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McGuire Law

Columbia Weapons Charges Defense Lawyer

Weapons charges in Columbia, South Carolina create permanent criminal records that destroy Second Amendment rights, eliminate careers in law enforcement and military service, and brand you as violent or dangerous based on allegations involving firearms, knives, or weapons possession that may be constitutionally protected or result from misunderstandings.

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Available 24/7 - Immediate Response for Firearms Arrests

Attorney Matt McGuire

Whether arrested for unlawful carrying of a pistol near Five Points, charged with possession of a weapon during a violent crime after a domestic dispute, accused of bringing a firearm onto USC campus, or facing federal weapons charges at Fort Jackson, South Carolina's complex gun laws criminalize conduct that law-abiding citizens believe is legal.

Matt McGuire has defended weapons charges in Columbia for over three decades, understanding how South Carolina's "unlawful carrying" statute criminalizes behavior the Second Amendment arguably protects, how domestic violence allegations trigger federal firearms prohibitions, and how possession charges often involve illegal searches violating Fourth Amendment rights.

The Legal Expertise of McGuire Law

Weapons charges involve constitutional rights that other criminal cases don't implicate. Effective defense requires attorneys who understand both Second Amendment protections and the complex procedural requirements for challenging illegal searches that often produce weapons evidence.

Second Amendment Defense

Challenging weapons laws that unconstitutionally infringe on the right to keep and bear arms, particularly following recent Supreme Court decisions expanding firearm protections.

Fourth Amendment Suppression

Attacking illegal vehicle searches, home entries without warrants, and pretextual stops lacking probable cause—forcing suppression of weapons evidence illegally obtained.

Federal Firearms Defense

Defending federal weapons charges carrying harsher penalties than state prosecutions, including ATF investigations, trafficking allegations, and prohibited person charges.

Permit and Technical Defenses

Establishing valid concealed weapons permits, challenging prohibited location designations, and proving technical compliance with South Carolina's complex carrying requirements.

Rights Restoration Advocacy

Helping clients whose firearms rights were improperly restricted pursue restoration, challenge prohibited person status, or obtain pardons allowing gun ownership.

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Weapons Charges We Defend

South Carolina and federal law create multiple weapons offenses with varying penalties. Understanding the specific charges you face—and the elements prosecutors must prove—is essential to building effective defenses.

Unlawful Carrying of a Pistol

S.C. Code § 16-23-20 criminalizes carrying handguns without permits, in prohibited locations, or by prohibited persons—punishable by up to one year imprisonment.

Possession During Violent Crime

S.C. Code § 16-23-490 adds mandatory five-year consecutive sentence to any violent crime conviction when weapons were present—regardless of whether used.

Felon in Possession

Both state and federal law (18 U.S.C. § 922(g)) prohibit convicted felons from possessing firearms, carrying up to 10 years federal imprisonment.

Weapons on School Grounds

Including USC campus and Richland/Lexington County schools, creating separate charges with enhanced penalties even for valid permit holders.

Pointing and Presenting Firearms

S.C. Code § 16-23-410 criminalizes threatening gestures or displays with firearms, carrying up to five years imprisonment.

Federal Firearms Trafficking

Multiple weapons transactions, straw purchases, or interstate transport triggering federal jurisdiction with severe mandatory minimum sentences.

Weapons Convictions Permanently Destroy Gun Rights

Even misdemeanor convictions can trigger lifetime firearms bans under federal law, eliminating hunting, sport shooting, and self-defense rights forever.

McGuire Law's Core Values

Weapons charges implicate fundamental constitutional rights that require vigorous protection. Our values ensure we defend both your immediate freedom and your long-term Second Amendment rights.

Constitutional Rights Protection

We believe in the Second Amendment and fight to protect law-abiding citizens from prosecutions that criminalize constitutionally protected conduct.

Aggressive Evidence Challenges

Many weapons charges result from illegal searches. We scrutinize every traffic stop, home entry, and consent claim to force suppression of improperly obtained evidence.

Future Rights Focus

Beyond avoiding conviction, we protect your ability to own firearms in the future—considering federal prohibitions that even misdemeanor convictions can trigger.

Immediate Response

Weapons arrests often happen during traffic stops or police encounters at night or on weekends. We respond immediately to protect your rights from the start.

Honest Assessment

We provide straightforward evaluation of your charges, defenses, and realistic outcomes—not false promises that lead to worse results at trial or sentencing.

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Defense Strategies We Employ

Weapons cases present unique defense opportunities involving constitutional protections, technical permit requirements, and search and seizure challenges. We exploit every avenue to protect your rights and freedom.

Second Amendment Challenges

Challenging overly restrictive South Carolina weapons laws that infringe on constitutional rights to keep and bear arms under recent Supreme Court precedents.

Fourth Amendment Violations

Attacking illegal vehicle searches, home entries without warrants, and pretextual stops lacking probable cause—suppressing weapons evidence obtained unconstitutionally.

Lack of Knowledge Defense

Proving you didn't know weapons were present, were stolen, or were in prohibited locations—negating required mental state elements.

Valid Permit Defense

Establishing that you held current Concealed Weapons Permits covering alleged violations or that locations weren't actually prohibited.

Constructive Possession Challenges

When weapons were in vehicles or homes with multiple occupants, challenging prosecution's ability to prove you had knowing control over firearms.

Self-Defense Justification

Castle doctrine and self-defense arguments when possessing or displaying weapons during legitimate protection of person or property.

The McGuire Law Difference

Weapons charges require attorneys who understand both constitutional law and criminal procedure at the highest levels. Matt McGuire has spent over 30 years developing expertise that protects both immediate freedom and long-term gun rights.

30+ Years of Firearms Defense

Three decades defending weapons charges in state and federal courts creates experience essential when challenging complex gun laws and constitutional violations.

State and Federal Court Experience

We defend weapons charges in both state prosecutions and federal court, understanding how federal firearms laws create harsher penalties and different procedures.

Understanding Military Issues

Columbia's proximity to Fort Jackson creates unique weapons issues for military personnel, contractors, and families. We understand these situations and coordinate appropriately.

Search and Seizure Expertise

Most weapons evidence comes from searches. We scrutinize every aspect of police conduct, forcing suppression when constitutional rights were violated.

Long-Term Rights Protection

We consider not just immediate charges but lifetime gun rights implications, negotiating outcomes that preserve your Second Amendment rights whenever possible.

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Consequences of Weapons Convictions

Weapons convictions create consequences far beyond prison sentences. Understanding what's at stake reveals why aggressive defense of firearms charges matters.

Criminal Penalties

  • Up to one year for unlawful carrying of pistol
  • Mandatory five years consecutive for weapons during crime
  • Up to 10 years federal imprisonment for felon in possession
  • Enhanced penalties under repeat offender statutes

Collateral Consequences

  • Permanent firearms prohibition under federal law
  • Career destruction in law enforcement, military, security
  • Loss of voting rights for felony convictions
  • Automatic deportation for non-citizen immigrants

Federal Law Prohibits Firearms After Certain Misdemeanors

Domestic violence misdemeanor convictions trigger lifetime federal firearms bans—making proper defense of these charges critical even when prison time is minimal.

Your Rights During Police Encounters

What you say and do when police ask about firearms can determine whether you face charges. Knowing your rights protects you from making weapons situations worse.

Never Consent to Searches

When officers ask about weapons, don't consent to vehicle or home searches. Force them to obtain warrants, creating suppression opportunities if procedures are violated.

Don't Answer Questions About Firearms

You have no obligation to tell police whether you own guns, where weapons are located, or whether you have permits. Invoke your right to remain silent.

Invoke Your Rights Clearly

State: "I want my lawyer and will not answer questions." This protects you from self-incrimination when police inquire about firearms possession.

CWP Holders: Inform But Don't Explain

If legally carrying during traffic stops, provide permit documentation as required but don't answer additional questions or explain your reasons for carrying.

Challenge Extended Detentions

Police can't extend traffic stops for K-9 units or weapons searches beyond the original purpose. Document detention times and challenge unreasonable extensions.

Frequently Asked Questions

Weapons charges involve complex constitutional issues and technical legal requirements. Here are answers to questions Columbia weapons defendants commonly ask.

Can I carry a firearm in my car without a permit?

South Carolina law has specific rules about vehicle carry. Recent law changes allow permitless carry in some situations, but restrictions still apply. We analyze your specific circumstances.

What if police found my gun during an illegal search?

Evidence from unconstitutional searches must be suppressed. We scrutinize every aspect of police conduct to determine whether Fourth Amendment violations occurred.

Will I lose my gun rights permanently?

Certain convictions trigger lifetime federal firearms bans. We fight to avoid these convictions or negotiate outcomes that preserve your Second Amendment rights.

Can I carry on USC campus with a CWP?

No. South Carolina law prohibits firearms on college campuses regardless of permit status. These violations carry separate penalties we can help you understand.

What if I didn't know the gun was stolen?

Lack of knowledge can be a defense to stolen firearm charges. We investigate how you acquired the weapon and build defenses around what you actually knew.

Can my rights be restored after a felony?

In some cases, firearms rights can be restored through pardons or other procedures. We evaluate your situation and advise on restoration possibilities.

What's the difference between state and federal charges?

Federal firearms charges often carry mandatory minimums and harsher sentences than state charges. We defend in both courts and understand these critical differences.

What does weapons defense cost?

Fees depend on charge severity and whether state or federal. We provide clear fee structures upfront. Call for free to discuss your case and receive honest estimates.

Matt McGuire - Attorney

About South Carolina Attorney Matt McGuire

Matt McGuire South Carolina Criminal Defense Personal Injury Family Law Attorney

With over 30 years of experience defending South Carolina, McGuire Law provides elite legal representation with national recognition. McGuire Law has grown from a small practice into one of the most trusted law firms in South Carolina.

McGuire Law is committed to each client's unique situation, and we don't believe in boilerplate solutions. Every case requires careful analysis, strategic planning, and aggressive representation.

McGuire Law serves all 46 South Carolina counties. We know these counties, their courts, their legal communities, and most importantly, the people who live here.

Matt McGuire received his B.A. from the University of North Carolina - Chapel Hill and his J.D. from the University of South Carolina.

Matt has served as a law clerk for a State Circuit Judge, an Assistant Attorney General for the State of South Carolina, and an Assistant Solicitor in the Fifth Circuit Solicitor's Office.

Matt is a proud husband, father of two, and a long-time resident of Richland County, South Carolina.

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When weapons charges threaten your freedom and Second Amendment rights in Columbia, you need more than just any attorney – you need Matt McGuire and McGuire Law.

Don't let another day pass without proper legal protection against firearms charges. Call McGuire Law now and experience the difference that personal, aggressive, and effective legal representation can make in your weapons case.

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Columbia Office

2001 Assembly Street, Suite 102-B
Columbia, SC 29201

(888) 499-5738

Contact McGuire Law Today

Matt McGuire has defended weapons charges throughout Columbia and South Carolina for over 30 years, protecting Second Amendment rights and fighting unconstitutional prosecutions in Richland and Lexington County courts and federal court.

"The only thing we have to fear is fear itself." — Franklin D. Roosevelt