Convicted felons in South Carolina often move on from their past mistakes and turn their lives around. However, having such a status can still haunt you for the rest of your life, as certain rights and privileges will be permanently revoked. What are termed civil disabilities even strip convicted felons of their constitutional right to bear arms.

Most felons can’t own guns or ammunition

According to Chapter 44 of Title 18 of the United States Code, convicted felons cannot possess any firearms or ammunition. The specific law applies to any person who is convicted of a crime that is punishable by more than one year of imprisonment. However, white-collar crimes that are not violent offenses and felony convictions from foreign countries are exempt from this law.

Other people who can’t own guns

There are several other categories of people who are not permitted to own guns in the U.S. These include:

  • Fugitives
  • Dishonorably discharged soldiers
  • People that renounced U.S. citizenship
  • Some mentally ill citizens
  • Some illegal drug users
  • Misdemeanor domestic violence convicts
  • Undocumented immigrants

There are also some court orders that can temporarily or permanently ban a person from owning guns. People that are legally barred from possessing guns or ammunition can get into a lot of trouble if they are caught with a firearm. Unlawful possession of a firearm can result in a $250,000 fine and up to 10 years in jail.

Restoring your gun rights

While there are paths to restore gun rights for some U.S. citizens, the process can be very difficult for convicted felons. In fact, people who are convicted of a federal crime must receive a presidential pardon to get their gun rights back. A convicted felon may look into having their record expunged in order to restore their civil rights.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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