Is Unlawful Carry a Felony in SC?
The state of South Carolina has strict laws regarding the carrying of firearms, and unlawful carry can result in serious consequences. In this article, we will explore the laws surrounding unlawful carry in South Carolina and answer the question: Is unlawful carry a felony in SC?
What is Unlawful Carry?
Unlawful carry refers to the act of carrying a firearm in a public place without a valid permit or license. In South Carolina, the laws regarding firearms are governed by the South Carolina Code of Laws, specifically Title 16, Chapter 23, which deals with firearms and other weapons.
Is Unlawful Carry a Felony in SC?
Yes, unlawful carry can be a felony in South Carolina. According to Section 16-23-420 of the South Carolina Code of Laws, "a person who is not eligible to possess a firearm under federal law or who has been adjudicated mentally defective or who has been committed to a mental institution is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars and imprisoned not less than five years nor more than ten years."
Types of Unlawful Carry
There are several types of unlawful carry in South Carolina, including:
- Carrying a firearm without a permit: This is the most common type of unlawful carry, and it occurs when a person carries a firearm in a public place without a valid permit or license.
- Carrying a concealed weapon without a permit: This type of unlawful carry occurs when a person carries a concealed weapon, such as a handgun, without a valid permit or license.
- Carrying a firearm in a school zone: This type of unlawful carry occurs when a person carries a firearm in a school zone, which is defined as an area within 1,000 feet of a public or private school.
- Carrying a firearm on school property: This type of unlawful carry occurs when a person carries a firearm on school property, including school buildings, grounds, and facilities.
Consequences of Unlawful Carry
The consequences of unlawful carry in South Carolina can be severe. If you are convicted of unlawful carry, you can face:
- Fines: Fines can range from $1,000 to $5,000, depending on the circumstances of the offense.
- Imprisonment: Imprisonment can range from 5 to 10 years, depending on the circumstances of the offense.
- Loss of gun rights: A conviction for unlawful carry can result in the loss of your right to possess a firearm.
- Criminal record: A conviction for unlawful carry can result in a criminal record, which can have long-term consequences for your future.
Defenses to Unlawful Carry
While the consequences of unlawful carry can be severe, there are several defenses that may be available to you. These include:
- Lack of knowledge: If you did not know that you were carrying a firearm without a permit, you may be able to use this as a defense.
- Self-defense: If you were carrying a firearm for self-defense purposes, you may be able to use this as a defense.
- Mistake of fact: If you believed that you were carrying a firearm legally, but were mistaken, you may be able to use this as a defense.
Table: Unlawful Carry Penalties in SC
| Offense | Fine | Imprisonment |
|---|---|---|
| Carrying a firearm without a permit | $1,000 – $5,000 | 5 – 10 years |
| Carrying a concealed weapon without a permit | $1,000 – $5,000 | 5 – 10 years |
| Carrying a firearm in a school zone | $2,000 – $10,000 | 10 – 20 years |
| Carrying a firearm on school property | $2,000 – $10,000 | 10 – 20 years |
Conclusion
Unlawful carry is a serious offense in South Carolina, and it can result in severe consequences, including fines and imprisonment. If you are facing charges for unlawful carry, it is important to seek the advice of an experienced attorney who can help you navigate the legal system and build a strong defense. Remember, unlawful carry is a felony in SC, and it is important to take this offense seriously.
