South Carolina POSSESSION OF FIREARM BY PERSON CONVICTED OF DOMESTIC VIOLENCE
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FAQ
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.
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 Section 16-1-60, that is classified as a felony offense, to possess a firearm or ammunition within this State.
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.
Although CDV is a misdemeanor prosecutable in the municipal and magistrate courts of South Carolina, a CDV conviction can have very serious and lasting consequences. On the other hand, Criminal Domestic Violence of a High & Aggravated Nature, or CDVHAN, is a felony offense in South Carolina.
Sentence and Penalties under Felony with a Firearm Law A maximum sentence of three years in county jail; A fine of up to $10,000; or. Both a jail sentence and fine.
(B) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
This act bans the use or firearms or ammunition by those convicted of misdemeanor domestic violence (CDV), felony domestic violence (DVHAN) or those who have received an Order of Protection against them in Family Court.
A felon charged with possession of a firearm may face a prison sentence of up to 25 years, depending on the felony class. As with other crimes, the more prior felony convictions a person has, the longer the prison sentence prosecutors will seek.