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Brunson v. Stewart4/30/2001
Appeal From Richland County Costa M. Pleicones, Circuit Court Judge
Submitted April 2, 2001
AFFIRMED
James R. Brunson brought this declaratory judgment action against Chief Robert Stewart in his official capacity as Director of the South Carolina Law Enforcement Division (SLED). Brunson sought an order declaring that his right to purchase, own, and possess a firearm was restored when he received a pardon of his conviction of a crime of violence. The circuit court judge determined that a conviction for a crime of violence does not serve as an impediment to gun ownership if the conviction has been pardoned, and reversed SLED's decision to deny Brunson's application for the purchase of a pistol. SLED appeals. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
In 1984, Brunson was convicted of criminal sexual conduct with a minor, in violation of S.C. Code Ann. § 16-3-655 (1985). He was sentenced to twenty years imprisonment suspended upon service of six years, with five years probation. On November 19, 1991, the South Carolina Department of Probation, Parole, and Pardon Services pardoned Brunson for the conviction.
On August 19, 1996, Brunson attempted to purchase a .25 caliber pistol at a gun store in Aiken, South Carolina. He completed an application for the purchase of a pistol in accordance with S.C. Code Ann. § 23-31-140 (1976). The Firearms Transaction Center at SLED received a telephone call from the gun store, checked Brunson's criminal record, and denied Brunson's application to purchase the pistol on the ground that, having been convicted of a violent crime, he was legally prohibited from possessing a handgun pursuant to S.C. Code Ann. § 16-23-30 (1985). Thereafter, Brunson brought this action. By order dated March 13, 2000, the circuit court reversed SLED's decision to deny Brunson's application. This appeal followed.
LAW/ANALYSIS
On appeal, SLED argues the trial court erred in finding that any impediment to Brunson's right to possess a firearm, resulting from his conviction of a violent crime, was removed by his receipt of a pardon for that crime. We disagree.
South Carolina Code Ann. § 16-1-60 (Supp. 2000) includes the offense of second degree criminal sexual conduct with a minor among those crimes statutorily defined as violent. Section 16-23-30 prohibits the sale or delivery of a pistol to and possession of a pistol by certain persons including, but not limited to, any person who has been convicted of a crime of violence. § 16-23-30 (1985). As defined in S.C. Code Ann. § 24-21-940(A) (1989), "' ardon' means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty or whatever else the law has provided." See also S.C. Code Ann. § 24-21-930 (Supp. 2000) ("An order of pardon must be signed by at least two-thirds of the members of the [Probation, Parole, and Pardon Services Board]. Upon the issue of the order by the board, the director, or one lawfully acting for him, must issue a pardon order which provides for the restoration of the pardon applicant's civil rights."). South Carolina Code Ann. § 24-21-990 (Supp. 2000) provides:
A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:
(1) register to vote;
(2) vote;
(3) serve on a jury;
(4) hold public office, except as provided in Section 16-13-210;
(5) testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by R
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