South Carolina Concealed Weapon Charges

South Carolina is a shall-issue state, which means that a concealed weapons permit will be issued to residents and non-residents if they own property in the state. This is one of the few states that allows a resident alien to apply for a permit. The State Law Enforcement Division (SLED) issues permits to individuals who can pass a federal NICS background check, is age 21 or older and not prohibited from possessing a handgun. Permits and renewals are valid for a period of four years from the date they were issued.

South Carolina Weapons Laws

The gun control laws in South Carolina are somewhat liberal although they do not allow handguns to be carried openly. However, a loaded handgun is allowed in a motor vehicle in the glove box, console or trunk. It is illegal to carry a handgun in the following areas even if the person has a valid permit:

• Any police, highway patrol or sheriff station
• Any law enforcement facility or office
• Any correctional or detention facility
• Any courtroom or courthouse
• Any polling place on Election Day
• Any office where a governing body is meeting
• The property of any private or public school, including colleges and universities
• Any school or college athletic event that is not related to firearms
• Any daycare or preschool facility
• Any hospital, doctor's office or medical facility
• Any place where federal law prohibits firearms
• Into any public building without written permission
• Any religious sanctuary or church without permission from the appropriate official
• All private property if the owner prohibits firearms

The State of South Carolina does not allow people to possess a machine gun or sawed off rifles and shotguns.

South Carolina Weapons Violations

The laws in South Carolina state that any person found in possession of a firearm while committing a crime will face another five years in prison in addition to their original sentence. Most states punish a misdemeanor crime with no more than a year in jail. However, there are some misdemeanor offenses in South Carolina that can carry a sentence of up to 10 years in state prison. The weapons violations and penalties are outlined as follows:

South Carolina Plea Options

The first time a defendant appears in court is called an arraignment hearing. During the proceeding the judge will read the charges and ask the person to enter one of the following pleas:

• Guilty—At which time the defendant gives up their right to a trial or to confront the witnesses against them. The judge can impose a sentence immediately so this may not be the best choice.
• Not Guilty—This buys time for the person to obtain legal representation. The lawyer can then find out how much evidence the prosecutor has and make a decision on how to proceed.
• No Contest—This type of plea means the defendant doesn't admit they are guilty but doesn't contest the criminal charges. This is mainly useful for people who want to avoid civil liability for their actions.

The majority of criminal cases end up through a plea bargain where the prosecutor offers something to the defendant in exchange for a guilty plea. Never attempt to do this without legal counsel. Prosecutors may try to intimidate you into taking a deal that is not in your best interest.

Legal Help From a South Carolina Criminal Defense Attorney

The moment you are placed in handcuffs, the police are required to read you your rights. This includes the Miranda warning that stipulates the right to remain silent. The police work for the prosecution, whose primary job is to get a conviction. Talking to the police is never a wise move because your words can come back later to haunt you. Don't talk to anyone, including other inmates. Your first priority is to get help from an experienced criminal defense attorney who can get you bailed out and put together a solid case.