Columbia Gun Arrests

South Carolina may be more of the gun-friendly states but a Columbia gun arrest can result in some serious charges. The Second Amendment does not give absolute protection, which means it is important to understand the laws concerning guns. If you have recently received a gun charge, make sure you contact an experienced defense lawyer today to ensure that you have an accomplished attorney willing to fight by your side.

Common Scenarios in a Gun Charge

Columbia gun arrests typically take place during traffic stops and drug-related arrests. A traffic stop could lead to an officer finding out the person is unlawfully carrying a firearm. An unlawful carrying of a firearm offense is when someone is improperly storing a weapon and does not have a concealed weapons permit. Drug-related arrests can also include a gun charge if the weapon is present. These are usually gun violence arrest, which can carry higher penalties for the offender.

Checking Gun Registration

It depends on the officer at the scene and on the crime, regarding law enforcement checking registration first or waiting for something specific to happen. If the police are investigating criminal activity, they would be more focused on the violent crime arrest or drug arrest, and the firearm registration is probably going to be completed later. If the weapon itself was the crime, then the registration is usually taken care of at the beginning.

Arrest Process for a Gun Offense

Once a person is arrested, they are taken to the local detention center, police station, or sheriff’s department, depending on where the arrest takes place. If it occurs in Lexington County or Richland County, they can go to one of two different places. The Richland County side of Columbia would be taken to the Alvin S. Glenn Detention Center where they would be fingerprinted, all their personal information would be inserted onto forms, charges would be set, and a bond hearing would take place within 24 hours of their arrest. The bond hearing is before a magistrate judge who would set the bond and then determine whether it is a personal recognizance bond or a surety bond.

A person should never answer investigative questions before asking for a lawyer. They should refuse to answer questions or consent to any searches or seizures until a lawyer is present. If a person is under arrest, they will have a bond hearing within 24 hours of their arrest. It would be best to have an attorney at that bond hearing to advocate on their behalf.

How Long Does the Legal Process for a Gun Charge Take?

The legal process of a firearm offense depends on the nature and circumstance of the crime and whether it is in state or federal court. State court cases move at an entirely different pace than federal court cases, and there are many factors involved. A gun law offense case can take anywhere from a few months to over a year, depending on the which court a person is in (state or federal) and what type of charges they are facing.

Steps to Take to Avoid Gun Charges

To be sure that a person is in compliance with the law regarding guns, they should meet with an attorney regarding what the law is and how to comply with. If they are under investigation or under arrest, they should immediately call a lawyer to protect their rights regarding Columbia gun arrests and begin building the best defense possible.