CONVICTIONS AND GUN RIGHTS

October 10, 2014

By Vannoy Law Firm

 

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FEDERAL FIREARMS LAW AND CRIMINAL CONVICTIONS

…your misdemeanor is really a felony.

Over the years, I have had to advise many avid sportsmen regarding the prohibitions on persons convicted of certain crimes that in turn deprive them of their 2nd Amendment Right.  Federal law (18 U.S.C. 922(g)) states,

It shall be unlawful for any person—

-who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year….or who have been convicted of a crime of domestic violence…"to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce."
 
Simply because a state such as South Carolina labels a crime a "misdemeanor" does not mean one is exempt under federal law from possessing a firearm.  For example, Person A gets convicted of misdemeanor possession of cocaine 1st offense and gets a sentence of one year probation.  Despite South Carolina labeling this crime as a "misdemeanor", Person A will be barred under federal law from firearm possession.
 
Second scenario.  Husband is charged with criminal domestic violence in South Carolina against his wife.  Both parties reconcile but the State continues to prosecute.  The prosecutor offers husband a plea of time-served plus counseling.  Husband accepts.  As a result of the plea, Husband is a prohibited person under federal law and barred from firearm possession.
 
These examples are not exhaustive.  There are several other situations that cause firearm prohibition.  If you have questions about this article, a criminal case, or whether or not you are prohibited, feel free to contact me.
 

If you have been charged with a probation violation, traffic ticket, criminal offense, or a DUI, feel free to contact me to discuss your options.  At my office, you will receive a free interview in criminal cases.  If retained, I will go about protecting your initial court appearance, if possible, and begin investigating the case.  If you have questions about a criminal or DUI case or questions about this article, feel free to contact me at (843) 761-0610.  If you would like to read more about South Carolina's DUI and criminal laws, copy/paste this link into your search heading https://bradyvannoy.com/blog/

If you have questions regarding a DUI or criminal case in Berkeley, Charleston, or Dorchester County, please contact my office today at (843) 761-0610 or through the contact page on this website.

Photo-3Brady Vannoy is a criminal defense lawyer in Berkeley County, South Carolina.  He carries a Martindale-Hubbell AV Preeminent Rating.  According to the rating system, "AV Preeminent(r) is a significant rating accomplishment-a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence."

Brady Vannoy is a member of The National Trial Lawyers, Top 100 Trial Lawyers in South Carolina.  You can find his profile at www.thenationaltriallawyers.org.

Brady Vannoy's office is located in downtown Moncks Corner.  He regularly takes cases in Berkeley, Charleston, and Dorchester counties.  Brady is a member of the South Carolina Association of Criminal Defense Lawyers, The National Association of Criminal Defense Lawyers, and The National Trial Lawyers, Top 100.  Brady defends DUI and all types of criminal cases in Berkeley, Charleston, and Dorchester counties along with other areas of the South Carolina low country.  He can be reached at (843) 761-0610 or through the contact page on this website.

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