Although the laws in Summerville recognize that individuals have the right to possess firearms, a gun violation can be a serious charge. If you have been cited or arrested for carrying a firearm unlawfully, the mark on your record might affect your ability to be successful in your career and could lower your standing in the community.
When you have been accused of a gun law violation, it might be a smart decision to contact an experienced defense attorney right away. An experienced Summerville gun lawyer could put you in the best possible position for a positive outcome in your case.
What are the Concealed Carry Laws in Summerville?
Generally, citizens of Summerville are not authorized to carry a handgun unless they have a concealed carry permit. Additionally, per the South Carolina Code of Laws §16-23-20, certain persons may lawfully carry a gun. These include the following:
- Members of the armed forces when on duty
- Licensed hunters or fishers when going to and from related venues
- Gun manufacturers and salespersons during the course of employment
- A person in a vehicle if the gun is secured in a glove box or other container
If a member of law enforcement pulls over a driver and notices a gun in the glove compartment, they may not be able to cite the motorist. A firearm may come into plain view when a driver opens a glovebox to present their license and registration. Moreover, a police officer cannot cite a gun owner if the officer notices a firearm in the trunk while the driver is retrieving necessary identification.
An informed criminal attorney may be able to have a weapons charge dismissed if the owner was in lawful possession of the firearm, or if an officer saw the handgun in a glove box or trunk.
Stolen Handguns in Summerville
A resident of Summerville might be charged if they are found to be in possession of a stolen weapon. Per S.C. Code Ann. §16-23-30(C), it is unlawful to knowingly sell, offer to sell, receive, or possess a stolen firearm.
Under this statute, a person may not sell or buy a weapon that has the serial number removed, as this could indicate that it is a stolen gun. Because a conviction under this law requires knowledge that the gun was stolen, a gun lawyer in Summerville may be able to successfully argue a lack of awareness on the part of the defendant.
Are Machine Guns and Sawed-Off Shotguns Legal in Summerville?
Only under limited circumstances may a resident of Summerville keep or transport a machine gun or sawed-off shotgun. Per S.C. Code Ann. §16-23-230, it is unlawful to keep a military-style weapon or automatic machine guns unless the carrier is a member of the military on active duty.
A violation of this law might result in severe consequences. Under S.C. Code Ann. §16-23-260, unauthorized possession of a machine gun or sawed-off shotgun may be charged as a felony, and a conviction may result in a fine of $10,000 and ten years of imprisonment. A seasoned gun attorney in Summerville may be able to advocate vigorously for individuals who are facing such penalties.
Call a Summerville Gun Attorney Today
Being charged with a firearms violation in e could lead to hefty fines and long periods of incarceration. If you have been accused of a firearms offense, it may be prudent to retain an attorney promptly.
A Summerville gun lawyer may be able to successfully defend you during legal proceedings related to an alleged firearms violation. Call today to speak with counsel.