I lost my SC CWP due too charges


foots402

New member
SLED have ask me to return my SC CWP even though I have not been convicted of Assualt/Simple Assualt and Battery which is a misdemeanor. So be careful not to get charge with anything seems to me that they found me guilty before I go to court. After I go to court these charges will be drop due to I have not done anything to get charge with these charges. Sled says that they will return my CWP if found not guilty or disqualify.
 

I think that is a pretty common practice.

You have been charged with a violent crime and, given such, the right granted to you by the state to carry a concealed weapon has been revoked until these charges are resolved. It sucks not being able to carry while you are waiting for your charges to be addressed but I doubt the law can draw a line between those who have been charged and "will probably be convicted" and those who have been charged and "will probably have their charges dropped."

No offense, but I would actually be a little concerned if they didn't suspend your CWP.
 
Hey foots402: With all due respect to your situation and your guilt or non-guilt, I personally feel that anyone who has been given the permission to CC must be beyond reproach and squeeky clean. The old comeback to someone who says they needed to carry a gun because of the place they were going to is "you should not be going there in the first place". Taking that comeback a step further--If you have a CCWP and get in police trouble, especially for something violent (and assault is in that category--misdemeanor or whatever), you should probably not be someone who should have a CCWP in the first place. Sorry I feel that way and I hope that the police and the investigation fully exonerate you, but you never should have been in that situation to begin with. Your thread and post scare me.
 
I tend to disagree with the two follow-up posts.

The OP said that he wasn't even charged with a crime. But even if he was, he hasn't been convicted. We are all assumed to be innocent until proven guilty.

If they can take away a CCW permit for a simple accusation, they can revoke it for anything they feel like. Now if the OP used or threatened to use a weapon in an alleged assault, that would be a different story. The state would then have a valid reason to assume he could use the weapon again in a violent manner.

But if I get into a minor fight, which is simple assault, should I lose my right to carry? Most certainly not, unless convicted of an actual violent crime where they prove I am a violent person.

So no, in my opinion, the OP should not have had his CCW revoked, presuming no violence with weapons was involved.
 
Charged or not?

I can't figure out from your post whether you have been charged with something or not. Could you clarify?
 
Based on SC law it appears that he has been charged with a violent offense that would, upon conviction, result in him being prohibited from carrying a gun.


(F) The permit application form shall require the applicant to certify that:

(1) he is not a person prohibited under state law from possessing a weapon;

(2) he understands the permit is revoked and must be surrendered immediately to SLED if the permit holder becomes a person prohibited under state law from possessing a weapon;




(J) A permit is valid statewide unless revoked because the person has:

(1) become a person prohibited under state law from possessing a weapon;

(2) moved his permanent residence to another state and no longer owns real property in this State;

(3) voluntarily surrendered the permit; or

(4) been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge.
Once a permit is revoked, it must be surrendered to a sheriff, police department, a SLED agent, or by certified mail to the Chief of SLED. A person who fails to surrender his permit in accordance with this subsection is guilty of a misdemeanor and, upon conviction, must be fined twenty five dollars.
 
I have not been convicted yet. I was told by sled that if I'm not convicted they will send it back to me. My thing is I thought you are innocent until proving guilty!!!! In this case I was assualted first I defened myself but I got arrested.
 
Then you have been "charged" you just haven't been "convicted"...

As such, it seems like they have acted directly in accordance with the law.
 
Innocent until proven guilty is certainly understandable and I agree with those who use it as their basis for an answer to this thread, but the reality is that if he is proven innocent, he is not going back to just baking cupcakes--he is going back to carrying a weapon. I am 68 years old and have NEVER been arrested for anything and certainly not for assault. I have never been in a position or a location where I have had to "defend" myself against an attacker who punched me with, I assume, no provocation. Being proved not guilty is different than being innocent. No one but this thread-writer really knows the truth, but the bottom line is that he managed to put himself in a situation that somehow ended up in an assault situation; quite frankly I stand by an opinion that this is not someone who should be in a position to be carrying a gun--his next "non-guilty assault situation" could be your last.
 
Innocent until proven guilty is certainly understandable and I agree with those who use it as their basis for an answer to this thread, but the reality is that if he is proven innocent, he is not going back to just baking cupcakes--he is going back to carrying a weapon. I am 68 years old and have NEVER been arrested for anything and certainly not for assault. I have never been in a position or a location where I have had to "defend" myself against an attacker who punched me with, I assume, no provocation. Being proved not guilty is different than being innocent. No one but this thread-writer really knows the truth, but the bottom line is that he managed to put himself in a situation that somehow ended up in an assault situation; quite frankly I stand by an opinion that this is not someone who should be in a position to be carrying a gun--his next "non-guilty assault situation" could be your last.



I agree 100%
 
United States, assault may refer only to the threat of violence caused by an immediate show of force.[1][2]

United States, battery is the crime that represents the unlawful physical contact, though this distinction does not exist in all jurisdictions. Exceptions exist to cover unsolicited physical contact which amount to normal social behavior known as de minimis harm.


Only you know the full story of what happened but if you choose to carry a firearm you should be the bigger person and WALK AWAY. Goes back to stick and stones may break my bones but words will never hurt me.
 
I'm no attorney. But IMO, being innocent has nothing to do with SC law.

SC laws states a person that has been charged with a crime that would result in CWP revocation IF "Convicted", shall relinquish his/her CWP. Then; IF they are found innocent the CWP will be returned.

...been charged with an offense that, upon conviction, would prohibit the person from possessing a firearm. However, if the person subsequently is found not guilty of the offense, then his permit must be reinstated at no charge.

I think you can still carry in your car and other places it is "Legal" to do so "without" a permit.

My advice to the OP is really watch where he goes AND who he hangs with so that the chance of an altercation can be minimalized. I also want to wish him good luck.
 
Various states are different. In many states, if you haven't been convicted of a misdeanor in the last 5 years (or three in some states), you are qualified to carry concealed (Virginia). Some other states will not issue a permit to a person convicted at any time in the past (North Carolina).

My own personal opinion, if charges are pending you should be allowed to retain your permit until convicted unless you used your weapon to comitt the alleged offense.

Guess you're just going to have to wait it out. Since your court date is only a few weeks away, I think you can make it.







.
 
I'm not a bad person like some of you think I'm. I have witnesses that saw what happen.
You posted and people began judging you; some people love to judge others without sufficient facts--it's human nature.

You left out details, which you should have done. You'd probably have been better off to wait until this is resolved before saying a word---especially on the internet.

I hope none of this was your fault and you come through this with your rights and life intact. Unfortunately, whatever the outcome, you're likely at a life-changing place, your attitudes and assumptions will be forever altered.
 
I alway thought it was supposed to be innocent until proven guilty. Guess I am wrong.

That's just on the history channel.
In reality, in America you are guilty until your defense counsel can prove you are innocent.
And believe it or don't, justice in America has absolutely nothing to do with guilt or innocence. Your outcome depends entirely on which lawyer can tell the most convincing story to a jury.

I believe everyone should be allowed to carry a weapon if they choose. Some people remark "But this ain't the old west!" If you study your history and do the homework, you would find that in the "old west" where everyone carried a gun, the murder rate per capita was much much less than it is today with all the gun laws we have. I also feel that if a man has served his time, paid his restitution, and has made a new start that even felons should be able to carry a weapon. It is remarkable that the system expects these people to integrate into society, be productive, and lead a real life when they are treated as second class citizens for the rest of their life.
For instance, if you have been convicted of a drug offense, you are disqualified for a Pell Grant for college. My point is that these are exactly the people society should want going to college so they can make themselves a productive life. Someone like our friend here might be convicted and loose him right to carry, prohibiting him from defending himself. Who is society to say that his life is any less important than Mr. squeaky cleans?













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I'm not a bad person like some of you think I'm. I have witnesses that saw what happen.

I read this post when you first posted it on the forums it seems you have edited it. The full above post went on to say how the child attacked you and ripped your shirt and you held her down. You then went on to say how the child is telling people you jumped on her and started beating her and how you would not do that because you helped raise her most of her life. Can i ask why you edited the above post and took out that information?
 

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