Facing weapon and gun charges in Anderson, South Carolina, can have serious consequences for your future. A criminal accusation involving firearms can lead to a criminal record, fines and incarceration. When your freedom and reputation are on the line, it is important to have an Anderson gun charges lawyer review the facts of your case.
If you or a loved one has been charged with a weapon or gun-related offense in Anderson, SC, reach out to our criminal defense attorneys for a confidential consultation to discuss your legal options. A licensed South Carolina attorney at Touma Law Group must review the facts of a case before anyone relies on the general information on this page.
Contact: Touma Law Group at (864) 777-8062
Understanding Weapon and Gun Charges in South Carolina
South Carolina’s firearm laws govern the possession, carrying and use of weapons. Since March 7, 2024, a person who is not otherwise prohibited by law may carry a handgun, openly or concealed, without a concealed weapons permit (2024 Act No. 111). Even so, there are still limits on where a handgun may be carried and specific weapons crimes that carry serious criminal penalties.
Common weapon and gun charges in South Carolina include:
Unlawful Gun Possession
This can apply to people who are prohibited from possessing firearms, such as a person with a prior conviction. South Carolina law makes it a felony for a person convicted of a crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition, with listed exceptions. A first offense carries up to five years in prison, and later offenses carry mandatory minimum terms (S.C. Code Ann. § 16-23-500).
Possession of a Firearm During the Commission of a Violent Crime
If a person possesses a firearm, or visibly displays what appears to be a firearm or a knife, during a violent crime listed in S.C. Code Ann. § 16-1-60 and is convicted of that crime or an attempt, the court must impose five more years in prison in addition to the sentence for the violent crime. The indictment must allege the firearm or knife as a separate count (S.C. Code Ann. § 16-23-490).
Unlawful Carrying of a Handgun
While permitless carry is now allowed, it is still unlawful to carry a handgun into certain places, whether or not the person has a permit. The list includes a courthouse while court is in session, a law enforcement or detention facility, a polling place on election days, a daycare, a hospital or medical office unless authorized, and a church unless permission is given (S.C. Code Ann. § 16-23-20). Possessing a firearm on school or college property without permission is a separate felony (S.C. Code Ann. § 16-23-420). A first offense under Section 16-23-20 is a misdemeanor carrying up to $1,000 or one year, with higher penalties for later offenses (S.C. Code Ann. § 16-23-50).
Pointing or Presenting a Firearm
Pointing or presenting a loaded or unloaded firearm at another person, even without firing it, is a felony carrying up to five years in prison (S.C. Code Ann. § 16-23-410). The statute states that it does not abridge the right of self-defense.
Possession of Prohibited Weapons
Certain weapons, such as machine guns and sawed-off shotguns and rifles, are unlawful to possess in South Carolina, with listed exceptions. A violation is a felony carrying up to $10,000 or ten years (S.C. Code Ann. §§ 16-23-210 through 16-23-260).
These criminal charges are often tied to other offenses, such as drug crimes, domestic violence, assault and battery or property crimes, which can make the legal issues more complicated.
Contact Touma Law Group today to talk about your gun or weapons charge.
The Criminal Justice Process in Anderson
Every case moves differently, but the process in South Carolina state court usually includes the stages below. A licensed attorney must review the specific charge and court.
- Arrest and Booking: If law enforcement believes you committed a weapons crime, you may be arrested and processed. You have the right to remain silent under the Fifth Amendment, and you may ask for an attorney.
- Bond Hearing: A person charged with a bailable offense must have a bond hearing within twenty-four hours of arrest, and the court considers conditions of release (S.C. Code Ann. § 22-5-510).
- Preliminary Hearing: A person charged with a crime a magistrate cannot try must be given notice of the right to a preliminary hearing, which looks at whether sufficient evidence exists to warrant detention and trial. The request must be made within ten days after the notice. The hearing is not held if the person is indicted by a grand jury or waives indictment first (S.C. Rules of Criminal Procedure, Rule 2).
- Grand Jury (Felonies): For felony weapon charges, a grand jury decides whether to indict, which formally charges the person, unless indictment is waived.
- Plea and Arraignment: You are told the charge and asked to enter a plea of guilty or not guilty.
- Discovery: Your criminal defense lawyer reviews the evidence, including reports from law enforcement, any lab reports, witness statements and other material gathered in the investigation.
- Motions: Your lawyer may file motions to suppress evidence if your rights were violated during the investigation or arrest, such as an illegal search and seizure.
- Plea Negotiations: Your attorney may discuss the case with the prosecution, which may lead to a plea agreement. No result can be promised.
- Trial: If there is no plea agreement, the case may proceed to trial, where your attorney can cross-examine witnesses and argue the case to a judge or jury.
- Sentencing: If convicted, the court decides the sentence within the range set by the statute, which can include fines, probation or prison time.
At Touma Law Group, a criminal defense attorney can explain each stage of an Anderson gun charge and what your rights are.
Defense Strategies for Weapon & Gun Charges
Every criminal charge is different. Your Anderson weapon & gun charges lawyer will look at the specifics of your case to see which issues may apply. These may include:
- Challenging the Evidence: This could involve questioning how the firearm was found, issues with the chain of custody, or the reliability of witness testimony.
- Illegal Search and Seizure: If law enforcement obtained evidence of a firearm through an unlawful search, that evidence may be challenged under the Fourth Amendment.
- Lack of Knowledge or Possession: Arguing that you were unaware of the firearm’s presence or that it did not belong to you.
- Self-Defense: If you used a firearm in lawful self-defense, South Carolina’s Protection of Persons and Property Act may apply (S.C. Code Ann. §§ 16-11-410 through 16-11-450).
- Mistaken Identity: If there is doubt about whether you were the person involved in the alleged offense.
- Constitutional Carry Compliance: Looking at whether the possession was within what South Carolina’s current permitless carry law allows.
- Challenging Prior Convictions: If the charge is felon in possession of a firearm, your attorney may examine whether the prior conviction qualifies under the statute and its exceptions, including for convictions that were expunged, set aside or pardoned, or for which civil rights were restored (S.C. Code Ann. § 16-23-500(F)).
Whether any of these apply depends on the facts, and no result can be promised.
The Impact of a Criminal Record
A conviction for a weapon or gun charge can have wide and long-lasting consequences beyond the sentence. A criminal record can affect:
- Employment Opportunities: Many employers conduct background checks, and a conviction can affect job opportunities.
- Housing: Landlords may consider a criminal record when reviewing applications.
- Educational Prospects: College admissions and some school or state aid can be affected, and federal student aid can be limited while a person is incarcerated (studentaid.gov).
- Firearm Rights: Certain convictions can lead to a loss of the right to possess firearms under state and federal law (S.C. Code Ann. § 16-23-500; 18 U.S.C. § 922(g)).
- Social Stigma: A criminal record can affect personal relationships and standing in the community.
For that reason, it is important to understand what a charge could mean for your future.
Why Talk With an Anderson Gun Charge Lawyer
When facing a weapons charge, you may want a criminal defense attorney who is familiar with South Carolina law. A lawyer can help with:
- Explaining the Charge: Reviewing the statute, the possible penalties and how the facts fit.
- Defense Planning: Looking at the issues in your case and the options that may apply.
- Plea Discussions: Talking with the prosecution about the case if that makes sense for you.
- Courtroom Representation: Representing you in court if your case goes to trial.
- Guidance Through Legal Complexities: Explaining legal terms and each step of the criminal justice process.
Whether you are dealing with charges related to gun possession, violent crimes or any other criminal accusation involving weapons, a criminal defense lawyer can review your options. An attorney can also explain appeals if they become relevant.
A weapons charge can affect your freedom and your future. Contact Touma Law Group to talk about your case.
If you are facing weapon or gun charges in South Carolina, contact an Anderson criminal defense lawyer today at (864) 777-8062 for a confidential review of your case.
