Facing gun charges in Columbia, South Carolina, is a serious matter that can alter the course of a person’s future. Whether the accusation involves unlawful possession of a firearm, unlawful carrying, or being a felon in possession, the criminal penalties are severe. A conviction may result in years behind bars, heavy fines, and the permanent loss of firearm rights. In addition, once labeled with a firearm offense, it can become extremely difficult to pass a background check, obtain employment, or restore your reputation.
South Carolina law regarding firearm possession continues to evolve. The legal system is complicated, and the consequences of violating these firearm laws are life-changing. Understanding the rules and working with an experienced criminal defense lawyer in Columbia is the best way to protect your rights and prepare strong legal defenses.
Unlawful Possession of a Firearm
Unlawful Possession of a Firearm occurs when someone who is legally prohibited from owning or controlling a gun is found with one. South Carolina law specifies that certain groups of people fall into the category of firearm prohibited. These include:
- Felons: Individuals convicted of serious felonies, including Class C felony convictions.
- Domestic violence convictions: Anyone with a prior misdemeanor domestic violence conviction.
- Fugitives from justice: Individuals actively evading the legal system.
- Those deemed mentally incompetent: When declared so by a court order through the South Carolina Judicial Branch.
Even a seemingly minor charge involving the possession of a firearm can escalate quickly into a felony weapons charge if there is a prior record. Illegal possession is taken seriously by the Columbia Police Department and other law enforcement agencies across South Carolina.
Legal Consequences for Unlawful Possession of a Firearm
Convictions for unlawful possession may lead to up to five years in prison and fines of up to $1,000. Beyond the immediate penalties, individuals also face long-term restrictions, including permanent bans on firearm possession.
Gun penalties can extend to loss of civil rights, military penalties for service members, and difficulties passing a background check for employment. Consulting a criminal defense attorney is essential to challenge unlawful search and seizure and protect constitutional rights.
Unlawful Carrying of a Firearm
South Carolina recently enacted a new permitless carry law, but there are still many restrictions on how and where a firearm may be carried. Violations involving unlawful carrying occur when a gun is brought into prohibited places, such as:
- Schools and colleges
- Courthouses and government buildings
- Private property where the owner has posted signs prohibiting firearms
- Cultural and historical sites, such as the South Carolina State Museum, where weapons are strictly banned under state statute
Even with permitless carry, the law does not allow carrying everywhere. A firearm offense involving unlawful carrying can result in a felony weapons charge, fines, and jail time. If the firearm in question is an illegal firearm, such as one with an altered serial number, the penalties become much harsher.
Legal Consequences for Unlawful Carrying of a Firearm
A conviction can result in up to five years of incarceration, fines, or both. Additional penalties may apply if the firearm had an altered or missing serial number, or if the offense occurred in connection with another crime. The Columbia police often pursue these charges aggressively, and without proper legal representation, the consequences can escalate quickly.
Concealed Weapon Violations
Under South Carolina’s new “constitutional carry” framework, most adults may carry a concealed weapon without needing a license. However, that does not eliminate the rules that apply to concealed carry. Charges may result when a weapon is taken into:
- Restricted areas such as schools, courthouses, or government buildings
- Private property where firearms are expressly banned
- Locations where carrying is inconsistent with South Carolina law
Many residents still choose to obtain a concealed weapons permit or concealed carry permit for purposes of reciprocity with other states. This allows them to legally carry when traveling outside of South Carolina.
Legal Consequences for Concealed Weapon Violations
Violations of concealed carry restrictions can result in jail time, fines, or both, depending on the severity of the firearm offense. Convictions may also create long-term issues, including permanent marks on a criminal record, limits on future firearm possession, and barriers to professional licensing.
Legal defenses from a firearm attorney or criminal defense lawyer can challenge these charges, especially if the case involves an unlawful search and seizure.
Felon in Possession of a Firearm
Felons are absolutely prohibited under both state and federal law from possessing firearms. A felon in possession charge is one of the most aggressively prosecuted firearm offenses in South Carolina.
Legal Consequences for a Felon in Possession
A conviction carries up to five years in prison and fines of up to $5,000. Enhanced punishments apply if the prior felony was violent or if the firearm was used in connection with another offense. These charges often involve coordination between federal authorities and the South Carolina legal system.
Service members convicted of this charge may also face military penalties, such as dishonorable discharge. Because these cases are prosecuted so aggressively, legal representation from a Columbia gun lawyer or firearm attorney is essential.
Other Weapons-Related Offenses
In addition to possession and carrying, South Carolina law criminalizes other conduct involving firearms. Common examples include:
- Discharging a firearm in a prohibited area
- Altering or removing a firearm’s serial number
- Possessing a weapon during the commission of another crime
Legal Consequences for Other Weapons Offenses
Penalties for these offenses vary depending on the circumstances. Discharging a firearm in a restricted area may result in misdemeanor or felony charges, while altering a serial number typically results in a felony weapons charge with harsher gun penalties.
Individuals may face jail time, fines, and permanent loss of firearm rights. These cases also often involve complex legal defenses, making the role of a criminal defense lawyer critical.
Related: SC gun laws
Penalties for Weapons Charges
The penalties for firearm offenses depend heavily on the facts of the case. South Carolina law provides a wide range of punishments that include:
- Jail or prison time: From one year to five years, with Class C felony convictions and violent felonies carrying the harshest penalties.
- Fines: Up to $5,000, depending on the type of violation.
- Loss of firearm rights: Convicted individuals may permanently lose the ability to own or possess firearms.
- Court requirements: Probation, community service, mental health evaluations, or treatment programs.
- Military penalties: For service members, convictions may result in dishonorable discharge.
Beyond immediate criminal penalties, the long-term effects can be just as damaging. Convictions often make it difficult to pass a background check, obtain employment, or secure housing. They may also limit the ability to vote or access certain government benefits.
Building a Defense for Gun Charges
Every firearms charge in Columbia must be carefully reviewed. The validity of a police stop, the scope of a search and seizure, and the details of the alleged firearm possession can all influence the outcome. A firearm attorney will evaluate whether the arrest followed the rules of the South Carolina Judicial Branch and whether evidence was obtained legally.
Effective legal defenses may involve challenging the ownership of the firearm, questioning the chain of custody, or proving that the weapon was discovered during an unlawful search. Working with a skilled criminal defense lawyer provides the best opportunity to reduce charges or even dismiss them altogether.
Speak With a Columbia Gun Charge Lawyer
When accused of any firearm offense, acting quickly is the most important step. Strong legal representation ensures that rights are preserved, constitutional protections are enforced, and the most effective legal defenses are presented.
At Touma Law Group, each case is treated with the seriousness it deserves. As experienced firearm attorneys, the firm is committed to defending against charges of unlawful possession, concealed carry violations, and felony weapons charges. With a deep knowledge of firearm laws and the South Carolina attorney information system, every available defense strategy is considered.
Call (803) 879-4499 today to speak with a Columbia gun lawyer and protect your future.
Frequently Asked Questions About Gun Charges in Columbia, SC
If you’re facing a firearm offense in Columbia or want to better understand South Carolina law, you probably have a lot of questions. Below are answers to some of the most common concerns about unlawful possession, concealed carry, and other weapons charges.
1. What happens if I’m caught with unlawful possession of a firearm in South Carolina?
Unlawful possession is treated as a serious crime under South Carolina law. A conviction can bring up to five years in prison, fines, and the loss of your right to own guns. Penalties are often more severe if you already have a criminal record, which is why consulting a criminal defense lawyer is so important.
2. Can I carry a concealed weapon in Columbia without a permit?
Yes, South Carolina allows permitless carry, meaning most adults can carry openly or concealed without a license. However, guns are still prohibited in certain places, like schools, courthouses, and private property with posted signs. Carrying in these restricted areas may still lead to concealed weapon or concealed carry charges.
3. What are the penalties for a felon in possession of a firearm?
A felon in possession of a firearm charge is one of the toughest firearm offenses in South Carolina. A conviction can mean up to five years in prison, fines of up to $5,000, and enhanced penalties if the prior felony was violent. Because both state and federal authorities prosecute these cases, strong legal representation is critical.
