When facing a gun charge in Greenville, South Carolina, your freedom and Second Amendment rights are on the line. Navigating the complex world of state and federal gun laws can feel impossible, especially when you are up against a determined prosecutor. You need a gun charge attorney who understands the law, the local courts, and how to build a strong criminal defense.
Whether you are dealing with a simple weapons charge or a serious felony, the consequences of a criminal conviction can be life-altering. This page is designed to help you understand the gravity of gun crimes and the importance of hiring an experienced Greenville gun lawyer to protect your rights.
Our firm has a deep understanding of South Carolina gun law and is ready to provide the vigorous defense you deserve. We offer free criminal defense consultations to discuss your case and explore your legal options.
Common Gun Crimes in South Carolina
South Carolina has specific laws governing the possession, use, and transfer of firearms. While recent changes have expanded gun ownership rights, violations can still lead to severe penalties. Here are some of the most common weapons charges we see in Greenville:
Unlawful Possession of a Weapon
This can apply to individuals who are prohibited from owning a gun, such as those with a prior felony conviction, those convicted of domestic violence, or those with certain drug crimes on their record. Unlawful possession of a weapon can also include possessing a weapon in a prohibited location, such as a courthouse, airport, or school.
Contact: Touma Law Group offers free consultations. Schedule one today!
Felon in Possession
Under both state and federal laws, a felony conviction can strip you of your right to own a firearm. Being caught with a weapon as a felon in possession can lead to serious state and federal charges, which carry harsh penalties, including significant time in a federal prison.
Unlawful Carrying of a Firearm
While the state’s new Open Carry with Training Act and Constitutional Carry laws have changed what is considered unlawful, there are still strict regulations on where and how you can carry a weapon. Concealed-carry violations and carrying in a prohibited place can result in criminal penalties.
Possession of a Stolen Weapon
This is considered a serious felony and can lead to prison time. The law treats this as a separate crime from other examples of theft crimes and possession of a weapon.
A weapons attorney understands the nuances of these laws and can help you navigate the charges.
Why You Need a Dedicated Gun Attorney
A gun charge is not a minor offense. A criminal conviction for a gun crime can have long-term penalties that affect your right to own a firearm in the future, your ability to get a job, and even your housing options. A single weapons charge can lead to a criminal record that follows you for the rest of your life.
A skilled criminal defense attorney can:
- Protect Your Rights: From the moment of your arrest, your rights are at risk. An attorney can ensure law enforcement respects your rights under the Fourth Amendment regarding unlawful searches and seizures and your right to remain silent.
- Challenge Evidence: Your Greenville gun defense attorney will meticulously review the evidence against you, including the circumstances of your arrest, any statements you made, and how the firearm was seized. We can challenge the legality of the police’s actions and work to get evidence suppressed.
- Negotiate with Prosecutors: In many cases, a plea bargain may be a viable option to avoid the risk of a trial and secure lesser penalties. An experienced gun attorney knows how to negotiate with the state prosecutor to achieve the best possible plea deals.
- Build a Strong Defense: Whether your case involves the castle doctrine, self-defense, or a simple misunderstanding of the law, we will work to build a robust defense. We explore every angle, including the legality of the initial traffic stop, the chain of custody of the evidence, and whether the firearm was properly identified.
When you are facing a federal crime, the stakes are even higher. Federal laws, such as those related to a felon in possession, have severe mandatory minimum sentences. A federal gun charge attorney has the experience to handle cases in the federal court system, which operates differently from state courts.
Understanding South Carolina Gun Law
The legal landscape for gun ownership in South Carolina has undergone significant changes. With the passage of the Open Carry with Training Act, and more recently, Constitutional Carry Law, individuals can carry a handgun without a concealed weapons permit (CWP), provided they are not otherwise prohibited.
However, there are still many restrictions and specific locations where firearms are banned, such as schools, courthouses, and government buildings. Violating these rules can lead to serious gun violations.
The Second Amendment protects the right to bear arms, but it is not an absolute right. There are limitations, and the South Carolina Code of Laws outlines what those are. For example, a person with a prior criminal conviction, especially for violent crimes, drug-related crimes, or domestic violence, is often prohibited from possessing a weapon.
Our work as Greenville gun possession lawyers extends to a wide range of firearm-related crimes. These include not only unlawful possession and carrying but also more severe gun crimes, such as the possession of a sawed-off shotgun, or the use of a firearm in the commission of another offense, like a sex crime or examples of theft crimes.
Related: In addition to your gun rights, you may lose other rights if convicted with a felony.
The Criminal Justice System in Greenville
Navigating the criminal justice system in Greenville, South Carolina requires a local attorney with experience. From the initial arrest to a court appearance, we will be by your side. We handle all communications with law enforcement and the state prosecutor, ensuring your rights are protected at every stage.
A criminal defense attorney can help you understand the differences between felonies and misdemeanors, the potential for a criminal conviction, and the long-term penalties associated with each kind of crime. For a serious felony, like a Class B felony or a Class C felony, the potential for federal prison is very real.
Whether your case is a misdemeanor or a common felony, we will work tirelessly to achieve the best possible outcome, from a dismissal of the charges to a favorable plea deal. We believe everyone deserves a vigorous defense.
Your First Step: A Criminal Defense Consultation
If you or a loved one are facing weapons charges in Greenville, do not wait. The sooner you contact a firearms attorney, the sooner we can begin building your defense. We will review the details of your case, explain the relevant laws, and outline a strategy to protect your rights.
The consequences of a gun charge are too serious to handle alone. A criminal conviction can alter your life forever. Don’t let a mistake or a misunderstanding of the law cost you your freedom. Contact Touma Law Group today at (864) 618-2323 for a criminal defense consultation. We are here to help you fight for your future. We are here to help you fight for your future.