Possession of a Weapon by a Felon Charges in SC

In South Carolina, being convicted of possession of a weapon by a felon can lead to serious legal consequences. This offense occurs when a person with a felony conviction is caught in possession of a firearm or other prohibited weapon. The penalties for such an offense can be severe, often involving long prison sentences, hefty fines, and other lasting consequences on a person’s life. If you’ve been charged with this offense, understanding the legal repercussions is crucial to navigating the potential outcomes.

If you or someone you know is facing charges for possession of a weapon by a felon in South Carolina, it's essential to seek legal representation. An experienced criminal defense attorney can help evaluate the details of your case and work to achieve the best possible outcome. Don’t face these serious charges alone—contact a skilled weapons charge attorney in the Upstate today at (864) 618-2323 to discuss your case and explore your options for defense.

What Felonies Disqualify You From Being Able to Own a Firearm?

In South Carolina, certain felony convictions can disqualify you from legally owning a firearm. These disqualifications are primarily outlined in state law, but they align with federal guidelines regarding prohibited persons. Some of the common felonies that prevent firearm ownership in South Carolina include:

1. Violent Felonies: Convictions for violent crimes such as murder, manslaughter, armed robbery, rape, or assault with intent to kill typically result in a permanent disqualification from possessing firearms.
2. Drug-Related Felonies: Convictions for certain drug offenses, including drug trafficking, possession with intent to distribute, or manufacturing drugs, can disqualify an individual from owning a firearm. Individuals convicted of felony drug offenses are prohibited from possessing firearms under both South Carolina law and federal law.
3. Domestic Violence Felonies: A conviction for a felony domestic violence offense can result in a firearm possession ban. This includes cases where the offender was convicted of felony assault or battery against a spouse, child, or other family member.
4. Felony Convictions for Certain Property Crimes: Felony convictions involving burglary, grand larceny, or arson can disqualify an individual from owning a firearm, as these crimes often involve the use of force or the threat of violence.
5. Federal Offenses: Certain federal felony convictions can also disqualify individuals from owning firearms under federal law (e.g., felony convictions involving interstate trafficking of firearms or explosives).
6. Convictions for Crimes of Fraud: Felonies related to fraud, such as bank fraud or wire fraud, may also result in a firearm ban, though these are more situational and depend on the nature of the conviction.

Under federal law, any felony conviction that results in imprisonment for more than one year will typically result in a permanent prohibition on firearm possession. South Carolina law aligns with federal restrictions in many cases, meaning those convicted of felonies may face lifetime bans on owning firearms.

In some cases, individuals who have been convicted of felonies may petition the court for the restoration of firearm rights after meeting specific requirements. This typically involves a waiting period and a demonstration of rehabilitation.

If you are unsure whether a specific felony conviction disqualifies you from owning a firearm in South Carolina, it’s advisable to consult with a defense attorney to get a clear understanding based on your individual case.

Penalties for Possession of a Weapon by a Felon in SC

In South Carolina, possession of a weapon by a felon is a serious offense, and the penalties for this crime can be harsh. If an individual with a felony conviction is found in possession of a firearm or other dangerous weapon, they may face both state and federal consequences.

1. Felony Offense: Possessing a weapon, such as a firearm, by someone previously convicted of a felony is a felony offense in South Carolina.
2. Imprisonment: A person convicted of possessing a weapon as a felon can face up to 5 years in prison. The exact length of the sentence will depend on the facts of the case, including prior criminal history and whether the weapon was used in the commission of other crimes.
3. Fines: In addition to imprisonment, a convicted individual may also be subject to fines of up to $5,000.
4. No Probation or Parole: In most cases, individuals convicted of this offense may not be eligible for probation or parole, meaning they would be required to serve their full sentence.
5. Enhanced Penalties for Violent Felons: If the person convicted of possessing a weapon by a felon has prior convictions for violent felonies, the penalties may be enhanced. For example, a longer prison sentence could be imposed.
6. Federal Penalties: On top of state penalties, an individual found in possession of a firearm as a convicted felon may also face federal charges. Under federal law, this offense carries a penalty of up to 10 years in federal prison, regardless of whether the weapon was used in the commission of another crime.
7. Weapons Other Than Firearms: The penalties for possessing other dangerous weapons (such as knives or explosives) by a felon can also be significant. However, the penalties for firearms possession are typically more severe.

The penalties for possessing a weapon as a felon in South Carolina can be severe, including significant prison time and fines. If you are facing weapons charges, it is important to seek the advice of an experienced criminal defense attorney to explore potential defenses or ways to minimize the consequences.

Factors That Can Lead to More Serious Penalties

Several factors can lead to enhanced penalties for the offense of possession of a weapon by a felon in South Carolina. These factors often result in more severe consequences, such as longer prison sentences or higher fines. The most common factors include:

• Prior Violent Felony Convictions: If the individual has prior convictions for violent felonies the penalties for possessing a weapon as a felon can be significantly higher. South Carolina law typically treats individuals with a history of violent offenses more harshly.
• Possession of a Firearm During the Commission of Another Crime: If the felon is found in possession of a weapon while committing or attempting to commit another crime, such as robbery, drug trafficking, or assault, the penalties can be greatly enhanced. This includes mandatory minimum sentences for certain crimes, like possession of a firearm during a violent crime.
• Use of a Weapon in the Commission of a Crime: If the felon uses the weapon (e.g., threatens or harms someone with it), rather than just possessing it, the penalties are more severe. For instance, using a firearm in a robbery or violent crime can result in a longer sentence and mandatory prison time.
• Possession of a Weapon by a Habitual Offender: South Carolina has laws that apply to habitual offenders, which can increase the penalties for those with multiple felony convictions. If someone has a history of multiple felony convictions, they may be subjected to enhanced penalties for possessing a weapon.
• Possession of Certain Types of Weapons: Certain types of weapons, such as machine guns, sawed-off shotguns, or silencers, carry more serious penalties than others. If the weapon in question is classified as particularly dangerous or illegal, it can lead to an increased sentence.

Enhanced penalties for unlawful possession of a weapon by a felon are designed to address aggravating factors like the individual's criminal history, the nature of the weapon, and how the weapon was used. If you are facing charges for this offense, consulting with an experienced attorney can help determine whether any of these factors apply to your case and if there are legal strategies to mitigate the potential penalties.

Take Action to Defend Against Felon Weapon Possession Charges

If you're facing charges for possession of a weapon by a felon in South Carolina, it’s crucial to understand the potential penalties and your rights. These charges carry serious consequences, but a skilled attorney can help you build a strong defense and potentially reduce the penalties. Contact Touma Law today to discuss your case and get the legal guidance you need to protect your future.