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South Carolina POSSESSION OF FIREARM BY PROHIBITED PERSONS

State:
South Carolina
Control #:
SC-FEDDC-JURY-18-922-G27-CR
Format:
Word
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of South Carolina. All converted to Word format. Please see the official site for addional information. http://www.scd.uscourts.gov/pji/

South Carolina POSSESSION OF FIREARM BY PROHIBITED PERSONS is a crime in which a person convicted of certain felonies or who is subject to certain court orders is prohibited from possessing a firearm. It is a felony offense in South Carolina. There are two types of South Carolina POSSESSION OF FIREARM BY PROHIBITED PERSONS: 1. Possession by a Person Convicted of Certain Felonies — It is unlawful for any person who has been convicted of a felony, or who has been convicted of a crime of violence in which a firearm was used or attempted to be used, to possess a firearm. 2. Possession by a Person Subject to Certain Court Orders — It is also unlawful for any person who has been issued a protection order, a restraining order, or other court order that prohibits the person from possessing a firearm, to possess a firearm.

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FAQ

Section 16-23-500. 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.

Carrying a handgun in a vehicle under South Carolina Code § 16-23-20 is a misdemeanor criminal charge involving allegations that the defendant possessed a handgun (concealed or not) in their vehicle that does not comply with the exceptions specified by statute regarding carrying a handgun.

Generally speaking, felons are still allowed to associate with or be around someone who owns a gun. However, this can be complicated if the gun itself is around, or if the person who owns the gun lives with the convicted felon.

A law South Carolina adopted in 2010 makes it unlawful for a person who has been convicted of a ?violent crime,? as defined by South Carolina law, to possess a firearm or ammunition if the violent crime is also classified as a felony offense.

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.

It is unlawful for a person to maliciously tamper with a human drug product or food item with the intent to do bodily harm to a person. A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years.

Section 16-23-405 - Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.

Section 16-23-500. 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.

More info

POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON: 18 USC 18 USC Title 18 of the United States Code is the main criminal code of the federal government of the United States. "Prohibited persons" may not possess firearms or ammunition.It is also unlawful to knowingly give a prohibited person firearms or ammunition. § 921 et seq. Prohibit anyone convicted of a felony and anyone subject to a domestic violence protective order from possessing a firearm. Under federal law and most state law, even though the statutes vary widely, it is typically a serious crime for a prohibited person to possess a firearm. Federal law makes it unlawful for certain individuals to possess firearms. Anyone who has been pled guilty to a felony crime of violence is prohibited from possessing a gun even if they received probation before judgment. Being convicted of possessing a firearm when you are prohibited from doing so is a felony. In other words, the government must prove that the person had an illegal weapon and knew they had it. Possession.

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South Carolina POSSESSION OF FIREARM BY PROHIBITED PERSONS