Expert: Robert P. Firriolo - 6/8/2010

Question
I was convicted of simple position in 1984. Will this prevent me from passing a background check for the purchase of a hand gun? I read that one of the Ineligibility's was "unlawful users of or addicted to a controlled substance". I live in S.C

Answer
I assume you mean "simple possession" and that you were convicted of possession of a controlled substance.

Under federal law, one convicted of misdemeanor possession of a controlled substance is not prohibited from possessing firearms or ammunition. A misdemeanor controlled substance conviction should not cause a denial of a firearm purchase when a NICS background check is run by a federally licensed firearms dealer at the time of sale. Also note that under federal law, an unlawful user of, or one addicted to, any controlled substance is prohibited from possessing firearms or ammunition.

As for South Carolina state law, refer to this summary from the NRA: http://www.nraila.org/statelawpdfs/SCSL.pdf

Also, here is a link to firearm regulations from the SC Law Enforcement Division: http://www.sled.sc.gov/SCStateGunLaws1.aspx?MenuID=CWP#5

Note Section 16-23-30 (A)(1) (Sale or delivery of handgun to and possession by certain persons unlawful): It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any handgun to a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent;

and (B): It is unlawful for a person enumerated in subsection (A) to possess or acquire handguns within this State.

So, as with federal law, a drug addict may not possess a handgun under SC state law. Also, a criminal conviction for possession would not make one prohibited unless it was classified as "a crime of violence" under SC law.

SC law defines "crime of violence" as "murder, manslaughter (except negligent manslaughter arising out of traffic accidents), rape, mayhem, kidnapping, burglary, robbery, housebreaking, assault with intent to kill, commit rape, or rob, assault with a dangerous weapon, or assault with intent to commit any offense punishable by imprisonment for more than one year." Simple possession of a controlled substance does not fall within that definition, so it does not appear that conviction of that crime prohibits one from possessing a handgun in South Carolina.