Pointing and presenting a firearm....

[BadJudgement]

What is the name of your state? South Carolina

Hello, I was convicted of 1 misdemeanor and 1 felony count of pointing and presenting a firearm June 2002. I was sentenced to 7 weekends of jail and 3 years of probation. Probation ends November 1st, 2005. I've been looking for quite a while now but haven't found anything that says specifically if P&P is considered a "crime of violence". Is it possible for me to own firearms if I was to get a Pardon? What are the laws regarding getting an expungement for this offense? Thanks for any help!!!

 

[CdwJava]

Hello, I was convicted of 1 misdemeanor and 1 felony count of pointing and presenting a firearm June 2002. I was sentenced to 7 weekends of jail and 3 years of probation. Probation ends November 1st, 2005. I've been looking for quite a while now but haven't found anything that says specifically if P&P is considered a "crime of violence". Is it possible for me to own firearms if I was to get a Pardon? What are the laws regarding getting an expungement for this offense? Thanks for any help!!!

Contact the ATF or your Attorney General's office.

I know that in MY state that would be a violent felony ... we call it 'assault with a deadly weapon'. I can't imagine that it's different in SC.

- Carl

 

[BadJudgement]

Hmmm...I found this doing a different search...

SECTION 16-1-60. Violent crimes defined.

For purposes of definition under South Carolina law, a violent crime includes the offenses of: murder (Section 16-3-10); criminal sexual conduct in the first and second degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct with minors, first and second degree (Section 16-3-655); assault with intent to commit criminal sexual conduct, first and second degree (Section 16-3-656); assault and battery with intent to kill (Section 16-3-620 ); kidnapping (Section 16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery (Section 16-11-330(A)); attempted armed robbery (Section 16-11-330(B)); carjacking (Section 16-3-1075); drug trafficking, as defined in Sections 44-53-370(e) and 44-53-375(C); arson in the first degree (Section 16-11-110(A)); arson in the second degree (Section 16-11-110(B)); burglary in the first degree (Section 16-11-311); burglary in the second degree (Section 16-11-312(B)); engaging a child for a sexual performance (Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1)); aiding and abetting homicide by child abuse (Section 16-3-85(A)(2)); inflicting great bodily injury upon a child ( Section 16-3-95(A)); allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B)); criminal domestic violence of a high and aggravated nature (Section 16-25-65); abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F)); abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E)); accessory before the fact to commit any of the above offenses (Section 16-1-40); attempt to commit any of the above offenses (Section 16-1-80); and taking of a hostage by an inmate (Section 24-13-450). Only those offenses specifically enumerated in this section are considered violent offenses.

SECTION 16-1-70. Nonviolent crimes.

For purposes of definition under South Carolina law a nonviolent crime is all offenses not specifically enumerated in Section 16-1-60.

It looks as though P&P is considered a nonviolent crime.

On the same web page I found that, it lists pointing a firearm at a person as a Class F felony....I didn't even know there was a Class F LoL!

 

[Burt Gummer]

Forgive my curiosity, but why did you P&P?

 

[BadJudgement]

My username says it all LoL! It was bad judgement on my part on how to handle the situation correctly. I do admit that it wasn't the smartest thing to do but it kept a bad situation, started by a drunk passenger in a different vehicle, from getting worse.