North Charleston Gun Lawyer

If you are facing firearms charges, you may feel that the state sees you as a criminal first and a citizen second. Defending against gun charges can be challenging.

Fortunately, you do not have to face this alone. A defense attorney familiar with cases like yours could make all the difference. Contact North Charleston gun lawyer Dayne Phillips today to start building a strong defense.

Understanding Gun Laws

Gun laws in the U.S. are a complex mix of federal, state, and local regulations that overlap, creating many legal exceptions. South Carolina has detailed laws about possessing, carrying, and transferring firearms, but local ordinances can result in charges even when you are compliant with state law.

Federal Gun Laws

Federal laws such as the National Firearms Act and Gun Control Act of 1968 set baseline regulations that can result in time in federal prison if you break them.

These laws include provisions about prohibited persons (convicted felons, people with domestic violence convictions), background checks for purchases, and regulations for certain firearms, such as automatic weapons and short-barreled shotguns. Violations of federal gun laws often carry severe penalties, including lengthy prison sentences and massive fines.

State Gun Laws

The state has specific regulations that can lead to arrest if you do not follow them exactly:

• Concealed carry permits: To carry a concealed handgun, you must obtain a Concealed Weapon Permit (CWP) from the State Law Enforcement Division, which has specific eligibility requirements, including age, residency, and completion of firearms training
• Open carry: You can open carry with a CWP; without a CWP, open carry is generally restricted to your own property or business
• Prohibited places: Even with a CWP, firearms are banned in locations such as schools, courthouses, polling places on election day, and federal buildings
• Stand-your-ground law: This allows you to use deadly force in self-defense without retreating if you have a right to be where you are
• Firearm sales and transfers: Private sales between individuals do not require background checks under state law, but licensed dealers have to conduct background checks through the National Instant Criminal Background Check System

A North Charleston lawyer who understands the complexities of federal, state, and local firearms regulations could help you understand your position and guide you to the best possible outcome.

What Types of Cases Could a Gun Lawyer Help With?

An experienced North Charleston firearms attorney is likely to have dealt with all kinds of cases, from defending clients against criminal charges to helping with firearm ownership issues.

Most people need a lawyer if they are facing criminal charges related to firearms, including:

• Unlawful carrying of a firearm: Carrying concealed without a valid CWP, bringing a gun into prohibited locations, or open carrying where this is not allowed
• Possession of a firearm by a prohibited person: Having a gun while legally barred from doing so due to prior convictions or other disqualifying factors
• Felon in possession of a firearm: Possessing a firearm while having felony convictions
• Assault with a deadly weapon: Using a firearm in an assault, even if it is not fired
• Discharge of a firearm within city limits: Violation of local ordinances about firing guns in populated areas
• Unlawful sale or transfer of a firearm: Selling firearms to a prohibited person, including via a third party

A capable lawyer may be able to have charges dismissed or reduced or beat them entirely at trial. Gun lawyers also help with gun rights restoration after felony convictions, National Firearms Act compliance for regulated items such as suppressors, and self-defense cases under stand-your-ground laws.

Speak With a Gun Attorney in North Charleston Today

Gun charges will not go away on their own, and they do not get easier to fight as time passes. The longer you wait, the stronger the prosecution’s case can become. Act now—call North Charleston gun lawyer Dayne Phillips and get started on your defense.