Order Of State Firearms Prohibition-DV-2nd Degree {SCCA-770}

) ) COUNTY OF ) ) THE STATE OF SOUTH CAROLINA ) ) ) vs. ) ) ) Defendant. ) STATE OF SOUTH CAROLINA IN THE COURT OF GENERAL SESSIONS ORDER OF STATE FIREARMS PROHIBITION PURSUANT TO SC CODE §16-25-30 Warrant/Indictment No.: I find that the defendant named hereinabove was convicted of SC Code §16-25-20(C), Domestic Violence in the Second Degree, on this date, ___________________________. The court finds: The defendant caused moderate bodily injury to their own household member; or The defendant has been convicted of domestic violence in another state, tribe, or territory containing among its elements those elements enumerated in SC Code §16-25-20(C) and the defendant caused moderate bodily injury to their own household member. The defendant was represented by counsel. The defendant knowingly and intelligently waived the right to counsel. The defendant was tried by a jury. The defendant knowingly and intelligently waived the right to have the case tried by a jury by pleading guilty or otherwise. IT IS ORDERED that, pursuant to SC Code §16-25-30, the defendant is prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition. This prohibition shall apply for three years from the date of conviction or for three years from the date the person is released from confinement for the conviction, whichever is later. Following this period of time, if the person has not been convicted of any other domestic violence offenses pursuant to Chapter 25, Title 16 or similar offenses in another jurisdiction, no domestic violence charges are currently pending against the person, and the person is not otherwise prohibited from shipping, transporting, receiving, or possessing a firearm or ammunition pursuant to any other State law, the person's right to ship, transport, receive, or possess a firearm or ammunition shall be restored. If the person requests in writing to the South Carolina Law Enforcement Division, SLED shall notify the National Instant Criminal Background Check System that the State has restored the person's right to ship, transport, receive, or possess a firearm or ammunition, and shall request immediate removal of the person's name to whom the restrictions contained in this Order apply. A person who violates this prohibition is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than three years, or both. This Order shall be provided to the defendant and forwarded to the State Law Enforcement Division. IT IS SO ORDERED. _______________________________________ Judge Date: _______________________________ SCCA/770 American LegalNet, Inc. www.FormsWorkFlow.com