Understanding Federal Gun Charges in South Carolina and How to Defend Them

Federal gun laws can be highly complex. This topic often sees multiple perspectives overlap and, in some cases, conflict with one another. Personal defense versus public safety, as well as state versus federal legislation, can create some intricate legal situations. If you’re facing federal gun charges in South Carolina, it’s crucial to know the law.

When a case goes federal, the investigation expands, and the potential punishments escalate. For these charges, you need an attorney who understands federal gun crime laws. Christopher A. Wellborn, P.A., brings decades of legal skills, courtroom experience, and professional knowledge that can make a big difference for your future.

Understanding South Carolina’s Gun Laws

South Carolina residents who are not otherwise prohibited by law from carrying a firearm may carry one without a permit and without training, under the South Carolina Constitutional Carry/Second Amendment Preservation Act. Guns may be carried openly or concealed, including in a vehicle, and possession alone is not a legal reason to stop someone.

As noted by the NRA-ILA, there is no permit, license, or registration required for the purchase or ownership of pistols, shotguns, and rifles in South Carolina. The state also has an enacted castle doctrine, laws allowing firearms in restaurants, and protections for the confidentiality of carry status. The state also recognizes out-of-state gun permits on a conditional basis.

How Federal Laws Impact South Carolina Gun Owners

Despite South Carolina’s reputation for respecting gun rights, federal legislation does overlap and sometimes override state laws. The United States Attorney’s Office for the District of South Carolina uses 18 USC § 922(g) to handle firearms cases. This law prohibits knowing possession or receipt of a firearm by prohibited persons. This can include:

• Convicted felons for offenses that carry over one year, or anyone awaiting trial for a felony charge
• Current drug users or addicts (failed drug tests or been convicted of drug use or possession in the last year)
• Illegal immigrants and non-immigrant foreigners (excluding those with green cards)
• Persons adjudicated as mentally defective or those in mental institutions
• Anyone subject to a domestic restraining order, or with a prior misdemeanor conviction for domestic violence
• Fugitives from justice
• Military members who were dishonorably discharged

These crimes can carry up to 10 years in prison, or up to 15 years in prison if the accused has three or more convictions of a felony crime of violence.

Additional Federal Gun Crime Charges in South Carolina

In some cases, specific actions on the part of an otherwise law-abiding person can lead to federal gun charges. For example, a person may face up to five years in prison for possessing or discharging a firearm (that has moved in interstate commerce) in a school zone.

Gun manufacturing can also lead to federal charges. In 2023, over 9.7 million guns were manufactured in the country. The type of gun a person manufactures or possesses can lead to 5 to 10 years in prison. You could be charged for creating unregistered machine guns, sawed-off shotguns, firearm silencers, or semi-automatic assault weapons. For these serious charges, it’s crucial to contact a federal gun crime attorney.

Why Federal Gun Charges Are Prosecuted Aggressively

The unique nature of gun laws creates overlapping concerns as people travel between states and legal jurisdictions. Aggressive prosecution of federal gun crimes is aimed at reducing violence and the potential for illegal arms dealing, effectively functioning as an overlapping legal framework across individual states.

In 2024, 97.7% of individuals sentenced in accordance with 18 USC § 922(g) received prison time. This statistic shows how the legal system aims to deter future federal gun crimes in an effort to prevent gun deaths, as about 132 firearm-related deaths occur daily.

How to Defend Federal Gun Charges in South Carolina

If you’re accused of federal gun charges in South Carolina, the defense strategy employed in your specific case depends on the exact charge, the circumstances involved, how evidence was obtained, and where prosecutors can meet all legal elements under federal law.

The following are common defense strategies used against federal gun charges:

• Challenging possession
• Suppressing evidence
• Attacking the prohibited person status
• Creating doubt in the chain of custody and forensic results

Early legal intervention is crucial. By giving a qualified attorney all the details of your case, you may help them dispute ownership and intent by the government’s definition, or help them prove procedural errors such as unlawful searches or unclear evidence handling.

FAQs

Is South Carolina Accommodating Toward Gun Owners?

Yes, South Carolina is very accommodating toward gun owners who obey the law. The state has permitless constitutional carry, an enacted castle doctrine, and other legal protections for gun owners. However, state residents are still subject to restrictions from federal laws and/or due to current or previous legal issues.

How Do Federal Laws Impact Gun Owners in South Carolina?

Federal laws impact gun owners in South Carolina in multiple ways. These laws can prohibit gun ownership for those with felony convictions, pending cases, drug charges, and other legal issues. In addition, federal laws also limit the type of guns a person may manufacture or own, as well as how or where they may transfer or carry them.

What Is the Punishment for Federal Gun Crimes?

The punishment for federal gun crimes can vary depending on the nature of the offense. For example, possession by a prohibited person under 18 USC § 922(g) can result in up to 10 years in prison, or 15 years if the accused has three or more prior convictions for felony violence.

Are Federal Gun Crime Charges More Serious Than State Gun Crime Charges?

Yes, federal gun crime charges are generally considered more serious than state gun crime charges. While any legal matter is pressing, federal prosecutors have more legal resources and a higher conviction rate than many state jurisdictions. If you’re facing these charges, contact a South Carolina federal gun crime attorney as soon as possible.

Hire a Federal Gun Crime Lawyer Today

Even in a state like South Carolina that’s friendly toward gun rights, federal gun crime charges can cause a person intense stress and even the loss of their freedom. If you’re accused of federal gun charges in South Carolina, call on Christopher A. Wellborn, P.A., for legal representation.

With over 30 years of experience and numerous high-level accolades, Mr. Wellborn and this firm have a highly respected reputation. This in-depth knowledge and sense of ethical professionalism can serve you well against legal action from federal prosecutors. These authorities work diligently to make a case, so it’s important you do the same. Contact us today to speak with a legal professional who can defend your rights.