Restoration of Gun Rights
Protecting Civil Liberties in Charleston
All states, including South Carolina, have their own code of laws and specific provisions on how weapons may be carried, and who can own a firearm lawfully. While the right to bear arms is one of our constitutional rights as Americans, this can be taken away when we are convicted of crimes and remain in place long after we’ve done our time. Our Charleston attorneys know that we take our rights for granted until they’re gone. If you’ve had your gun rights revoked after being convicted, you’re not out of options just yet. Depending on your unique situation, you may be able to seek restoration of those rights through expungement or pardon. To learn more about how you can overcome your past and reclaim your life, reach out to Bostic Law Group, P.A. Our attorneys go above and beyond to understand each client’s situation and develop a plan that can achieve your legal goals.
Call (843) 350-9646 or contact our team online to schedule a consultation with our team. Our attorney Seth P. Sanders is an experienced firearms rights restoration attorney who can use his knowledge to help you.
South Carolina’s Gun Prohibition Laws
Federal law prevents certain individuals from purchasing or possessing firearms, and South Carolina laws also make it unlawful for people who have been convicted of violent crimes to possess firearms or ammunition if the crime is considered a felony.
Violent crimes that can prohibit a person from owning or acquiring a gun include:
- Murder and manslaughter
- Burglary or robbery
- Assault with intent to kill, commit rape, or rob
- Assault with a dangerous weapon
- Assault with intent to commit any offense that can be punishable by imprisonment for more than one year
Beyond criminal convictions, there are other circumstances that can bar a person from being able to own a handgun, such as if they’re a fugitive, drug addict, been deemed mentally incompetent, are under the age of 18, or are considered unlawfully present in the U.S.
Can I Own a Firearm if I’ve Been Convicted of Domestic Violence?
In South Carolina, gun laws prohibit firearm possessions if individuals have been convicted of domestic violence first degree for ten years, second degree and if the court concluded the person caused injuries to their household member, and if there’s an order of protection in place. Domestic violence is limited to crimes committed against household members, which don’t include dating partners.
However, federal law prohibits any person with any domestic violence conviction from owning a firearm, which means that if you are complying with state gun laws, you may in fact be violating federal gun laws. This is a complicated situation, which is why it’s best practice to seek advice from a well-known gun rights attorney.
Why Would I Want to File for a Pardon?
Perhaps the most common way individuals seek to restore their gun rights, including the right to own a firearm and have a concealed weapon permit (CWP), is through filing for a pardon. A pardon, while not erasing your criminal record completely, will help you regain your civil rights and show others like employers that you’re considered to be rehabilitated.
According to the South Carolina Appleseed Legal Justice Center, almost 70% of people who applied for pardons in 2017 were successful. To increase your chances of earning a pardon, it’s important that you hire an attorney who has demonstrated success in restoring gun rights. Our own attorney, Seth P. Sanders, is a firearms rights restoration attorney who is well-versed on South Carolina laws and can help you pursue a pardon. We can help you file a strong application and prepare you for the Pardon Board, as restoring your rights requires appearing in a hearing. Because civil rights restoration varies case by case and can be subjective, referring to other successful cases won’t help you in your unique situation. Only an experienced lawyer can help you increase your chances at getting your rights back.
Everyone deserves a second chance. Our Charleston attorneys can help you restore your gun rights when you call us for a consultation at (843) 350-9646.
Meet Our Team
Dealing with Mr. Bostic was one of the most pleasant professional experiences I've had. He was thoughtful, kind, considerate, and he had clearly reviewed the details of my case prior to our discussion. He spoke w candor and he helped me to understand nu”- Craig