First-time gun charge in South Carolina? It’s scary and can affect many areas of your life from employment to civil rights. South Carolina has strict gun laws and even an unintentional violation can result in big consequences including fines, probation, or jail time. If it’s your first time, understanding the legal system and what to do is key to building a strong defense.
In this blog, we’ll go over what you need to know about a first-time gun charge in South Carolina, the legal process, penalties, and common defenses. We’ll also highlight the importance of an experienced Greenville criminal defense attorney in protecting your rights, navigating the gun laws, and working towards the best possible outcome in your case.
South Carolina Gun Laws
South Carolina law includes specific regulations on who can possess firearms and the types of firearms that are illegal.
Permits
A Concealed Weapon Permit (CWP) is required for concealed carry, which includes a background check, fingerprinting, and a training course. Certain criminal or mental health histories can disqualify you. No permit is required to buy a gun but all concealed carriers must have a CWP. The necessity of a concealed carry permit for lawful possession is crucial, as lacking one can lead to misdemeanor charges and potential legal consequences. Having a valid concealed weapon permit allows individuals to carry a handgun in various secure locations within their vehicle.
Restricted Areas
Firearms are prohibited in certain areas, including schools, government buildings, and private property with no gun signs. Even with a CWP, which is legally recognized by other states, you can’t carry in these areas. Recent changes allow open carry for those with a concealed weapons permit, but it’s still illegal in restricted areas and can result in big consequences.
Prohibited Firearms and Modifications
Fully automatic weapons, short-barreled firearms, and silencers are illegal unless federally registered. Altering a firearm’s serial number or any unauthorized modifications is also illegal and can be a felony.
Background Checks for Firearm Purchases
Dealers must do federal background checks for all handgun purchases. Private sales between individuals are not regulated by the state but use caution to avoid unintended legal problems.
Common First-Time Gun Charges
First-time gun charges in South Carolina vary by situation but certain charges come up for new offenders.
Unlawful Possession of a Firearm
Unlawful possession charges occur when someone is found with a firearm and doesn’t meet the legal requirements such as not having a valid permit in a situation that requires one. This charge applies to someone carrying a firearm in a prohibited area or possessing an unregistered firearm. Penalties for unlawful possession can be fines, probation, or even jail time depending on the circumstances. Federal sentencing guidelines influence the punishment of a person convicted of unlawful possession of a firearm, often involving mandatory minimum sentences and potential sentence enhancements.
Carrying a Concealed Weapon Without a Concealed Carry Permit
Carrying a concealed weapon without a CWP (Concealed Weapon Permit) is a common charge, especially for those who don’t know the state’s permit requirements. Even if the firearm is legally owned, carrying it concealed without a CWP is illegal. Penalties range from fines to potential incarceration and are more severe in sensitive areas like schools or government buildings.
While gun owners are not required to register their firearms or obtain a permit for purchase, they must adhere to specific regulations regarding concealed carry.
Unlawful Use of a Weapon (UUW)
Unlawful Use of a Weapon (UUW) is when you threaten public safety by brandishing or discharging a dangerous weapon, such as a firearm, in a reckless or threatening manner. For first-time offenders, UUW charges usually result in fines, mandatory community service, or jail time especially if the weapon was discharged or used in a way that posed a risk to others.
Possession of an Unregistered or Illegal Firearm
This is possessing firearms that are illegal under state or federal law such as fully automatic weapons or firearms with altered serial numbers. First-time offenders can face serious legal consequences including felony charges if found with prohibited or modified firearms.
Penalties and Legal Consequences
First-time gun charges in South Carolina have penalties that vary based on the charge and the circumstances of the case. Here’s a breakdown of what to expect if you’re facing gun charges for the first time. Serious offenses related to weapon charges could result in a lengthy prison sentence.
Misdemeanor vs. Felony
Gun charges can be misdemeanors or felonies depending on the severity and nature of the offense. Minor infractions such as carrying a concealed weapon without a permit are misdemeanors and can result in fines and short jail time. Felonies are more severe violations like possessing illegal firearms and can result in long-term imprisonment and big fines.
Fines, Probation, and Incarceration
For first-time offenders, the court can impose fines, probation, or jail time depending on the offense. Misdemeanor charges usually result in fines and probation but more severe cases especially those involving UUW or illegal possession of a firearm can result in incarceration. The severity of the penalty depends on the circumstances such as if the weapon was loaded or used in a public area.
Long-Term Consequences of a Criminal Record
A conviction for a gun charge will result in a permanent criminal record which can affect future employment, housing and firearm ownership rights. A misdemeanor can limit your job and housing options while a felony conviction will limit you even more, such as voting and firearm ownership.
Loss of Firearm Rights
Felony convictions can result in the loss of your right to own or possess firearms which can affect your ability to hunt, work in security or engage in other legal firearm-related activities. This loss of rights can extend beyond South Carolina as federal laws also restrict firearm ownership for those with certain convictions.
Defenses for First-Time Offenders
Facing a first-time gun charge can be overwhelming but some defenses can reduce or dismiss the charges depending on the circumstances of your case. Additionally, many defendants opt for a guilty plea in firearms offenses, often negotiating a lighter sentence in exchange.
Mistake of Fact
A mistake of fact defense applies if the offender was unaware of certain facts such as unknowingly possessing a firearm in a restricted area or borrowing a vehicle where a firearm was hidden. This defense applies if the defendant can show they were unaware of the weapon’s presence or location and had no intent to break the law.
Illegal Search and Seizure
If the firearm was found through an illegal search the evidence can be suppressed. The 4th Amendment protects individuals from unreasonable searches and seizures and if law enforcement searched without probable cause this defense can exclude the evidence from the case.
Temporary or Innocent Possession
This defense applies if the individual was holding the firearm temporarily or for safety reasons and had no intent to use it illegally. For example, if someone held a weapon to prevent harm in an emergency the court may consider this defense as long as there was no intent to commit a crime.
Lack of Knowledge of Restricted Status
Some individuals may unknowingly carry firearms into restricted areas without knowing they were not supposed to. For example, if the signage was unclear or absent the defendant may argue they didn’t know they were breaking the law. This defense can be used in cases where the restricted area was not marked.
What to Do After a First-Time Gun Charge
Facing a gun charge for the first time requires you to act fast and smart to protect your rights and your case.
Hire an Experienced Criminal Defense Attorney
The first and most important step is to consult with a criminal defense attorney who has experience with gun cases. A good attorney will explain your rights, explain the charges, and develop a strategy to defend against the allegations. Early legal intervention can make a big difference in reducing the penalty or even getting the charges dismissed.
Don’t Incriminate Yourself
After you’ve been charged, don’t talk to the police without your attorney present. Anything you say can be used against you so don’t make statements or admissions even casually. Your attorney will advise you on how to communicate effectively and safely about your case.
Get Evidence
Gather any evidence that supports your defense such as witness statements, security footage, or documents related to the incident. This information will help your attorney build your case. Also, document any interactions you’ve had with the police as this information will be relevant to your defense.
Know Your Options
Your attorney will explain your options which may include plea bargains, diversion programs, or going to trial. Looking at alternatives like probation or community service programs can sometimes get the charge reduced or dismissed. Knowing your options will help you make informed decisions.
Contact an Experienced Greenville Criminal Defense Attorney Today!
If you’re facing a first-time gun charge in South Carolina, don’t navigate it alone. Our team at Baldwin Law is here to provide the experienced guidance and strong defense you need.
Contact us at 864-630-8503 for a free case review!
