Charleston Gun Lawyer

The laws concerning the ownership and use of guns are generally favorable in South Carolina. However, individuals who illegally possess a gun, use certain illegal firearms, or conceal carry a gun without a permit could face serious criminal consequences.

Working with a seasoned Charleston gun lawyer could help secure the best possible outcome for your case. An attorney could evaluate your legal options, which could include seeking reduced charges and penalties, a dismissal of your charges, or a favorable plea bargain.

Important Gun Laws

South Carolina law allows most people 18 and older to openly or concealed carry a firearm, with some restrictions. Anyone who can legally possess a firearm can openly carry a firearm that is less than 12 inches long at its largest point. The law regulates open carry in some ways, including prohibitions in certain locations.

Concealed carry is generally lawful in public, but there are restrictions. For example, people with assault or other violent misdemeanor convictions are not allowed to carry concealed. People who are convicted of a violent crime, are under 18, or are found to be a danger to themselves or others are not allowed to possess firearms at all.

Many locations prohibit firearms, including schools, churches, and government buildings. It is against the law to discharge a firearm into a dwelling or other occupied building, as well as to own or handle an automatic weapon, sawed-off rifle, or sawed-off shotgun. In addition, the law prohibits individuals from pointing a firearm at another person.

A person who is facing allegations of violating the state’s gun laws should contact a lawyer in Charleston. An attorney could help them understand the charges, negotiate with prosecutors, represent them in court, and help protect their rights.

Gun Charges and Possible Sentences

Individuals charged with gun crimes in Charleston face serious penalties, including jail time and fines, so a person in this situation should not delay speaking with an attorney. Common gun charges include:

• Unlawful possession
• Unlawful sale or transfer of a firearm
• Brandishing a firearm
• Using a firearm during a crime
• Possessing a firearm without a license
• Possessing a stolen firearm
• Possessing a firearm on school property
• Carrying a concealed firearm without a permit

All of these charges could have serious consequences. For example, illegal possession of a firearm or the unlawful sale of a firearm are felonies that could result in a prison sentence of up to 10 years and fines as high as $10,000. Although the unlawful carrying of a firearm is typically charged as a misdemeanor, it can still carry penalties including up to 12 months in prison plus fines of up to $1,000.

Gun laws are intricate and vary by jurisdiction. An attorney could accurately assess the specific charges and identify applicable defenses based on the details of the case. This includes reviewing police reports, gathering evidence, interviewing witnesses, and analyzing the chain of custody of any firearms involved to identify potential weaknesses in the prosecution’s case.

An attorney could scrutinize the arrest process to determine if law enforcement made any procedural errors, such as illegal searches or improper questioning, which could lead to the suppression of evidence. Depending on the circumstances, a defense could include arguing that an individual was unaware of the firearm’s presence, claiming self-defense, or asserting that the gun was legally possessed but improperly stored.

Speak With a Charleston Gun Attorney Today

From illegal possession to violent firearm crimes, gun charges can have serious legal repercussions for the accused. If you or your loved one is facing firearm charges, it is essential to speak with a Charleston gun lawyer as soon as possible.

An attorney could provide a robust defense and ensure the protection of your rights throughout the legal process. Call our firm today to request your free case evaluation.