South Carolina USING OR CARRYING A FIREARM DURING A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME, OR POSSESSING A FIREARM IN FURTHERANCE OF A CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME
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FAQ
Most people do not realize that a misdemeanor conviction for a Criminal Domestic Violence in South Carolina makes it illegal to possess a firearm.
Has been convicted of a ?crime of violence? in any court (?crime of violence? includes murder; manslaughter (except negligent manslaughter arising out of traffic accidents); rape; mayhem; kidnapping; burglary; robbery; housebreaking; assault with intent to kill, commit rape, or rob; assault with a dangerous weapon; or
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 924(c)(1) makes it a crime for anyone to knowingly possess a firearm in furtherance of a drug-trafficking crime or crime of violence. To prove the element of possession, the government must show that a defendant knowingly possessed a firearm and that possession was ?in furtherance? of the underlying crime.
Summary of South Carolina Gun Laws South Carolina is a shall-issue state with concealed weapons permits issued at the state level by the South Carolina Law Enforcement Division (SLED). There is no permit, background check or firearms registration required when buying a handgun from a private individual.
South Carolina is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. Permit required for open carry? Open carry of long guns is allowed without a permit. Open carry of a handgun is allowed by individuals with a concealed weapon permit.
Who Can Own A Firearm in South Carolina? Federal law prohibits those convicted of a felony or some domestic violence misdemeanors from owning a gun or firearm.
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.