- Own a firearm
- Control a firearm
- Possess a firearm
- Transport a firearm.
In addition, if a defendant is convicted of certain misdemeanors, in most cases crimes of domestic violence the firearm does not have to be in working order for possession to be a criminal offense. If it is a weapon designed to deliver deadly force, it qualifies as a firearm under the law.
In addition, 2 or more defendants can possess a firearm at the same time. An individual does not have to be touching or holding a firearm to possess it. An individual would be able to consult with an attorney to learn more.
In addition, if a defendant is convicted of certain misdemeanors, in most cases crimes of domestic violence, they may be prohibited from possessing a firearm. Individuals who have been convicted of certain disqualifying crimes in South Carolina face permanent loss of their right to own, control, or possess a firearm.
This prohibition covers all types of firearms. There are no exceptions for possessing a firearm for hunting, sporting or self-defense purposes. Possession of even a firearm’s frame or receiver could result in a criminal charge. It is not a defense to the crime that the defendant did not know that their criminal conviction made it illegal for them to possess a firearm.
In addition, defendants who have been convicted of a crime and are on probation or parole, under community supervision, or on work furlough may not possess a firearm or other prohibited weapons.
What Is the Minimum Sentence for Felon in Possession of a Firearm?
The punishment for felon in possession of a firearm, as the crime is known in South Carolina, depends in part on the nature of crime and the defendant’s criminal history. A first-time offense for unlawful possession is a misdemeanor criminal offense that can be punished by imprisonment for up to 1 year in a county jail and/or payment of a fine of up to $1,000, or both.
However, if the defendant is convicted of felony unlawful possession, they may be punished by a mandatory minimum sentence of 5 years in state prison without the possibility of parole.
If a defendant possesses a firearm while committing a drug trafficking or violent offense, sentence enhancements would apply. This means that their punishment would be more harsh. For possessing a firearm while committing a drug-related felony, a perpetrator could be sentenced to imprisonment for as much as 5 additional years.
Federal law allows mandatory minimum sentences ranging from 5 years to life in prison, depending on the circumstances.
Can a Felon Be Around a Person With a Gun?
An individual who has been convicted of a felony would probably want to stay well away from firearms. This would mean avoiding the presence of others who have firearms because South Carolina law defines “possession” as having control over an item. There are two types of possession:
“Actual possession” means that the convicted felon has direct, physical control of a firearm. For example, they might have it on their person or in the glove compartment of their car.
An individual who has been convicted of a felony would probably want to stay well away from firearms. This would mean avoiding the presence of others who have firearms because “possession” may be defined as having control over an item. The law recognizes two types of possession:
- Actual possession and
- Constructive possession.
The term “constructive possession” means having access to a firearm or the right to control it, even when the item is not within an individual’s actual physical possession or even within their physical reach. It is easy to imagine that a convicted felon in the presence of another who owns a gun that is physically accessible to both of them could be charged with the crime of possession.
Even if the convicted felon does not own the firearm, they might end up charged with possession and have to appear in court to argue that it was not theirs and they did not have constructive possession of it.
What Weapons Can a Felon Own To Protect Themselves?
As noted above, a “firearm” is any device intended to be used as a weapon and is powered by an explosion or combustion to expel a projectile through a barrel. To be convicted of the crime of being a felon in possession of a firearm does not require that the firearm is loaded or in good working order.
In South Carolina law, a “firearm” may be any of the following:
- Long guns
- Handguns
- Pistols
- Rifles
- Concealed firearms.
An individual with a felony conviction would want to be sure to consult specific local laws also, because municipalities may impose additional restrictions or requirements on the possession of such devices as tasers and stun guns by convicted felons.
Otherwise, an individual who has been convicted of a felony might want to stay well away from firearms of all types. They might consider exercising extra caution in their activities to avoid any risk of harm and calling the police if their safety is threatened.
Can a Felon’s Gun Rights Be Restored?
An individual who has felony and/or misdemeanor convictions may restore their right to possess a firearm in South Carolina.
South Carolina law provides a process known as “restoration of rights” which allows some convicted felons to restore their right to possess a firearm.
In South Carolina, the requirements for restoration of one’s gun rights by an individual who has been convicted of a crime for which the sentence is over 1 year of imprisonment are as follows:
- The defendant must have completed the terms of their sentence.
- The defendant must complete the waiting period of 5 to 10 years.
- They must have successfully completed any mental health treatment program they were ordered to attend.
- They must not have been convicted of any other crime for which the punishment is over 1 years of imprisonment since they were convicted.
- They must not have been legally determined to be mentally ill or a drug addict.
- They must not belong to a criminal street gang or be a fugitive from justice.
If the defendant meets the requirements for restoration, they would file a petition in court and then attend a court hearing on the petition. The court would deliver a decision after the hearing.
However, in South Carolina, a defendant who has been convicted of certain misdemeanor criminal offenses may have their right to possess a firearm restored through expungement.
Records of misdemeanors and what are referred to as “summary offenses” punished by not more than 30 days in jail and/or payment of a fine of $1,000 may be expunged. Expungement is not going to be used much because the vast majority of offenses that result in the loss of the right to possess a firearm are felonies.
Of course, there must be no other charges against the defendant pending. Traffic offenses are not eligible. A first offense for possession of a firearm is eligible for expungement. Expungement of criminal records may be granted only once.
If an expungement is successful, any and all records of the prior conviction are removed from public access, and a defendant’s right to own or possess a firearm is restored. Of course, all of the other legal requirements for purchase and ownership must be met.
Do I Need a Lawyer if I Am Charged With Felon in Possession of a Firearm?
If you have been charged with felon in possession of a firearm, you need to consult a South Carolina criminal lawyer. LegalMatch.com can quickly connect you to an experienced lawyer who can tell you about your rights and how they can be restored if restoration is available to you in your case.
