Possession of a Weapon by a Felon Charges in SC

In South Carolina, unlawful possession of a firearm by a person with a prior conviction is a felony. The main statute is S.C. Code Ann. § 16-23-500, which makes it unlawful for a person who has been convicted of a crime punishable by a maximum term of imprisonment of more than one year to possess a firearm or ammunition in this State. The penalties can include prison time, confiscation of the firearm and lasting consequences for a person’s record. If you have been charged with this offense, understanding what the statute says is a first step.

If you or someone you know is facing a felon in possession charge in South Carolina, a licensed South Carolina attorney should review the facts of the case before anyone relies on general information. Touma Law Group can review the details of your case with you. You can reach a weapons charge attorney in the Upstate at (864) 618-2323 to talk through your options.

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

The South Carolina statute does not list particular crimes. It looks at the maximum sentence the crime carries. Under Section 16-23-500(A), a prior conviction for a crime punishable by a maximum term of imprisonment of more than one year is the trigger, whether the crime was violent, a drug offense, a property crime or another type of felony. A few related rules are worth knowing:

1. Exceptions in the statute: The phrase “crime punishable by a maximum term of imprisonment of more than one year” does not include antitrust, unfair trade practice and similar business regulation offenses, a misdemeanor punishable by five years or less, or a crime for which the conviction has been expunged or set aside, or the person has been pardoned or has had civil rights restored, unless that pardon, expungement or restoration expressly provides that the person may not possess firearms (S.C. Code Ann. § 16-23-500(F)).
2. Crimes of violence and handguns: A separate statute makes it unlawful for a person convicted of a “crime of violence” to possess a handgun. It defines that term to include murder, manslaughter, rape, kidnapping, burglary, robbery, assault with intent to kill and assault with a dangerous weapon, among others (S.C. Code Ann. §§ 16-23-10 and 16-23-30).
3. Domestic violence: State law prohibits firearm possession after certain domestic violence convictions and while subject to certain protection orders, for periods set out in the statute (S.C. Code Ann. § 16-25-30).
4. Federal prohibited persons: Federal law makes it a crime for a person convicted of an offense punishable by imprisonment for more than one year to possess a firearm or ammunition, and it lists other prohibited categories, including fugitives and people convicted of a misdemeanor crime of domestic violence (18 U.S.C. § 922(g)).
5. Federal definition: For federal purposes, the term does not include a state misdemeanor punishable by two years or less, and a conviction that has been expunged, set aside or pardoned, or for which civil rights have been restored, is not counted unless the order expressly says otherwise (18 U.S.C. § 921(a)(20)). Because that exclusion reaches only state misdemeanors punishable by two years or less, a South Carolina misdemeanor with a three-year maximum, such as second degree assault and battery (S.C. Code Ann. § 16-3-600(D)), is not excluded by it. South Carolina’s own statute, by contrast, excludes misdemeanors punishable by five years or less.

The state and federal rules are written differently, so the same conviction can be treated differently under each. Whether a prior conviction counts is a question that turns on the exact offense, the sentence available for it and any pardon, expungement or restoration of rights.

A conviction that has been pardoned, expunged or set aside, or for which civil rights have been restored, is addressed in both the state and federal statutes cited above. A pardon in South Carolina is granted by the Probation, Parole and Pardon Services Board and fully restores civil rights (S.C. Code Ann. §§ 24-21-930 and 24-21-990). A licensed attorney must review the wording of any order before anyone relies on it.

If you are unsure whether a specific conviction affects your ability to possess a firearm, consult with a defense attorney about your individual case rather than relying on general information.

Penalties for Possession of a Weapon by a Felon in SC

Under S.C. Code Ann. § 16-23-500(B), a person who violates the statute is guilty of a felony. The penalties depend on how many times the person has been convicted under the statute:

1. First offense: imprisonment of not more than 5 years.
2. Second offense: a mandatory minimum of 5 years and not more than 20 years.
3. Third or later offense: a mandatory minimum of 10 years and not more than 30 years.
4. What counts as a prior: For this purpose, a second or subsequent offense means any conviction under Section 16-23-500(A) (S.C. Code Ann. § 16-23-500(E)).
5. Confiscation: The firearm or ammunition involved must be confiscated, and an innocent owner may be able to have it released after the proceedings end (S.C. Code Ann. § 16-23-500(C)).
6. Federal penalties: A person may also face a federal charge. Under federal law, knowingly violating the federal prohibited-person statute carries up to 15 years in prison (18 U.S.C. § 924(a)(8)). A person with three prior convictions for violent felonies or serious drug offenses, committed on separate occasions, faces a mandatory minimum of 15 years (18 U.S.C. § 924(e)).
7. Firearms and ammunition: Section 16-23-500 covers firearms and ammunition. Other weapons, such as machine guns and sawed-off shotguns, are covered by separate statutes that apply to everyone, not only to people with prior convictions (S.C. Code Ann. §§ 16-23-210 through 16-23-260).

Section 16-23-500 does not set a fine, and it does not say that probation or parole is unavailable for a first offense. The sentence a court imposes depends on the facts of the case and the sentencing law that applies. If you are facing weapons charges, a licensed attorney should review the charge, the prior conviction and the evidence with you to discuss defenses and what the sentencing range could be in your case.

Factors That Can Lead to More Serious Penalties

Several rules can increase the exposure beyond a first felon in possession conviction:

• Prior convictions under the same statute: As described above, a second conviction carries a mandatory minimum of 5 years and a third carries a mandatory minimum of 10 years.
• Possession of a Firearm During a Violent Crime: A person who possesses a firearm, or visibly displays what appears to be a firearm, during a violent crime listed in Section 16-1-60 and is convicted of it must be sentenced to five more years in addition to the sentence for the violent crime. The five-year term is mandatory and cannot be suspended, and the indictment must allege it as a separate count (S.C. Code Ann. § 16-23-490).
• Concealable weapon offense: A person who commits a crime involving a concealable weapon in violation of an offense listed in Chapter 23 of Title 16, without a valid concealed weapon permit, may be sentenced to up to three more years served consecutively, if the indictment alleges it as a separate count (S.C. Code Ann. § 16-23-495).
• Use of a firearm in another crime: Some separate offenses carry their own penalties. For example, pointing or presenting a firearm at another person is a felony carrying up to five years (S.C. Code Ann. § 16-23-410), and discharging a firearm at or into an occupied dwelling or vehicle carries up to ten years, or up to fifteen years if someone is struck or injured (S.C. Code Ann. § 16-23-440).
• Federal sentencing rules: In a federal case, the federal statutes cited above control, including the penalty for using or carrying a firearm during a federal crime of violence or drug trafficking crime, which has its own mandatory minimum (18 U.S.C. § 924(c)).

These rules are why the facts of each case matter, including the prior record, the type of firearm and how it was found. If you are facing a charge for unlawful possession of a weapon by a person with a prior conviction, a licensed attorney can review whether any of these factors apply to your case.

Take Action to Respond to Felon Weapon Possession Charges

If you are facing a charge of possession of a weapon by a felon in South Carolina, it is important to understand the potential penalties and your rights. These charges carry serious consequences. Contact Touma Law to discuss your case. A licensed South Carolina attorney at the firm will need to review the facts before anyone relies on the general information on this page.