Gun ownership is a deeply rooted right in South Carolina, but it comes with responsibilities. While many residents lawfully possess firearms for personal protection, hunting, or sport, others may unknowingly violate laws that carry serious felony consequences. Understanding when gun possession becomes a felony is essential to protecting your rights and avoiding charges that can lead to years in prison.
At David W. Martin Law Group, our Columbia criminal defense attorneys defend individuals accused of gun-related crimes throughout Richland County and the surrounding communities. We understand how prosecutors build these cases and what strategies are effective in challenging them.
Understanding South Carolina’s Gun Possession Laws
South Carolina gun laws distinguish between lawful possession and criminal possession based on who owns the firearm, how it is used, and where it is carried. Most residents are legally permitted to possess a gun in their home or business without a permit. However, once that weapon is held in public or used unlawfully, the legal landscape changes quickly. South Carolina’s 2024 permitless-carry law allows most adults to carry a handgun openly or concealed without a CWP. However, this right does not extend to individuals who are legally prohibited from possessing firearms or to areas specifically restricted by statute.
Gun possession becomes a criminal offense when an individual:
- Carries a handgun into a location where firearms are prohibited under state or federal law, such as schools, courthouses, or posted government buildings.
- Possesses a firearm as a convicted felon or under a qualifying court order.
- Uses or displays a firearm during the commission of another crime.
- Possesses certain illegal weapons, such as sawed-off shotguns or unregistered firearms.
While some of these offenses are charged as misdemeanors, others are considered felonies under South Carolina law, depending on the circumstances and the person’s prior record.
When Gun Possession Becomes a Felony
Felony gun possession charges are among the most serious weapons-related offenses in South Carolina. These charges can result from violating specific statutes designed to keep firearms out of the hands of individuals who are legally prohibited from owning or carrying them.
You may face felony charges for:
- Possession of a firearm by a convicted felon. South Carolina Code §16-23-30 makes it unlawful for anyone convicted of a “crime of violence” to possess a handgun. In addition to these state-law prohibitions, there are additional prohibitions under Federal law.
- Possession of a firearm during the commission of a violent crime. If a gun is used or present during a violent felony, the charge carries a mandatory five-year prison sentence in addition to any punishment for the underlying crime.
- Unlawful possession of a stolen firearm. Even if you did not steal the weapon, possessing a gun that was previously reported stolen can result in felony charges.
- Possession of a firearm by a person under a restraining order or convicted of domestic violence. Federal law prohibits specific individuals from owning or possessing firearms under these circumstances.
Felony convictions for unlawful gun possession can result in years in prison, steep fines, and a permanent criminal record that affects your ability to vote, hold professional licenses, or legally own a firearm again.
Everyday Situations That Lead to Felony Gun Possession Charges
Many felony gun possession cases begin with traffic stops, domestic incidents, or searches that uncover a weapon unexpectedly. A person may not realize they are violating a law until it is too late.
Common examples include:
- A prior felony conviction that was never expunged.
- A weapon kept in a vehicle in a prohibited location (such as a school property), carried by a prohibited person, or located in circumstances suggesting unlawful purpose. South Carolina no longer requires a CWP to carry a handgun in a vehicle.
- Possession of a firearm while subject to a qualifying domestic-violence restraining order (federal law), or while otherwise prohibited from possession under state or federal law.
- Carrying a firearm in a prohibited location such as a school, courthouse, or government building.
Each of these scenarios requires careful legal analysis. A defense attorney can evaluate whether the weapon was discovered lawfully, whether you knew about its presence, and whether your constitutional rights were violated during the search or arrest.
Possible Defenses to Felony Gun Possession Charges
Defending against a felony gun possession charge involves examining both the facts and the law. Our attorneys look for every opportunity to challenge the prosecution’s case and protect your rights.
Common defenses may include:
- Unlawful search and seizure. If the firearm was found during an illegal search, the evidence may be excluded.
- Lack of knowledge or intent. In South Carolina, the State must prove actual or constructive possession. Constructive possession requires evidence that the accused had both knowledge of the firearm and the ability to exercise dominion and control over it. Mere proximity to the weapon is not enough.
- Mistaken identity. In some cases, the weapon may not have belonged to you or may have been placed in your possession without your knowledge.
- Invalid prior conviction. If the underlying felony conviction is overturned or expunged, the firearm possession charge may not stand.
Our goal is to pursue a dismissal or reduction of charges whenever possible. When necessary, we fight for an acquittal in court.
The Consequences of a Felony Conviction
A felony gun conviction can change your life permanently. In addition to prison time and fines, you may lose your right to own firearms, vote, or hold public office. Even if firearm rights are restored under state law, federal law may still prohibit possession until a pardon or other federal relief is obtained. The conviction can also affect employment opportunities and professional licensing.
Beyond the legal penalties, the stigma of a felony record can impact your relationships, housing options, and financial stability. Having a strong legal advocate is crucial in mitigating these long-term effects.
Why Local Defense Experience Matters
Gun laws are enforced aggressively in Colombia and throughout South Carolina. Prosecutors and law enforcement treat weapons cases seriously, especially when they involve prior convictions or other alleged crimes. Defending against these charges requires not only legal skill but also local insight into how the courts operate.
Our attorneys regularly appear before the Richland County courts and are familiar with how local judges and prosecutors handle felony gun possession cases. We use that knowledge to craft effective defense strategies tailored to each client’s situation.
Contact Our Columbia Gun Crime Defense Attorneys
If you have been charged with unlawful or felony gun possession in Columbia or anywhere in Richland County, you do not have to face the system alone. Skilled legal representation can mean the difference between a conviction and a second chance.
Call (803) 548-2468 to schedule a confidential consultation with a Columbia gun crime defense lawyer at David W. Martin Law Group today. We are prepared to safeguard your rights, reputation, and future.
