What is a felony possession of a gun or firearm?

A person can lawfully possess a firearm, certainly, in South Carolina, as long as they don’t have a prior criminal history. If a person has a conviction for a felony, they become prohibited from owning a firearm or a gun; it doesn’t matter if it’s a shotgun or a rifle or a handgun.

If a person has been convicted of a certain crime, such as a felony, which is defined as a crime where the penalty could have exceeded one year, or if a person has a conviction for the crime of domestic violence, that person is prohibited from having a gun.

If the person is charged with having the gun, then the government must prove that the person in fact has the felony conviction and was in possession of the weapon, and that they were aware of the prohibition and aware of the conviction.

 

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