While South Carolina recognizes the Second Amendment rights of its residents, there are certain situations in which a weapon is illegal or when it is unlawful for a person to possess a firearm. Understanding what is prohibited might help people in the state avoid potential charges for weapons offenses. Charges involving weapons can result in severe criminal penalties.

Types of illegal firearms

The following types of firearms and ammunition are illegal for people to possess in South Carolina:

  • Sawed-off shotguns
  • Machine guns
  • Sawed-off rifles
  • Military firearms
  • Ammunition with a Teflon coating

When it is illegal to possess a firearm

Even when a firearm is not an illegal weapon, specific categories of people are prohibited from owning or possessing guns. People who have been convicted of violent felony offenses are prohibited from carrying or possessing firearms or ammunition. If they do, they can be charged with weapon offenses. Others who are prohibited from possessing handguns include people who have been adjudged by a court to be incompetent to carry weapons, those who are habitual drunks, those who are addicted to drugs, and those who are fugitives from justice.

People who are not prohibited from carrying or possessing guns and have legal firearms are not allowed to conceal carry them without a permit with a few exceptions. Only those who have a concealed carry permit are allowed to openly carry firearms in the state. Finally, people who carry illegal firearms on or near school grounds can also face criminal charges. People who are charged with weapons offenses in South Carolina might face misdemeanor or felony charges, depending on the particular violation. The potential penalties can range from a maximum of one to a maximum of 10 years, depending on the particular offense. Because of the potential penalties, asserting a strong defense against weapons charges is critical.

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.

WGY Logo White

100% Confidential
Available 24/7

Call 864-808-6871

"*" indicates required fields

This field is for validation purposes and should be left unchanged.