The illegal possession or use of a gun can lead to serious charges and harsh punishments upon conviction, but a Spartanburg gun lawyer can give you confidence in your case. At Ellis Hinton, LLC, our criminal defense attorneys have years of experience in both state and federal prosecutions. We can assess the strengths and weaknesses of each client’s case and provide recommendations that align with their goals. We will give you an honest evaluation and build a personalized defense strategy for your case.
With a concealed carry permit, city residents (and qualified nonresidents) can generally have a gun on their person under South Carolina Code § 23-31-215. However, the concealed carry law is not without limitations. S.C. Code § 16-23-20 prohibits you from carrying a gun in certain restricted locations, such as:
The law also prohibits the carrying of a handgun in other places without the express permission of the owner or person in control of the property. These restricted locations include private residences, churches, and hospitals. A violation of the state’s concealed carry law is a misdemeanor offense under S.C. Code § 16-23-50. The punishment after a first conviction includes a maximum fine of $1,000 and a prison sentence of one year. However, the prison sentence increases to three years for a second offense or five years for a third offense.
A Spartanburg lawyer can also defend against charges involving more serious crimes related to the possession, sale, or transfer of a gun. For example, it is a felony to sell or deliver a handgun to a person under the age of 18 or a person convicted of a violent crime under S.C. Code § 16-23-30. The punishment for a violation of this law is a $2,000 fine and five years in prison. You also cannot possess or store more dangerous types of guns under S.C. Code § 16-23-230, including machine guns, military firearms, sawed-off shotguns, or sawed-off rifles. The punishment for this crime is a fine of $10,000 and ten years in prison.
Article 5 of Chapter 23 of the South Carolina Criminal Code establishes a variety of offenses resulting from the illegal use of a gun. These charges are often circumstantial, depending on the location or nature of the incident. For example, you could face gun charges for the following crimes outlined in S.C. Code § 16-23-410 to 16-23-530:
The class of felony or misdemeanor offense for these crimes will vary depending on the specific violation. However, the punishments generally include thousands of dollars in fines and several years in prison. Our Spartanburg attorneys can raise arguments of self-defense or that a client lacked the required intent to commit the gun crime a prosecutor has charged them with.
The right to own and carry a gun in South Carolina is a special privilege that is not without restrictions intended to protect the safety of others. If you have been charged with a gun crime, a Spartanburg gun lawyer can help you resolve your criminal case through a strong defense at trial or a well-negotiated plea deal in light of the circumstances. Based in Greenville, servicing SC and beyond, contact Ellis Hinton, LLC today to schedule your free consultation.
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