Anderson Gun Lawyer

The right to bear arms is a longstanding constitutional protection in the United States. However, that right is not without regulation nor free from punishment for violations of the South Carolina Criminal Code. An Anderson gun lawyer from Ellis Hinton, LLC, can represent you in criminal proceedings after arrest for a firearm-related offense.

Our attorneys have extensive federal and state prosecutor experience that can give you confidence in your case and a personalized defense strategy that meets your unique needs. Learn more about different gun crimes below, and contact our office to meet with our criminal defense attorneys today.

The Different Types of Crimes Involving the Prohibited Possession or Sale of a Gun

South Carolina generally allows qualified residents to obtain a concealed carry permit under South Carolina Code of Laws § 23-31-215. Despite the ability to carry a concealed weapon, the law prohibits carrying a handgun in certain places listed in South Carolina Code of Laws § 16-23-20, including the following locations:

  • Law enforcement or correctional facilities
  • Publicly owned buildings
  • Polling places on election day
  • Offices or business meeting places of local governments
  • Schools and college athletic events
  • Daycares or preschool facilities
  • Churches and hospitals
  • Private residences

This is a misdemeanor crime punishable with a $1,000 fine and up to one year in jail for a first offense. A second offense increases the maximum punishment to three years in jail and a possibility of up to five years in jail for three or more convictions. It is also illegal to sell or deliver a handgun to certain individuals, such as a person convicted of a violent crime or who is under 18, under South Carolina Code of Laws § 16-23-30. This is a felony offense that has a potential punishment of five years in jail and a $2,000 fine.

The criminal punishment is even greater for a conviction related to the unlawful possession, sale, or transportation of more dangerous guns, including machine guns, military firearms, and sawed-off shotguns and rifles. The maximum punishment for this violation is ten years in jail and a $10,000 fine. Our Anderson attorneys have experience with firearm offenses and can help you form a defense against these penalties.

Additional Crimes Related to the Use or Possession of a Gun

A criminal lawyer can further provide defense in cases involving other miscellaneous firearm-related criminal allegations. Examples of these potential violations under South Carolina Criminal Codes § 16-23-410 to 4 include the following:

  • Pointing an unloaded or loaded firearm at another person
  • Taking a firearm or weapon from a law enforcement officer
  • Possessing or carrying a firearm on school property
  • Discharging a firearm within a building, vehicle, or another type of enclosure
  • Placing a loaded trap or spring gun

These gun crimes are felony charges with the potential for fines up to thousands of dollars and maximum possible jail times of five to 10 years. The defenses or arguments an experienced gun lawyer can raise in an Anderson criminal case will depend on the relevant facts or issues with the prosecution’s case. For example, self-defense arguments may be applicable in the case of pointing a firearm at another person.

Meet With an Anderson Firearm Attorney at Ellis Hinton, LLC

Based in Greenville, servicing SC and beyond, Ellis Hinton, LLC is proud to help you navigate your criminal case with confidence. Our attorneys value honesty above all else when explaining the strengths or weaknesses of the gun charges you face and the options for resolving them. Contact our office today to schedule a free consultation with an Anderson gun lawyer.