Articles Tagged with South Carolina

DSCF0502.jpgPossession of most Title II weapons are regulated by South Carolina law under Title 16.  However, silencers are not mentioned in the statue, but that does not make it legal to possess a silencer in South Carolina.  In order to possess Title II weapons you must comply with state and federal law.  While South Carolina law does not make the possession of silencers illegal, federal law does.  Therefore, to obtain a silencer in South Carolina you must apply to the Bureau of Alcohol, Tobacco, and Firearms (ATF) via a Form 4 application receive approval, and pay the $200 federal tax stamp.  The ATF has certain requirements for individual applicants and other requirements for trusts and corporations that apply to purchase Title II weapons.  A nice thing about using a NFA trust is that no CLEO signature or fingerprints are required.  For more information about Title II weapons visit www.guntrustlawyer.com or contact a South Carolina Firearm Attorney.

179543_m60.jpgSection 16-23-220 of the South Carolina Code of Laws prohibits the possession of machine guns, sawed off shotguns, and sawed off rifles.  These firearms are commonly known as NFA firearms, Title II firearms, or Class 3 weapons.  However, you can legally possess an NFA firearm in South Carolina if it complies with federal law and NFA regulations.  Therefore, if a South Carolina gun owner obtains his Class 3 stamp from the Bureau of Alcohol, Tobacco, and Firearms (ATF), he may possess that Title II firearm in South Carolina.

A South Carolina NFA trust is a smart way to own and possess a Title II weapon in compliance with federal and state law.  There are many benefits to obtaining a Title II weapon using a South Carolina Gun Trust, including protection against unlawful transfers.  To learn more about possessing a Title II firearm in South Carolina, contact a South Carolina Gun Lawyer.  Additionally, you can visit www.guntrustlawyer.com for information about NFA gun trusts.

In Jacksonville Florida, a person convicted crime cannot seal or expunge his criminal record.  However, if a Florida criminal defendant is given a withhold of adjudication on the crime, he may be able to seal his Florida record.  According to Florida’s expungement law, that criminal defendant must have his Florida criminal record sealed for 10 years in order to expunge his Florida criminal record.

Unlike Florida law, South Carolina expungement laws are more lenient.  In South Carolina, a person that has been convicted of a crime may apply to have his South Carolina criminal record expunged.  Anyone with a South Carolina criminal record may expunge his record if he has been convicted of the following:
  1. Fraudulent Checks (unless the crime is a felony).

According to South Carolina Statute Section 34-11-90(e), a person that has fraudulent check convictions in may expunge his record.  South Carolina has certain requirements that must be met.

  1. The South Carolina fraudulent check conviction is a first offense.
  2. It has been one year since the South Carolina fraudulent check conviction, and the defendant has no other convictions during that one year period.
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