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South Carolina RECEIVING A FIREARM WITH INTENT TO COMMIT AN OFFENSE

State:
South Carolina
Control #:
SC-FEDDC-JURY-18-924B-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/

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FAQ

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.

SECTION 16-23-440. Discharging firearms at or into dwellings, structures, enclosures, vehicles or equipment; penalties. (A) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into a dwelling house, other building, structure, or enclosure regularly occupied by persons.

SECTION 16-3-10. "Murder" defined. "Murder" is the killing of any person with malice aforethought, either express or implied.

Section 16-17-735 - Persons impersonating officials or law enforcement officers; persons falsely asserting authority of law; offenses; punishment. (2) denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity.

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);

In South Carolina, unlawful carrying of a pistol charge is a misdemeanor that carries up to a year in prison. Possession of a stolen pistol is a felony that can carry up to five years in prison.

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.

More info

May receive minimum sentence of 15 years without parole if offender has three or more prior. Possession of a firearm is "in furtherance of" a drug trafficking crime "when it furthers, advances, or helps forward that offense.This report provides indepth information on federal firearms offenders sentenced under the primary firearms.

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South Carolina RECEIVING A FIREARM WITH INTENT TO COMMIT AN OFFENSE