Unlawful Possession of a Gun

Felony gun charges in South Carolina

Hi, my name’s Dale Savage and I’m a criminal defense attorney here in Charleston, South Carolina. And today, we’re talking about felony gun charges, and in particular, unlawful possession of a firearm.

What is Unlawful Possession?
Now, when we’re talking about this particular statute, the statute controls two things. It controls what firearms are unlawful to possess, and it also controls certain types of persons that are prohibited from possessing a firearm, even if that firearm is lawful. This particular statute is important because it’s a felony and it carries up to five years in prison.

Types of Guns Prohibited

The types of firearms that are unlawful, that are covered by this statute, are firearms that are stolen or a firearm that has an obliterated serial number. If you possess a firearm and it has either one of those two characteristics to it, then you can be charged under this felony statute.

Types of Persons Prohibited

The other factors that control what types of persons are prohibited from possessing a firearm. People that are prohibited by a judge from possessing a firearm, persons that are drunkards, people that are drug addicts. If you’re under the age of 18 years of age, if you are mentally incompetent, if you are a fugitive from justice or you are a person convicted of a violent crime. This one is the one that’s most commonly charged in my experience as a criminal defense attorney, but it’s also the one that police most often get wrong.

And the reason why is not all felony convictions are statutorily defined as violent crimes. And so, oftentimes police will see that someone has a felony conviction in their background, and when they come across them and they are in possession of a firearm, they’ll charge them under this statute, not realizing that that statute requires that not only there be a felony, but that felony also has to be designated as a violent crime. If you do have a felony conviction and is not a violent crime, then you are not in violation of this statute.

Charleston, SC Gun Crime Lawyer

So, it’s important that you have your attorney look at the facts of your case to determine any defenses that may be available to you. So, if you are facing a felony gun charge, please give me a call at (843) 530-7813. I hope this video was helpful, and thanks for watching.

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