Your Options When Facing Gun Charges After a Traffic Stop in South Carolina

South Carolina’s Constitutional Carry law took effect in March 2024. This means you don’t need a concealed weapons permit to carry a handgun in most situations.

But there are still rules. And if you violate them during a traffic stop, you can be charged with unlawful carrying of a handgun—a misdemeanor that carries up to one year in jail and a $1,000 fine.

Let’s talk about what gun charges look like after a traffic stop and what defenses you have.

Your Defense Options When Facing Gun Charges

These cases are defensible. Here’s what your lawyer can do.

1. Challenge Whether the Search Was Legal

The Fourth Amendment protects you from illegal searches. If the officer searched your car without your consent, without probable cause, or without a warrant, any evidence they found may be inadmissible.

Your Rock Hill criminal defense lawyer will examine:

• Did the officer have a valid reason to pull you over?
• Did they have probable cause to search your vehicle?
• Did you actually consent to the search, or were you coerced?
• Did the officer follow proper procedures?

2. Prove You Were Storing the Gun Lawfully

Under current South Carolina law, you can store a handgun anywhere in your vehicle. If the officer arrested you because they didn’t understand the 2024 law changes, your lawyer can argue the charges should be dismissed.

3. Challenge “Constructive Possession”

If the gun was in a car with multiple people, the state has to prove you knew it was there and had control over it.

This is called constructive possession. If your lawyer can show you didn’t know about the gun or didn’t have access to it, that creates reasonable doubt.

4. Prove the Gun Wasn’t Yours

If someone else owned the gun and you didn’t know it was in the car, that’s a complete defense.

Witness testimony from the actual owner can back this up. So can registration records, purchase receipts, or text messages showing the gun belonged to someone else.

5. Argue You Weren’t Actually Prohibited from Possessing Firearms

If you’re charged with unlawful possession as a convicted felon, your lawyer will review your criminal history carefully.

Not all convictions prohibit gun ownership. The law only applies to certain violent offenses. If your prior conviction doesn’t fall into that category, the charges should be dismissed.

6. Show the Gun Was Stolen Without Your Knowledge

If the gun turns out to be stolen, but you didn’t know it, that’s a defense to some charges.

You’ll need to show how you came to possess the gun and that you had no reason to believe it was stolen. This works best if you bought it legally from someone you trusted or inherited it.

What About Federal Gun Charges?

Federal charges are more serious and carry harsher penalties. Common federal gun charges include:

• Being a felon in possession of a firearm. Federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing guns or ammunition. This includes people convicted of domestic violence.
• Possessing a gun while using drugs. If you were arrested for drug possession and had a gun, you could face federal charges for being an unlawful user of controlled substances in possession of a firearm.
• Transporting guns across state lines illegally. If you brought a gun into South Carolina from another state and you’re prohibited from possessing it, federal prosecutors may get involved.

Federal gun cases require a lawyer who understands both state and federal law. The procedural rules are different, and the penalties are much harsher.

The Penalties for Gun Charges in South Carolina

Here’s what you’re actually facing if convicted:

• Unlawful carrying of a handgun is a misdemeanor punishable by up to one year in jail and a $1,000 fine. A second offense increases to three years. A third offense can result in five years in prison.
• Possession of a firearm by a convicted felon is a felony punishable by up to five years in prison for a first offense. Subsequent offenses can result in up to 30 years.
• Carrying a weapon during a violent crime adds separate charges and penalties on top of whatever you’re charged with for the underlying crime.
• Stolen firearms charges turn a misdemeanor into a felony with up to five years in prison.

And don’t forget the collateral consequences. A gun conviction can cost you your job, your professional license, and your right to own firearms in the future.

Can You Get Your Gun Rights Restored?

If you’re convicted of a felony gun charge, you lose your right to own or possess firearms. But in some cases, you can get those rights restored.

South Carolina law allows certain convicted felons to apply for a pardon from the governor. If the pardon is granted, your gun rights may be restored.

You can also petition for your rights to be restored through the court system in some circumstances.

This process is complicated and requires legal help. But if you’ve stayed out of trouble and can show you’re no longer a danger to the community, it’s worth exploring.

What to Do If You’re Pulled Over with a Gun in Your Car

If you’re stopped by police and you have a gun in your vehicle, here’s what to do:

• Stay calm. Keep your hands on the steering wheel. Don’t reach for anything.
• Tell the officer you have a firearm. You’re not required to, but it’s safer to disclose it upfront. Say something like, “Officer, I want to let you know I have a firearm in the vehicle.”
• Follow their instructions. If they ask where it is, tell them. Don’t reach for it or touch it.
• Don’t consent to a search. You can politely decline if the officer asks to search your car. Say, “I don’t consent to searches.”
• Don’t answer questions without a lawyer. You don’t have to explain where you got the gun, why you have it, or where you’re going. Politely say you’d like to speak with a lawyer.
• Call a lawyer immediately. If you’re arrested, contact Okoye Law as soon as possible.

Act Fast to Protect Your Rights

If you’ve been charged with a gun offense after a traffic stop, time matters.

The sooner you hire a lawyer, the sooner we can start preserving evidence, interviewing witnesses, and challenging the state’s case.

Contact Okoye Law today for a consultation. We’ve successfully challenged illegal searches, proven our clients were lawfully possessing firearms, and negotiated reduced charges for first-time offenders.