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Johnathan MWhat is Felon in Possession of a Firearm in South Carolina?
South Carolina’s felon in possession statute is detailed in S.C. Code § 16-23-500. It states that anyone convicted of a crime with a potential imprisonment term exceeding one year, essentially any felony, cannot possess a firearm or ammunition in the state.
You don’t have to be convicted of a violent crime for this law to apply. Any felony conviction qualifies, including drug offenses, fraud, and non-violent property crimes. “Possession” includes actual physical possession or constructive possession, which means if a firearm is found in your home, car, or any location under your control, you’re considered in possession. In South Carolina, establishing constructive possession requires proving both the ability and intent to control the firearm.
Importantly, there are exceptions to this statute:
Offenses deemed misdemeanors, punishable by five years or less
Antitrust, unfair trade practices, or similar business regulation offenses
Convictions that have been expunged, set aside, or pardoned, provided these orders don’t specifically exclude firearm rights
The expungement exception can be vital. If you have a prior conviction that was expunged or pardoned, and the order doesn’t explicitly retain the firearms prohibition, you might not be barred from possessing a firearm under South Carolina law. An attorney can review the specific order and determine if your rights were restored.
Federal law, under 18 U.S.C. § 922(g), imposes a similar prohibition on anyone convicted of a crime punishable by more than one year in prison. Federal courts interpret this broadly, with severe federal penalties. In Greenville County, a felon in possession charge can lead to federal prosecution alongside or instead of a state charge. Understanding how state and federal systems interact can be crucial in formulating a strong defense strategy.
Penalties for Felon in Possession in Greenville, SC
South Carolina law under S.C. Code § 16-23-500(B) includes escalating penalties based on offenses:
First offense: Felony with up to 5 years in prison and/or a fine up to $2,000.
Second offense: Mandatory minimum of 5 years in prison, with a maximum of 20 years.
Third or subsequent offense: Mandatory minimum of 10 years in prison, with a maximum of 30 years.
Mandatory minimums for repeat offenses cannot be suspended or probated. A third felon in possession charge, regardless of circumstances, results in a minimum ten-year prison sentence.
Apart from prison terms, any involved firearm or ammunition is confiscated under S.C. Code § 16-23-500(C). The weapon is delivered to the chief of police or sheriff and can be returned only to an innocent owner who proves ownership and certifies it won’t be returned to the defendant.
Federal penalties under 18 U.S.C. § 922(g) can result in 10 years of federal prison time and a $250,000 fine. Under the Armed Career Criminal Act, defendants with three or more qualifying prior convictions face a mandatory minimum of 15 years in federal prison. Federal sentencing guidelines can significantly increase exposure depending on prior records and circumstances. Understanding the nuances of both state and federal penalties is essential for effective defense planning.
How Felon in Possession Cases Are Prosecuted in Greenville County
Felon in possession charges in Greenville County frequently arise during traffic stops, arrests on other charges, or search warrant executions. They can also occur during domestic disturbance calls if law enforcement finds a firearm in a home where a prohibited person lives.
The 13th Judicial Circuit’s General Sessions Court handles these state charges. The Greenville County Solicitor’s Office prosecutes offenses aggressively, particularly when they involve repeat offenders or when firearms are found in connection with violent crimes. Prosecutors often focus on demonstrating a clear link between the defendant and the firearm, using evidence from surveillance, witness testimonies, or forensic analysis.
A crucial element of each felon in possession case is proving the predicate conviction. The state must confirm the existence of a qualifying conviction and that you were informed of the firearms disability. Prosecutors typically present certified court records to establish this.
The interaction with federal prosecution is significant. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) operates in Greenville County, and federal prosecutors often pursue these cases, especially those involving repeat offenders or firearms linked to violent crimes. Federal prosecution means dealing with federal prison, sentencing guidelines, and a no-parole system. Experienced Federal Crimes Lawyer representation can be crucial.
Together with Weapons Charges Lawyer, understanding South Carolina’s broader firearms laws provides context for how these charges fit into the overall legal framework.
Defense Strategies for Felon in Possession
Challenging possession. Prosecutors must demonstrate actual or constructive possession beyond reasonable doubt. If the firearm was discovered in a shared space, like a common home area, a vehicle with multiple occupants, or a storage facility accessible to others, you can argue genuine dispute over possession. Proximity alone isn’t enough; the prosecution must also establish your knowledge and control or dominion. Demonstrating lack of intent or knowledge can be a powerful defense.
Attacking the search. The Fourth Amendment protects against unreasonable searches and seizures. If a traffic stop was unlawful, if a vehicle or home search exceeded legal limits, or if a warrant was defective or improperly executed, a motion to suppress can remove the firearm from evidence. Without it, the case often collapses.
Examining the predicate conviction. The prior conviction forming the charge basis must be valid. If expunged, set aside, or pardoned without retaining the firearms disability, you may not be a prohibited person. Convictions from other states require examining specific laws to determine if they qualify as disqualifying felonies. This analysis includes checking if the out-of-state conviction aligns with South Carolina’s definition of a felony.
Contesting the weapon classification. Sometimes, the object found isn’t a “firearm” under the statute. For example, a broken or inoperable weapon may not qualify. Whether it meets the firearm definition is a factual question an experienced can address.
Arguing entrapment or constitutional violations. In cases with undercover operations or informants, entrapment defenses or due process arguments may be available based on evidence procurement. If there was undue influence or coercion by law enforcement, this could be a viable defense.
If paired with an Unlawful Carrying of a Weapon charge or a Weapon During Violent Crime enhancement, the combined sentencing exposure can increase rapidly. Strategically addressing each charge as part of an integrated defense is essential.
Why You Need a Felon in Possession Lawyer in Greenville
For repeat offenses, mandatory minimums offer no room for judicial mercy. With potential sentences starting at five or ten years, the quality of your legal representation is crucial to your case outcome.
John Crangle, a Greenville Criminal Defense Lawyer, has extensive experience defending weapons charges, including felon in possession cases, in the 13th Judicial Circuit. He can evaluate Fourth Amendment issues, examine predicate convictions for weaknesses, and navigate between state prosecution and federal exposure. If a defense or consequence minimization is possible, he’ll find it.
Act now. Contact John Crangle today for a consultation on your felon in possession case.