South Carolina POSSESSION OF FIREARM IN A SCHOOL ZONE

State:
South Carolina
Control #:
SC-FEDDC-JURY-18-922Q-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 IN A SCHOOL ZONE is a crime in the state of South Carolina that prohibits the possession of a firearm in or on any public or private school grounds, school buses, or school parking lots. This includes any person who knowingly and intentionally possesses a firearm, concealed or unconcealed, or ammunition in a school zone. There are two types of this offense in South Carolina: voluntary possession and constructive possession. Voluntary possession occurs when the person has actual physical control of the firearm or ammunition. Constructive possession occurs when the person has the power and the intention to control the firearm or ammunition, even if they do not have actual physical control. Both types of possession are punishable by up to 5 years in prison.

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FAQ

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.

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.

SECTION 16-23-420. Possession of firearm on school property; concealed weapons.

South Carolina considers some weapons offenses to be misdemeanors, but most cases of illegal firearm possession are considered to be felonies. For example, the ?usual? case of illegal handgun possession is treated as a felony that is punishable by up to five years in prison.

Fine of not more than $500 nor less than $200, or imprisonment for not more than 90 days nor less than 30 days. Also, the concealed weapon must be forfeited to the county (or city).

A person generally may not transport a handgun in a vehicle, except if he or she is: A holder of a concealable weapons permit (the handgun may be carried openly or concealed on or about the person);

COLUMBIA, S.C. -- The Republican-controlled South Carolina House voted overwhelmingly Wednesday to allow lawful firearm owners to carry handguns openly or concealed without a state permit.

A law enacted in 2015, however, allows a person with a concealed handgun permit to carry a firearm in a vehicle on school grounds but the person may only unlock the door to let someone in or out and move the firearm inside the car while the door is locked.

More info

It is important that everyone remember that unless you have the prior written authorization of the governing officer of the institution, possession of firearms (or weapons) on school grounds is illegal. You could be found guilty of the crime of unlawful possession, under N.J.S.A. § 2C:39-5e.This article is about an act of the U.S. Congress generally restricting the possession of firearms in and around schools. A violation of possessing or discharging a firearm in a school zone is a misdemeanor under federal law (18 U.S.C. section 924 (a)(4)). A federal grand jury indicted respondent on one count of knowing possession of a firearm at a school zone, in violation of §922(q). A violation of possessing or discharging a firearm in a school zone is a misdemeanor under federal law (18 U.S.C. section 924 (a)(4)). School zone, as defined in section 152. For purposes of school-related firearm possession crimes, school property includes: • the improved grounds of either a public or private school;. The possession of a firearm on school grounds is generally illegal, with few exceptions. Florida Statute § 790.

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South Carolina POSSESSION OF FIREARM IN A SCHOOL ZONE