What are Your Firearm Rights?
South Carolina is considered to have some of the least restrictive gun laws in the nation. Under South Carolina’s constitutional carry law, individuals ages 18 or older are currently allowed to carry a firearm openly or concealed without a permit. However, there are restrictions on where you can carry a handgun, rifle, or shotgun. Also, certain individuals are prohibited from carrying a firearm. If you are found in violation of the law, the government will not go lightly on you.
At Ryan Beasley Law, our Spartanburg weapons charge attorneys are committed to helping individuals who have recently been arrested for firearm-related offenses. For 25 years, our legal team has assisted those who have found themselves on the wrong side of the law. If you are facing weapons charges, let us put our knowledge and experience to work for you.
What You Need to Know About SC’s Open Carry Law
As of March 7, 2024, you are allowed to openly carry or conceal carry a firearm in South Carolina as long as the gun is less than 12 inches long. You no longer need a concealed weapons permit (CWP) to legally carry a handgun in the state. However, there are restrictions on where you can carry a gun, with it being prohibited at:
- School or college athletic events not related to firearms
- Churches
- Daycare or preschool facilities
- Doctor’s offices, clinics, and hospitals
- Courthouses
- Law enforcement facilities, such as police stations and the Sheriff’s department
- Publicly owned buildings
- Polling places on election day
- Businesses or other establishments that display signage prohibiting concealed weapons
- Private residences, including houses, apartments, and other dwellings, unless you receive express permission from the owner or tenant
- Any other places prohibited by federal law
Who is Not Allowed to Carry a Gun in Spartanburg, SC?
Under SC Code §16-23-20, the following persons cannot legally carry a gun:
- Individuals convicted of a felony, violent crime, or domestic violence. (This does not apply to pardoned crime.)
- Individuals who have been convicted of a crime punishable by a maximum term that exceeds one year (certain exclusions apply).
- Individuals awaiting trial on felony charges.
- Individuals who have been declared mentally incompetent by the court.
- Individuals who have an order of protection (restraining order) issued against them.
- Individuals on probation or parole.
- Dishonorably discharged veterans.
- Individuals who are drug addicts or are habitually intoxicated.
- Individuals who have been ordered to surrender their firearms.
- Individuals under the age of 18.
- Fugitives from justice
- Undocumented immigrants
Penalties for Violating SC Firearm Laws
According to SC Code §16-23-50 (2), if you are found illegally carrying a gun, the following punishments may be imposed:
- First offense (misdemeanor): a potential $1,000 fine and/or a maximum one-year sentence
- Second offense (misdemeanor): a maximum three-year sentence
- Third or subsequent offense (felony): a maximum five-year sentence
In many firearm cases, the prosecution may cut corners to obtain the weapon. It is up to a weapons charges lawyer to identify where a constitutional violation may have occurred. The police must have a signed warrant to search your home, which can only be secured once they show probable cause.
If a search warrant does not exist, nor did you provide consent, the evidence was likely obtained illegally and will need to be thrown out. This is only one example of several potential defenses, which is why you need a criminal defense lawyer to assess your case to determine the best legal strategy moving forward.
Speak with Our Spartanburg, SC, Weapons Charges Lawyers Today
If you have been accused of violating a gun law, hiring representation promptly can mitigate your chances of serving a lengthy sentence. While your initial reaction may be sheer terror, you need to act quickly to protect your rights. Thankfully, the Spartanburg weapons charges attorneys at Ryan Beasley Law are dedicated to maintaining your freedom and financial stability. If you are interested in learning more about our approach, feel free to reach out to our office online or by calling (864) 756-4204.