Irmo Gun Lawyer
A variety of different weapons offenses could present confusion and be overwhelming after you have been accused of such a crime. Understanding the specifics of the charges against you could begin by working with an Irmo gun lawyer who understands common challenges in weapons charges.
It could be a mistake to attempt to handle these criminal charges on your own and exercising your right to an attorney is something you should consider as soon as possible after you have been investigated or arrested. If you are also a previous felon and are prohibited from having a gun, the penalties can be even more severe. It is best to speak to an experienced defense attorney to learn about your legal options.
Weapons Charge Types
Weapons charges are detailed under South Carolina Code of Laws Section 16-23-10. Under these laws, certain weapons are illegal in any situation, including defaced firearms (obliterated serial number), sawed-off shotgun, machine guns, Teflon-coated ammunition, military firearms, and tear-gas weapons.
A pistol cannot be owned by anyone named as a member of a subversive organization, anyone under the age of 21 except active military members, any person who has been named by a court as not fit to own a weapon, those who have previously been convicted of a crime of violence, fugitives, or anyone classified as mentally incompetent. Firearms are also forbidden on or proximity of a school grounds.
Depending on the type of gun charge, those charges could be filed as a misdemeanor or a felony. In general felony charges are punishable with at least over one year of potential incarceration.
Occasionally, the judge will use their discretion in these cases to assign probation. The person accused of the weapons charge must understand the possible penalties, especially when it comes to actions that could violate probationary terms. These alternative penalties could be revoked if the accused person violates any of the terms, enabling a judge to possibly impose the full prison sentence.
Concealed Carry Violations
One of the most common weapons charges has to do with violations of concealed carry laws (i.e., unlawful carrying of a pistol). In general, it is illegal for a person to carry a handgun in public unless certain exceptions apply (e.g., CWP license). When the handgun is licensed through a concealed carry permit, it can also be kept inside a car so long as the weapon is concealed. State visitors can all too easily violate the concealed carry laws by carrying a gun into a business or a government building. Visitors might also not realize that their state’s gun laws do not have reciprocity with South Carolina and this could lead to a weapons charge. An Irmo weapons defense lawyer could assist with explaining charges.
Talk to an Irmo Gun Attorney Today
When you are facing misdemeanor or felony weapons charge in South Carolina, an Irmo gun lawyer could help to explain the distinctions and how these could influence your future, especially if you have previous convictions on your record.
Identifying a criminal defense attorney who has experience in the field of weapons charges and who is available to keep you updated about your case is important for determining your next steps in protecting your rights and freedom.