What if I Am Already Charged with Unlawful Carry?

Prior to March 7, 2024, you were required to obtain a permit to carry a concealed weapon in South Carolina, with open carry being strictly prohibited. However, new legislation that was signed into law by Governor McMaster this year allows permit less carry for most individuals of at least 21 years of age. However, this creates a unique problem concerning individuals facing unlawful carry charges prior to the new law taking effect.

In this blog, our Conway, SC, weapons charge lawyers discuss the recent changes in gun laws in the Palmetto State and what it means for past offenders.

South Carolina Constitutional Carry Law

The execution of Bill 3594 amends former South Carolina law, enabling most individuals at least 21 years of age the right to carry a firearm, open or concealed, without a permit. Additionally, individuals are not required to reveal to law enforcement if they are carrying a gun during a routine traffic stop. This change in law is codified as the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2024.

What Does This Mean for Past Offenders?

With the enactment of the Constitutional Carry Law, those convicted for unlawfully carrying are eligible to have the transgression expunged from their record. Unfortunately, the governor does not have the authority to expunge a record. Individuals must apply through the court and have a judge sign off for the expungement to be granted.

If you have a case pending trial, you are not eligible for expungement. The governor has repeatedly vetoed bills, granting those with pending cases the charge to be dropped, stating that the decision should be up to a prosecutor, not state law. This means that individuals who were more recently charged may still be convicted for an offense that is no longer a crime.

What Can a Weapons Charge Lawyer Do for Me?

If you have a past conviction for unlawful carry, our legal team can help you apply for expungement. An expungement permanently removes the conviction from your record, giving you opportunities that you would otherwise not have. The benefits of an expungement are numerous; you will likely have better job opportunities and more choices for housing. At The Law Offices of L. Morgan Martin, P.A., we believe that someone who has already served their sentence should no longer be punished for a past offense.

Furthermore, our weapons charge lawyers represent individuals whose cases are still pending in court. If the state does decide to pursue charges, our team will fight to get your charges dismissed or dropped. We conduct our own investigation to decide which defenses may be available to you. If the police gathered evidence unlawfully or did not follow proper procedures (such as forgetting to read you your Miranda rights), we will act accordingly.

Reach Out to Our Conway Weapons Charge Lawyers Today

A weapons charge can bring your life to a screeching halt. If you are currently facing a weapons charge or have a prior conviction, our legal team wants to hear from you. At The Law Offices of L. Morgan Martin, P.A., our Conway, SC, weapons charge lawyers are determined to do everything within our scope to help secure the best possible case outcome. To arrange your consultation and learn more, contact us online or by phone today.