Consequences of Carrying a Weapon Without a Permit
The state of South Carolina allows most individuals who are 18 years of age and older to carry a weapon without a permit. This applies to both concealed and open carry of a weapon. However, certain individuals are prohibited from carrying a firearm, with firearms being prohibited in protected spaces.
For nearly 25 years, our weapons charge lawyers have been representing individuals such as yourself facing firearm and weapon charges in the Palmetto State. Even though state law has relaxed regulations regarding firearms, federal prosecutors still seek every opportunity to prosecute those carrying a gun. If you have been recently arrested for a firearm-related offense, our Greenville, SC, weapons charge lawyer is here to advocate for your rights.
Who Can and Cannot Carry a Firearm in SC?
Even though the Second Amendment affords U.S. citizens the “right to keep and bear arms,” each state is permitted to pass laws as it sees fit. As of March 7, 2024, individuals at least 18 years old in South Carolina are allowed to carry a weapon openly or concealed without a permit. This applies to firearms, handguns, rifles, and shotguns.
However, there are restrictions on who is not allowed to carry a gun in South Carolina, including:
- Individuals convicted of a felony, violent crime, or domestic violence (Individuals who are pardoned will have their firearm rights restored)
- Those who have been convicted of a crime punishable by a maximum term of more than one year (with certain exclusions)
- Defendants awaiting trial for felony charges
- People who have been declared mentally incompetent by the court
- Individuals who have an order of protection issued against them
- Offenders on probation or parole
- Honorably discharged veterans
- People who are drug addicts, habitually intoxicated, undocumented immigrants, or fugitives from justice
- Individuals who have been ordered to surrender their firearms
Places Where Firearms are Prohibited
In accordance with SC Code §16-23-20, you cannot carry a firearm in a correctional or detention facility, courthouse or other publicly owned building, polling place on election day, school, college, church, place of worship, hospital or any type of medical facility, daycare or preschool facility, or any place where firearms are prohibited. However, these restrictions do not apply to law enforcement, service members, or anyone who requires the use of a firearm as part of their employment.
Possession for Unlawful Carry of a Firearm
Although permitless carry is allowed within the state, unlawful possession or carry of a firearm does come with criminal penalties. If you are found in possession of a firearm in a prohibited place, even for a first offense, you may be imprisoned for up to one year and fined $1,000. A second offense is punishable by three years in prison, and a third or subsequent offense is a felony, punishable by up to five years in prison.
Safeguarding Your Firearm Rights
As a law-abiding citizen, you have a constitutional right to protect yourself from harm. Even though law enforcement is quick to arrest people who they believe are in illegal possession of a gun or rifle, it does not necessarily mean that you are guilty. At Ryan Beasley Law, we seek justice against individuals who have been wrongfully prosecuted. If you are currently facing firearm charges, our legal team would like to speak with you.
Contact a Greenville, SC, Weapons Charge Attorney Today
A weapons charge leaves a permanent blemish on your record, negatively impacting your future. If you have recently been accused of violating a gun law, it is crucial that you aggressively fight the charges brought against you. At Ryan Beasley Law, our Greenville, SC, weapons charge lawyers are committed to helping our clients achieve a successful case outcome.
To learn more or to schedule your consultation, do not wait to contact us online or give us a call at (864) 756-4204 today.