Gun Crimes Small Firm. Big Practice.

Gun Charges Defense Attorney in Charleston

State & Federal Firearms Defense for Charleston, SC Clients

A gun charge in South Carolina can follow two very different legal tracks depending on how a case is charged. State charges are heard in General Sessions Court; federal charges land in U.S. District Court, often after an investigation involving the FBI or ATF. At Thurmond Kirchner & Timbes, P.A., we defend clients on both tracks, so you don’t need to find a different firm if your case moves to federal court.

Founded in 2005 by Paul Thurmond, Jesse Kirchner, and Michael Timbes, our firm has grown to 14 attorneys serving clients throughout Charleston and surrounding communities, including Mount Pleasant, North Charleston, Goose Creek, and Summerville. Our practice covers the full range of criminal defense, from misdemeanor weapons violations to serious felony and federal firearm charges.

If you’ve been arrested on a gun charge or contacted by investigators, call us today at (843) 790-0083. We offer free consultations and can walk you through your options before you make any decisions about your case.

South Carolina’s 2024 Constitutional Carry Law

On March 7, 2024, Governor Henry McMaster signed the Constitutional Carry/Second Amendment Preservation Act (H.3594), making South Carolina a permitless carry state. Adults 18 and older who are legally eligible to possess a firearm can now carry a handgun openly or concealed without obtaining a concealed weapon permit (CWP) or completing any training requirement.

The voluntary CWP program still exists through SLED and carries practical benefits, including reciprocity with other states that recognize South Carolina permits. For in-state carry, though, a permit is no longer required.

Despite the expanded carry rights, firearms remain prohibited in specific locations regardless of permit status:

Law enforcement, correctional, and detention facilities
Courthouses and courtrooms
Schools and licensed daycares
Polling places on election days
Hospitals and medical clinics
Certain government meeting places
Privately owned buildings that post notice prohibiting firearms

Carrying in any of these locations can still result in a criminal charge. Constitutional carry changed the default rule for public carry; it didn’t eliminate gun charges entirely.

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Contact Thurmond Kirchner & Timbes, P.A. Today

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Opinions From Those Who Matter Most

"I cannot recommend them highly enough."
I had the pleasure of working with Thurmond Kirchner & Timbes, P.A. and I cannot recommend them enough. From the moment I walked into their office, their professionalism and expertise were evident. Every attorney and staff member I interacted with was knowledgeable and genuinely dedicated to achieving the best outcome. Their meticulous attention to detail and strategic approach set them apart.

- James S.
"I can't thank them enough for being by my side."
The TKT lawyers and paralegals are top-notch when it comes to legal representation. They are thorough, professional, and do not stop until the obtain the best outcome for your situation. They always ensure you understand what is going on and never leave you in the dark. The team is understanding and makes sure you never face the legal system alone. I can't thank them enough for being by my side.

- Timothy C.
"The firm has your back 100% of the time."
Thurmond Kirchner & Timbes, P.A. has helped with all of our legal issues. You are always in expert hands and the firm has your back 100% of the time. Highly recommend their expertise for any legal needs.

- Maria J.
"Qualified Attorney With High Character and Integrity"
Chris Romeo (and his team) exceeded my expectations when handling an auto accident case for me.

- J.W.
"Masterful Results"
No one thinks of litigation as fun, however, in my own complicated case, I can tell you Jesse Kirchner not only made it "fun" but actually, interesting.

- L.H.
"They Work Hard & Get The Job Done For You!"
We are very pleased with Christopher Romeo and his Paralegal April Warford. They work hard to get the job done for you.

- A.E.
"I Was Never Once Judged"
Mr. Thurman and his staff were very professional and efficient. They worked hard to get my case dismissed.

- C.P.

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State & Federal Gun Charges We Defend in Charleston

South Carolina State Charges

We represent clients facing a range of state gun and weapons charges in Charleston-area courts. South Carolina law bars specific categories of people from possessing a handgun under S.C. Code § 16-23-30, including anyone convicted of a violent crime, fugitives from justice, habitual drunkards or drug addicts, individuals adjudicated mentally incompetent, and anyone under 18.

Penalties for unlawful carrying under S.C. Code § 16-23-50 escalate with each offense, moving from a misdemeanor on a first or second offense to a felony punishable by up to five years in prison for a third or subsequent conviction. Unlawful possession by a prohibited person is a separate felony under this section, punishable by up to five years starting with the first offense. Two additional charges carry serious exposure on their own:

Presenting or pointing a firearm at another person, loaded or unloaded, is a felony under S.C. Code § 16-23-410, punishable by up to five years.
Firearm possession during a violent crime as defined under S.C. Code § 16-1-60 can add a five-year sentence under S.C. Code § 16-23-490, which the court may order to run consecutively or concurrently with the sentence for the underlying crime.

Federal Firearm Charges

Federal gun charges are prosecuted in U.S. District Court and often carry mandatory minimum sentences that leave little room for negotiation without a strong defense. We represent clients facing federal firearm charges alongside state accusations.

Felon in possession under 18 U.S.C. § 922(g) prohibits felons and other prohibited persons from possessing firearms or ammunition. Following the Bipartisan Safer Communities Act, a conviction now carries up to 15 years in federal prison.
Armed Career Criminal Act enhancements apply when a person has three or more qualifying prior convictions, triggering a 15-year mandatory minimum on a § 922(g) charge.
Firearm in furtherance of drug trafficking under 18 U.S.C. § 924(c) carries a mandatory minimum of five years, served consecutively to any other sentence imposed.

Defense Strategies for Gun & Weapons Charges

No two gun cases are identical. The defenses available depend on how the firearm was discovered, what charges are filed, and the client’s history. Several strategies come up regularly in both state and federal firearms defense.

Challenging the Search or Seizure
Many gun charges follow a traffic stop or a search of a home or vehicle. If law enforcement lacked a valid warrant or a recognized exception to the warrant requirement, evidence obtained through that search can potentially be suppressed. Suppressed evidence can significantly weaken or eliminate the prosecution’s case.

Vehicle Storage Exceptions
Since the 2024 Constitutional Carry Act, South Carolina law allows a person who isn’t otherwise prohibited from carrying a firearm to store it anywhere in a vehicle, whether occupied or unoccupied. A charge that rests on firearm discovery during a vehicle stop may not hold up if the weapon was lawfully stored under this provision.

Knowledge Requirements in Federal Cases
The U.S. Supreme Court’s decision in Rehaif v. United States established that federal prosecutors must prove a defendant charged under § 922(g) knew both that they possessed a firearm and that they fell into a prohibited category. This knowledge element can be contested and is often a meaningful issue in felon-in-possession cases.

Expungement of Prior Convictions
South Carolina law allows expungement of certain unlawful handgun possession convictions that occurred before the 2024 Constitutional Carry Act took effect. Applications must be filed within five years of the law’s enactment. Clearing a prior record can matter significantly if new charges are filed.

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Why Choose us?

Knowledge. Experience. Results.

12 Attorneys on Staff

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We Educate Our Clients on the Legal Process With Its Inherent Risks & Rewards
Our Firm Develops a Unique Strategy for Each Case
We Are Boutique Firm With Large Firm Experience & Reputation
Each Client Receives Transparent Communication & Personalized Attention
Your Initial Consultation Is Free & Confidential

What Founding Attorney Paul Thurmond Brings to Your Defense

Founding attorney Paul Thurmond spent time as both a prosecutor and a judge before focusing on criminal defense. That background shapes how we approach every gun charge case: We understand how prosecutors build their cases and what arguments tend to move the needle in the courtroom.

Our entire team is committed to open, transparent communication. Clients are kept informed at each stage, involved in decisions about their case, and not left wondering what comes next. That’s the standard we hold ourselves to with every client we represent.

What Happens After a Gun Charge Arrest in Charleston

Where your case is heard depends on how it’s charged. State gun and weapons charges in the Charleston area go through the county Court of General Sessions. Federal firearm charges are heard in U.S. District Court for the District of South Carolina, and federal cases typically begin with a more extensive investigation process, often including a grand jury indictment, before charges are formally filed.

Gun charges are frequently filed alongside other accusations. A drug arrest may produce a § 924(c) charge if a firearm was present. A violent crime allegation may add a § 16-23-490 enhancement. Those combinations matter because they affect which mandatory minimums apply, how the prosecution prioritizes the case, and what leverage exists during negotiations. Understanding the full charge picture from the start is part of how we build a defense.

Start with a Free Consultation

If you or someone you care about is facing a gun charge in the Charleston, SC area, don’t wait to get legal guidance. Acting quickly after an arrest or contact from investigators can affect what options remain available. We offer free consultations to evaluate the facts of your situation and discuss a path forward.

Call Thurmond Kirchner & Timbes, P.A. at (843) 790-0083 to schedule your free consultation today.

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