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.
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?
In South Carolina, being a felon in possession of a firearm is a felony. The penalty depends on how many times a person has been convicted of this offense. A first offense carries up to 5 years in prison. A second offense carries a required minimum of 5 years and up to 20 years. A third or later offense carries a required minimum of 10 years and up to 30 years. The firearm is also taken by law enforcement.
If a person has a gun while committing certain violent crimes, an added penalty of 5 years can apply. Federal law can add its own charges and penalties as well.
State Variations: Gun laws for people with felony records differ from state to state. They vary in who is barred and how rights can be restored.
North Carolina also bans firearm possession by felons, but it lets someone with a single nonviolent felony ask a court to restore their rights after a long waiting period. Georgia bans it too, and a person there must get a pardon from the State Board of Pardons and Paroles that specifically restores firearm rights. If your conviction was in another state, that state’s rules apply, so check the law where you were convicted.
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 “possession” may be defined as having control over an item. The law recognizes two types of possession:
- Actual possession and
- Constructive 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.
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?
In South Carolina, a person with a felony conviction does not get their firearm rights back just by waiting. Time alone does not restore them. For most felonies, the main way to restore the right to own a firearm is a pardon.
A pardon is an act of official forgiveness from the state. You apply for it through the South Carolina Department of Probation, Parole and Pardon Services. A pardon that restores your civil rights, and does not add a firearm restriction, gives your firearm rights back under state law. To qualify, you must have finished your full sentence, including probation and parole, and paid all fines. You also need to show a law-abiding record for a period of time after your sentence ends.
Additional Considerations
Process/Steps: To seek a pardon, you apply through the South Carolina Department of Probation, Parole and Pardon Services. You complete the pardon application and send it in with the required information. The agency reviews your case, and the pardon board holds a hearing on it. You may be asked to appear. The board then votes to grant or deny the pardon. The whole process often takes several months.
Evidence: At a pardon hearing, it helps to show that you have changed and lived a law-abiding life. Useful items include proof that you finished your sentence, paid all fines, and stayed out of trouble. Records of steady work, finished classes or treatment, and community involvement can help. Letters from people who know you and can speak to your character are also valuable.
Costs/Fees: The cost depends on the path you take. A pardon application is filed with the state pardon agency. If you instead qualify to clear an eligible record through expungement, the court charges filing and processing fees. You may also pay to get certified copies of your records. If you hire a lawyer to handle the process, attorney fees will add to the total.
For some lower-level offenses, expungement is another option. Clearing an eligible record restores firearm rights along with it. But most felonies cannot be expunged in South Carolina. Expungement is mostly limited to dismissed charges, completed pretrial programs, a first-offense nonviolent drug conviction, and certain minor misdemeanors. Because most offenses that cost a person their gun rights are felonies, a pardon is the route that fits most cases.
The Importance of Hiring a Lawyer: You can try to handle a charge or a pardon request on your own, but the stakes are high. A felony possession charge can send you to prison. On a pardon request, a denial can force you to wait before you try again. A lawyer knows the rules, the deadlines, and the local courts. Good legal help gives you the best chance at a good result.
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.
