difference between handgun and weapons charge

What is the name of your state? SOuth Carolina

My son was arrested with a gun charge. He wants to plea down to a weapons charge. The SC penalty for a handgun states: A person violating the provisions of Section 16-23-20 is guilty of a misdemeanor and upon conviction must be fined not more than one thousand dollars or imprisoned not more than one year of both. This relates to a handgun. Further down in section 16-23-405 the definition of weapon is given. In this definition they include "weapon means firearm(rifle, shotgun pistol or similar device that proppels a projectile through the energy of an explosive, a knife with a blade over two inches long, 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."

Section 16-23-460 gives the penalty for a weapons charge. "Any person carrying a deadly weapon...concealed about his person is guilty of a misdemeanor......and must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not less than thirty days nor more than ninety days."

I am confused by the distinction between a handgun and a weapon charge since in the definition of weapon it lists as a subclass of weapon "firearm".

My question is: What is the difference, who decided whether the person is charged with a headgun or a weapon and during plea bargaining, can a hangun charge be reduced to a weapons charge which carries a lower fine and penalty.

Thank you for this clarification.What is the name of your state?

There is a difference in the statute other than the weapon vs. handgun issue.

-20 covers carrying a handgun concealed or not.

-460 covers concealed weapons

Obviously, handguns are thought by the legislature to merit more stringent rules and stiffer penalties.

The prosecutor probably does have the discretion (as does the judge) to charge a handgun violator under -460 instead, I suppose.

Is there anyone else who can help me with this?

I am confused by the distinction between a handgun charge and a weapon charge since in the definition of weapon it lists as a subclass of weapon "firearm".

Thank you.

SECTION 16-23-10. Definitions.

When used in this article:

(1) "Handgun" means any firearm designed to expel a projectile and designed to be fired from the hand, but shall not include any firearm generally recognized or classified as an antique, curiosity, or collector's item, or any that does not fire fixed cartridges.
***
SECTION 16-23-405. Definition of "weapon"; confiscation and disposition of weapons used in commission or in furtherance of crime.

(1) 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 knife with a blade over two inches long, 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.

The 2nd section clearly defines firearm, and a handgun is not part of that definition.

Is it possible that a handgun could fall into this category:

or similar device that propels a projectile through the energy of an explosive)

JeanM said:

Is it possible that a handgun could fall into this category:

or similar device that propels a projectile through the energy of an explosive)

Click to expand...

Well, it could, but since there is a specific reference to handgun in the law books, THAT is the one that it falls under.

Huh? The rule is pretty clear to me...handguns fit the definition of weapon (specifically firearm) with the exception that the antique, etc.. are excluded.

I feel that there's a lot of semantics here. According to the American Heritage Dictionary a handgun is defined as: A firearm that can be used with one hand: a pistol

They define pistol as: A firearm designed to be held and fired with one hand.

I don't mean to be difficult here, but I truly don't see the difference. I'm just curious at this point because I know that the DA or courts will interpret this as they want to.

JeanM said:

I feel that there's a lot of semantics here. According to the American Heritage Dictionary a handgun is defined as: A firearm that can be used with one hand: a pistol

They define pistol as: A firearm designed to be held and fired with one hand.

I don't mean to be difficult here, but I truly don't see the difference. I'm just curious at this point because I know that the DA or courts will interpret this as they want to.

Click to expand...

That disctionary doesn't define how the law is written. What I would called rape, is called different things in different states. My definition does not make a damn bit of difference in the law.

moburkes said:

That disctionary doesn't define how the law is written. What I would called rape, is called different things in different states. My definition does not make a damn bit of difference in the law.

Click to expand...

Moburkes,

I wasn't questioning how the law is written but rather trying to point out that it appears that a handgun is a broad category and encompasses many specific types, like a pistol, revolver, etc.

Thanks to everyone for their thoughts.