More details to this question:
In 2008 I got a "discharging a firearm" charge, I was arrested and convicted for shooting a airsoft gun on my property within city limits. At the time i was unaware of the law, and didn't think a toy could get me arrested, I didn't point it at anyone, i was just shooting it inside and in the backyard.... To this day i won't even shoot a nerf gun outside. Other than this I have a clean record, this charge comes up on everything, it has destroyed my record. Recently i was informed i couldn't buy a gun because of it, can't even buy something for self defense.... I want this erased for my record, what must I do?
1 ANSWER
Aviation Law Attorney serving Mount Pleasant, SC
Partner at
J. Brooks Davis, Attorney at Law
2 Awards
First, I don't think an airsoft gun is considered a "firearm". Second, only a felony will preclude you from purchasing a firearm and discharging a firearm within city limits is usually a misdemeanor. Assuming your Second Amendment rights have been suspended, you would need a pardon to have your rights restored. Once that is done, you may expunge the record. Expunging the record alone will not restore any rights. All it will do is seal the record so it is not publically available.
The following defines a "firearm" in South Carolina:
SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.(A) Except for the provisions relating to rifles and shotguns in Section 16-23-460, as used in this chapter, "weapon" means firearm (rifle, shotgun, pistol, or similar device that propels a projectile through the energy of an explosive), a blackjack, a metal pipe or pole, or any other type of device, or object which may be used to inflict bodily injury or death.
Air, a spring, green gas or propane are probably not considered an "explosive".
Answered on Sep 29th, 2015 at 8:23 PM