When it comes to firearm ownership after a felony conviction, many people find themselves confused about their rights.
This confusion becomes even more pronounced when the conviction was for a non-violent offense. The question “Can non-violent felons own firearms in South Carolina?” is one that comes up frequently, and the answer involves both federal and state laws working together to create specific restrictions.
South Carolina has experienced significant changes to its gun laws recently, particularly with the implementation of constitutional carry laws in March 2024. However, these changes do not alter the fundamental restrictions that apply to individuals with felony convictions, regardless of whether those convictions were violent or non-violent.
Our experienced Greenville criminal defense lawyer explains the laws surrounding felons owning firearms.
Federal Law Creates the Foundation
The federal Gun Control Act of 1968 establishes the primary framework for firearm restrictions across all states. This law prohibits the sale or possession of firearms by individuals convicted of a crime punishable by imprisonment for more than one year. This federal statute applies to all felony convictions, making no distinction between violent and non-violent offenses.
The federal prohibition is absolute and applies nationwide. This means that even if South Carolina were to allow non-violent felons to possess firearms (which it does not), federal law would still make such possession illegal. The federal government maintains jurisdiction over interstate commerce involving firearms, which gives it broad authority to regulate who can and cannot possess these weapons.
South Carolina’s Position on Felon Gun Rights
South Carolina follows federal guidelines strictly when it comes to felon firearm possession. The state has not created any exceptions for non-violent felons that would allow them to possess firearms while their federal prohibition remains in effect. This means that the answer to “Can a non-violent felon own a gun in South Carolina?” is definitely no, unless specific legal remedies are pursued.
The state’s recent constitutional carry legislation, which took effect in March 2024, allows most adults to carry firearms without permits. However, this law specifically excludes individuals who are otherwise prohibited from possessing firearms under federal or state law. The law applies to anyone not otherwise prohibited from possessing a firearm, which means felons remain excluded from these expanded rights.
Current Restrictions on Non-Violent Felon Gun Rights
Non-violent felons in South Carolina face the same firearm restrictions as those convicted of violent crimes. These restrictions include:
- Complete prohibition on purchasing firearms from licensed dealers
- Prohibition on possessing any firearm or ammunition
- Inability to obtain concealed carry permits or benefit from constitutional carry provisions
The term “non-violent felon” might suggest different treatment under the law, but current federal and state statutes make no such distinctions. Whether someone was convicted of tax evasion, drug possession, or embezzlement, they face the same firearm restrictions as someone convicted of assault or robbery.
South Carolina law enforcement agencies take these restrictions seriously. Violations can result in additional felony charges, which compound the legal problems facing someone who already has a criminal record. The penalties for felony possession charges can include significant prison time and additional fines.
Potential Paths to Restoration
While the default answer to whether non-violent felons can own firearms is no, South Carolina does provide a potential path for the restoration of these rights. A pardon restores firearm rights, the right to be licensed for any occupation requiring a license, and all civil rights lost because of the conviction. However, this process is neither simple nor guaranteed.
The pardon process in South Carolina involves several steps and requirements. Applicants must demonstrate rehabilitation, show compelling reasons for the pardon, and often wait years after completing their sentence before becoming eligible to apply. The Governor has discretionary authority over pardons, and relatively few are granted each year. This is the only way to restore your firearms rights as a felon in South Carolina. This process requires substantial documentation, character references, and often legal representation to navigate successfully.
The Application Process
Those seeking restoration of firearm rights through the pardon process must first complete their sentence entirely, including any probation or parole periods. The application itself requires detailed information about the original conviction, evidence of rehabilitation, community involvement, and character references from respected community members.
The process typically takes months or even years to complete. During this time, the applicant must maintain a clean criminal record and demonstrate ongoing commitment to being a law-abiding citizen. Employment history, community service, and family stability are all factors in the evaluation process.
Legal representation during this process can be crucial. An attorney like Will Hellams, who is familiar with the pardon process, can help ensure that applications are complete, compelling, and properly presented to the Governor’s office. He can also advise on timing and strategy to maximize the chances of success.
Legal Consequences of Violation
Violating firearm restrictions as a felon carries serious consequences. Federal charges for felons in possession of a firearm can result in up to 10 years in prison. State charges in South Carolina can add additional penalties. These sentences often run consecutively rather than concurrently, meaning someone could face decades in prison for what might seem like a minor violation.
The penalties become even more severe if the firearm is used in connection with another crime or if the individual has multiple felony convictions. Career offender enhancements and other federal sentencing guidelines can result in life sentences in some cases.
Seeking Legal Guidance from a Greenville Criminal Defense Lawyer
The intersection of federal and state firearm laws creates a complex legal environment that requires careful navigation. Anyone with questions about their specific situation should consult with qualified legal counsel. Each case involves unique circumstances that may affect available options and strategies.
At Hellams Law, LLC, our Greenville criminal defense lawyer has extensive experience helping clients navigate these challenging legal waters. Whether you are seeking information about pardon applications, facing new charges, or simply need clarification about your rights, professional legal guidance can make a significant difference in protecting your future.
Do not let confusion about these important legal matters jeopardize your freedom or future opportunities. Get in touch with us today for legal help!
