I lost my SC CWP due too charges

[foots402]

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.

[Guthumba]

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charged with a violent crime and, given such, the right granted to you by the state to carry a concealed weapon has been revoked until these charges are resolved.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.

[kelcarry]

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.

[rayven]

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.

[corneliusiii]

I can't figure out from your post whether you have been charged with something or not. Could you clarify?

[Guthumba]

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.

[billwot]

His post is unclear/confusing:

...I have not been charge .

After I go to court these charges will be drop ....

bill

[foots402]

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.

[Guthumba]

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.

[GeneM]

I alway thought it was supposed to be innocent until proven guilty. Guess I am wrong.