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Johnathan MWhat Are Illegal Firearms in South Carolina?
Illegal firearms in South Carolina are detailed in Article 2 of Title 16, Chapter 23 of the SC Code of Laws. These laws cover “machine guns and military firearms,” regardless of the possessor’s criminal record or concealed weapons permit status, ensuring strict compliance is necessary.
The main prohibited weapons under South Carolina law include:
Machine guns. According to S.C. Code § 23-31-310, a machine gun is any weapon that can automatically fire more than one shot per trigger pull. This definition encompasses frames, receivers, conversion parts, and combinations that can form a machine gun, making any possession without proper licensing illegal.
Sawed-off shotguns. These are shotguns with barrels shorter than 18 inches or modified shotguns with an overall length under 26 inches, often resulting in both state and federal charges due to their restricted nature.
Sawed-off rifles. Rifles with barrels shorter than 16 inches or modified rifles with an overall length under 26 inches fall into this strict category.
Military firearms. South Carolina also bans weapons made specifically for military use under federal government contracts, beyond standard rifles and shotguns that fire once per trigger pull. This ensures that civilians do not possess military-grade weapons without explicit federal permission.
Under S.C. Code §§ 16-23-220 and 16-23-230, transporting, storing, keeping, possessing, or selling these weapons is illegal in South Carolina. These laws relate closely to federal regulations under the National Firearms Act (NFA), which requires registration of machine guns, short-barreled firearms, suppressors, and destructive devices. Possession of an unregistered NFA item constitutes a federal felony, reflecting the seriousness of these offenses.
Penalties for Illegal Firearms in Greenville, SC
Violating South Carolina’s illegal firearms statutes, punishable under S.C. Code § 16-23-260, can lead to:
A felony charge
Up to 5 years of imprisonment per offense, emphasizing the state’s strict stance on illegal firearms
Court-determined fines, which can be substantial and financially burdensome
Weapon confiscation, resulting in permanent loss of the firearm
Federal charges under the National Firearms Act and 26 U.S.C. § 5861 for unregistered NFA items carry penalties of up to 10 years in federal prison and a $250,000 fine per count. Federal charges often accompany state charges in Greenville, particularly if the firearm was modified (e.g., a semi-auto converted to full-auto) or linked to another crime, creating a compounded legal threat.
The consequences can escalate quickly. If you’re both a felon and in possession of an illegal firearm, you face charges under both S.C. Code § 16-23-500 (felon in possession, up to 5 years) and illegal firearms statutes, potentially serving sentences consecutively. If the illegal firearm is used during a violent crime, a mandatory five-year enhancement under S.C. Code § 16-23-490 adds to the severity, underscoring the critical need for a competent defense strategy.
A separate provision under S.C. Code § 16-23-520 addresses teflon-coated ammunition. It’s illegal to use, transport, manufacture, possess, distribute, sell, or buy ammunition coated with polytetrafluoroethylene, creating additional legal exposure and emphasizing the need for awareness of all potential charges.
How Illegal Firearms Cases Are Prosecuted in Greenville County
In Greenville County, illegal firearms cases often stem from traffic stops, searches, or arrests related to other issues. Law enforcement may find modified weapons, short-barreled firearms, or suspected machine guns and pursue state and federal charges, resulting in a complex legal scenario.
The ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) has a notable presence in South Carolina, actively investigating cases, especially those involving modified weapons or trafficking. A state charge in Greenville County can quickly transition to a federal case in the United States District Court for the District of South Carolina, necessitating an experienced defense attorney.
Weapon technical analysis is often vital to the case. Questions regarding a firearm’s classification as a machine gun, its firing mechanism, or its potential to be “readily restored” require skilled evaluation. Barrel length or overall weapon length also determines whether a sawed-off classification applies, making professional testimony crucial.
Cases involving suspected auto-conversions (turning semi-automatic firearms into automatic ones) gain significant attention from federal prosecutors. Finding a conversion device, even when the weapon appears standard, can lead to serious federal charges, highlighting the need for thorough legal examination.
Illegal firearms cases often involve related charges. Felon in Possession of a Firearm charges appear frequently alongside illegal firearms charges. Weapon During Violent Crime enhancements can add mandatory time. Additionally, the Federal Crimes Lawyer role often proves as crucial as state defense, emphasizing the necessity of comprehensive legal representation.
Defense Strategies for Illegal Firearms
Challenging the weapon’s classification. A firearm’s designation as a machine gun, sawed-off shotgun, or sawed-off rifle is both technical and legal. You can contest ATF and state lab reports through independent skilled analysis. If the weapon does not legally fit its classification, the charge does not hold, potentially leading to dismissal.
Attacking the search. The Fourth Amendment is often powerful in illegal firearms cases. If authorities found the weapon via an unlawful stop, extensive search, or an incorrect warrant, a suppression motion can dismiss the evidence. Without the weapon, the prosecution typically falters, highlighting the importance of constitutional rights.
Contesting possession. Like other firearm charges, the prosecution must prove possession. If the firearm was discovered in a shared space, vehicle, or location accessible to others, proximity doesn’t automatically prove possession, providing a viable defense angle.
Asserting a legal exception. Exceptions exist under South Carolina law for certain individuals, including federally licensed dealers and law enforcement officers. If you had a valid license, registration, or authorization, that exception is a complete defense, making it critical to explore all possible legal avenues.
NFA compliance. Registering a weapon under the National Firearms Act can exempt you from most federal possession charges. Verifying registration or compliance steps is crucial for defense, underscoring the importance of thorough legal investigation.
The comprehensive Weapons Charges Lawyer overview includes details on numerous South Carolina firearms offenses. If your situation involves carrying in a prohibited area, you might face separate charges under Unlawful Carrying of a Weapon, adding to the complexity of your case.
Why You Need an Illegal Firearms Lawyer in Greenville
Handling illegal firearms cases requires navigating complex laws and significant felony risks at both state and federal levels. Understanding the weapon’s technical specifications, the validity of the search, and potential federal charges demands an attorney adept in firearms law and federal procedures, ensuring your rights are protected.
John Crangle offers legal defense for weapons charges in Greenville and the 13th Judicial Circuit. He possesses extensive knowledge of South Carolina and federal firearms laws, and provides defense for Violent Crimes when firearms charges arise. If your case involves an illegal firearm, whether it’s modified, suspected as an NFA item, or short-barreled, seeking legal assistance is crucial to ensure the best possible outcome.
Contact John Crangle for a consultation today. If a prior conviction impacts your firearm rights, inquire about Expungement options for your case, providing a path to restoring your rights where possible.