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Johnathan MWhat Are Weapons Charges in South Carolina?
The primary sources of South Carolina’s weapons laws are Title 16, Chapter 23 of the South Carolina Code of Laws, alongside related provisions in Title 23. These statutes address a wide array of conduct, including carrying a firearm in prohibited places, possessing firearms as a convicted felon, and owning weapons like machine guns or sawed-off shotguns without federal registration.
As of March 7, 2024, South Carolina allows many adults 18 and over who are legally permitted to own firearms to carry them openly or concealed, both loaded and unloaded, without a permit, under Act 110 (H.3594). While this expands legal carry rights significantly, it doesn’t eliminate weapons charges. Many specific locations remain off-limits under S.C. Code § 16-23-20(A). Certain groups of people are still entirely forbidden from having firearms. Some statutes still criminalize specific weapons and conduct.
Understanding exactly where the legal line is drawn, and whether you’ve crossed it, requires knowledge of both the new constitutional carry framework and older statutes. Awareness of local ordinances in Greenville, which may impose additional restrictions, is also crucial for lawful firearm ownership and carrying.
Types of Weapons Charges in South Carolina
South Carolina weapons charges typically fall into several categories:
Unlawful carrying involves carrying a handgun into prohibited locations such as courthouses, law enforcement facilities, schools, daycare facilities, polling places, or when a prohibited person carries a firearm, as detailed in S.C. Code § 16-23-20(A).
Felon in possession is applicable when someone convicted of a crime punishable by more than a year in prison (a felony) possesses a firearm or ammunition in South Carolina, in violation of S.C. Code § 16-23-500.
Illegal firearms cover the possession, transport, storage, or sale of weapons banned by state or federal laws, such as machine guns and sawed-off shotguns, under S.C. Code §§ 16-23-220 through 16-23-260.
Weapon during a violent crime enhances penalties by adding a mandatory five-year prison term to the original violent crime sentence when a firearm or knife is involved, as per S.C. Code § 16-23-490.
Each of these charge types brings unique elements, penalties, and defense considerations. Understanding the specifics of each statute and how they apply to your case is critical in developing an effective defense strategy.
Penalties for Weapons Charges in Greenville, SC
The penalties can vary greatly depending on the nature of the charge:
Unlawful carrying in a prohibited location (S.C. Code § 16-23-20): – First offense: Misdemeanor, up to 1 year in prison – Second offense: Misdemeanor, up to 3 years in prison – Third or subsequent offense: Felony, up to 5 years in prison
Felon in possession (S.C. Code § 16-23-500): – First offense: Felony, up to 5 years in prison – Second offense: Mandatory minimum 5 years, up to 20 years – Third or subsequent offense: Mandatory minimum 10 years, up to 30 years
Illegal firearms (machine guns, sawed-off weapons) (S.C. Code § 16-23-260): – Felony, penalties up to 5 years per violation
Weapon during a violent crime (S.C. Code § 16-23-490): – Mandatory additional 5 years in prison, applied consecutively or concurrently – This period cannot be suspended or paroled (with limited exceptions)
Federal charges for firearm violations, such as felon in possession under 18 U.S.C. § 922(g), can occur alongside state charges, often resulting in harsher penalties than those imposed by South Carolina.
How Weapons Cases Are Prosecuted in Greenville County
Weapons charges in Greenville County arise from various situations. Traffic stops, domestic disturbances, searches incident to arrest, and other investigations frequently bring weapons charges to light. The Greenville County Solicitor’s Office in the 13th Judicial Circuit takes firearm offenses seriously, particularly felonies and cases involving previous criminal records.
Law enforcement’s approach to handling the weapon is crucial. How the firearm was found, whether the stop or search was constitutional, and how the chain of custody was maintained from the scene to the evidence room all significantly impact evidence admissibility.
The overlap between federal and state weapons law can also complicate matters. Defendants facing state charges might simultaneously face federal prosecution, especially if the crime crosses state lines or involves a prohibited person. Federal Crimes Lawyer representation is often necessary.
If your weapons charge involves a violent crime accusation, enhancement provisions under § 16-23-490 mean that the stakes are considerably higher. The mandatory five-year addition can significantly alter the dynamics of plea negotiations. Understanding how to navigate these complexities is vital for an effective defense.
Defense Strategies for Weapons Charges
Fourth Amendment challenges. Many weapons charges result from stops, searches, and seizures by law enforcement. If the stop was unlawful, if the search exceeded its scope, or if a warrant was necessary but not obtained, the evidence, including the weapon, may be suppressible. Suppressing the weapon can effectively end the case.
Disputing possession. The prosecution must prove you possessed the firearm. In scenarios involving vehicles or shared spaces with multiple individuals, establishing that the weapon was yours, and not another’s, can be challenging.
Challenging the weapon’s classification. For illegal firearms charges, the specific technical specifications of the weapon are crucial. Assessing whether a firearm meets the statutory definition of a machine gun, sawed-off shotgun, or sawed-off rifle is vital. If the weapon does not meet the legal definition, the charge may not stand.
Permitted exceptions. South Carolina’s weapons laws offer numerous exceptions for law enforcement officers, military personnel, licensed dealers, and others. Determining whether an exception applies to your case requires thorough fact analysis.
Attacking the prior conviction. For felon in possession charges, the prior conviction must be proven by the state. If the previous conviction was constitutionally defective, expunged, or otherwise invalid, it may not serve as the predicate for the firearms charge.
Negotiating federal-state overlap. When both state and federal prosecutors are interested in a case, an experienced defense attorney can sometimes negotiate a resolution that avoids the stricter federal sentencing guidelines. The choice of jurisdiction can be decisive in terms of potential outcomes and sentencing.
Why You Need a Weapons Charges Lawyer in Greenville
Weapons charges are complex and intertwined with your prior record, other charges, federal law, and your constitutional rights. The difference between a case resolved through evidence suppression and one ending with a felony conviction often hinges on how promptly and aggressively the defense responds.
John Crangle is a Greenville Criminal Defense Lawyer with extensive experience handling weapons charges, from unlawful carrying to felon in possession to federal firearms violations. He also defends clients facing Violent Crimes involving weapons enhancements. If expunging a prior offense might restore your firearm rights, Expungement is another area where he provides assistance.
Don’t face weapons charges alone. Contact John Crangle today for a consultation.