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A convicted felon can get their gun rights back by expunging their felony convictions, applying for a restoration of gun rights, or requesting a pardon from the governor.
And no amount of time alone will restore those rights. Rather, you must seek restoration of those rights from the State where you were convicted. In South Carolina, this requires seeking a Pardon. (To better understand how pardons restore your firearm rights in SC see: Pardons and Pistols.)
Yes, anyone including a felon in South Carolina can possess an antique firearm made in or before 1898 or any such replica as long as it cannot use modern smokeless ammunition. Antique firearms, even when designed for cartridge ammunition used black powder and cannot handle the pressure of modern smokless powder.
Penalties Unlawfully carrying of a handgun is a Misdemeanor offense defined by SC Code § 16-23-50(A)(2). If convicted, a defendant may face up to 1 year in prison, a fine up to $2,000.00, or both. Additionally, the handgun must be confiscated by Law Enforcement.
A successful 1203.4 petition may change a defendant's criminal record so that the case shows up as a ?dismissal? rather than a ?conviction? but it does nothing for gun rights.
Unlawful possession of a firearm by a person convicted of violent offense; confiscation. (A) It is unlawful for a person who has been convicted of a violent crime, as defined by § 16-1-60, that is classified as a felony offense, to possess a firearm or ammunition within this State.
Protecting Civil Liberties in Charleston If you've had your gun rights revoked after being convicted, you're not out of options just yet. Depending on your unique situation, you may be able to seek restoration of those rights through expungement or pardon.
Section 16-23-545. (A) It is unlawful for a person convicted of a felony to possess a firearm in this State. (B) A person who violates this section is guilty of a felony and, upon conviction of a first offense must be imprisoned not more than five years.
