Aiken County Gun Lawyer

Gun laws can be complicated to figure out in Aiken County because, in this jurisdiction, firearms are regulated by the federal government, South Carolina law, and local county ordinances. Therefore, if you have been charged with an offense involving firearms or if you are seeking to obtain a permit, it is important to understand all the different laws that may come into play. An Aiken County gun lawyer could provide valuable assistance and help ensure that all your rights are protected. Call today to schedule a consultation with an experienced criminal attorney.

Overview of Local Gun Laws

Although most adults in South Carolina can own handguns and other firearms, there are restrictions on how these weapons can be carried and used. Most of the laws apply to handguns, which are defined in §16-23-10 of the state code as a firearm that is engineered to be fired while held in an individual’s hand and to propel a projectile.

The definition specifically excludes antique weapons, collector’s items, or any firearm that fires something other than fixed cartridges. Different statutes define when it is unlawful to carry a handgun, when it is unlawful to sell, deliver, or possess a handgun, the lawful procedure for returning a found handgun, and prohibitions regarding weapons such as machine guns and sawed-off shotguns.

Unlawful Carrying of a Handgun

The general presumption in §16-23-20 of the South Carolina code is that it is illegal for individuals to carry handguns, whether concealed or in the open unless they meet certain requirements. It is permissible for the following individuals to carry a handgun:

  • Authorized law enforcement officers, members of the military, and guards carrying out their duties
  • Members or guests of a gun club attending or traveling to or from an event
  • Licensed hunters or fisherman engaged in hunting or fishing or traveling to or from outings
  • Firearms dealers, manufacturers, or repairmen
  • Individuals who are on their own property or who have permission from the property owner
  • Individuals with concealed weapon permits while traveling in a vehicle if the handgun is under the seat or on the individual’s body.
  • People with proper permits while transferring the handgun
  • A business owner, manager or employee (with permits and permission) while at the place of business

In addition, other state statutes prohibit carrying a handgun in other places such as a criminal detention facility, school, church, or court.

Individuals Not Allowed to Possess Guns

Section 16-23-30 of the code prohibits the sale, delivery, or other activity connected with supplying handguns to individuals who are not permitted to possess them. Those who are not lawfully allowed to possess firearms include individuals convicted of violent crimes, fugitives from justice, drug addicts, habitual drunkards, individuals found to be mentally incompetent, members of subversive organizations, minors under the age of 18, and individuals ruled legally unfit to carry a firearm. For more information on the laws regarding the ownership of firearms, individuals should contact an Aiken County gun lawyer who could help.

Talking to An Aiken County Gun Attorney

Firearms violations can be treated as felony offenses with penalties that include up to 10 years in prison and fines as high as $10,000. When guns are used in the commission of other offenses, the penalties can be still higher.

Even a less serious violation of gun laws can cause difficulty in obtaining employment, finding housing, applying for loans, and in other aspects of life. However, there are possible defense strategies that work in cases of alleged gun law violations. It is wise when dealing with matters involving firearms to talk to an Aiken County gun lawyer. An attorney who understands federal, state, and local laws applicable to the ownership and use of guns could help you reach the optimum resolution in your case.