What Misdemeanors Prohibit Gun Ownership in SC?
In South Carolina, the possession and ownership of firearms are regulated by the state’s laws and constitution. While there are no federal laws that explicitly ban gun ownership for misdemeanor conviction, South Carolina has enacted its own laws that prohibit certain individuals from possessing or purchasing firearms due to their criminal history. In this article, we will explore what misdemeanors prohibit gun ownership in South Carolina.
Federal Laws
Before delving into South Carolina state laws, it is essential to understand the federal laws that regulate gun ownership. The National Instant Criminal Background Check System (NICS) is a federal background check system that screens gun buyers to ensure they are not prohibited from owning a firearm. The NICS uses a list of prohibited persons, which includes individuals with certain misdemeanor convictions.
According to the federal law, a person is prohibited from possessing or purchasing a firearm if they have been convicted of:
• Domestic Violence Misdemeanors: Any misdemeanor crime of domestic violence, including assault or battery against a family member or intimate partner.
• Misdemeanor Crimes of Moral Turpitude: Any misdemeanor offense that involves moral turpitude, such as burglary, theft, or criminal trespass.
South Carolina State Laws
South Carolina has its own set of laws that prohibit gun ownership for certain misdemeanor convictions. The state’s laws are more stringent than federal laws, and they prohibit possession or purchase of a firearm for individuals convicted of certain misdemeanors.
According to South Carolina Code of Laws, a person is prohibited from possessing or purchasing a firearm if they have been convicted of:
• Vehicular Homicide: Any misdemeanor conviction of vehicular homicide or involuntary manslaughter resulting from the operation of a motor vehicle.
• Assault and Battery: Any misdemeanor conviction of assault and battery with the intent to kill, harm, or intimidate.
• Criminal Domestic Violence: Any misdemeanor conviction of criminal domestic violence, which includes assault, battery, or other crimes committed against a family member or intimate partner.
• Prohibited Conduct: Any misdemeanor conviction of prohibited conduct, including stalking, trespass, or other crimes that constitute a threat to the victim’s safety.
Convictions that Do Not Prohibit Gun Ownership
It is essential to note that not all misdemeanor convictions prohibit gun ownership in South Carolina. The state’s laws distinguish between convictions that involve moral turpitude and those that do not. Convictions that do not involve moral turpitude, such as traffic offenses or minor property crimes, may not prohibit gun ownership.
Table: Misdemeanors that Prohibit Gun Ownership in SC
| Misdemeanor Conviction | Prohibits Gun Ownership |
|---|---|
| Vehicular Homicide | Yes |
| Assault and Battery | Yes |
| Criminal Domestic Violence | Yes |
| Prohibited Conduct | Yes |
| DUI | No |
| Minor Property Crimes | No |
| Traffic Offenses | No |
What to Do if You’re Prohibited from Owning a Gun
If you have been convicted of a misdemeanor that prohibits gun ownership in South Carolina, you may be wondering what your options are. Unfortunately, there is no easy solution to restore your right to own a firearm. The only way to legally possess a firearm is to seek a pardon or expungement of your conviction. A pardon is a formal forgiveness of your crime by the governor, while an expungement is the removal of your conviction from your criminal record.
Conclusion
In conclusion, there are several misdemeanors that prohibit gun ownership in South Carolina. It is essential to understand the federal and state laws that regulate gun ownership to avoid any legal consequences. If you are prohibited from owning a firearm due to a misdemeanor conviction, you may want to consider seeking a pardon or expungement to restore your right to own a gun. Remember to always follow the law and prioritize public safety.
