Firearms and other weapons are highly regulated. Some weapons are banned outright, while others are subject to laws which restrict who can possess them, or the circumstances in which they can be possessed. The penalties for violating these laws can vary widely – from misdemeanor charges to lengthy prison sentences. Additionally, the use or possession of a firearm or other weapon can increase the severity of other criminal charges.
Laws regulating guns and other weapons can be complicated. They are frequently the targets of new legislation and court challenges. Gun cases often have nuanced evidentiary issues. Our experienced attorneys can help with every stage of your case.
Both state and federal law make certain people ineligible to possess firearms, or certain types of firearms. This includes people who:
While many of these are permanent, lifetime bans, others only apply for a limited period of time. In some instances, you can apply to have your rights restored.
This list is not exhaustive. If you are unsure whether or not you are prohibited from possessing a firearm, an experienced attorney can analyze your situation and provide a professional opinion – preferably before you purchase or possess the weapon. If you have already been charged, your attorney should carefully review the facts to ensure that you were actually prohibited. In some instances, the government will need to prove both that you were prohibited and that you knew of the facts which resulted in the prohibition. It generally does not need to prove that you knew you were prohibited, though in the right circumstances that could be a mitigating factor for your case.
Many laws restrict who can possess a firearm, or the time, place, or manner in which a firearm can lawfully be possessed. We are frequently asked what this means, and what is included in the term “possession.”
Possession can typically be actual or constructive. Actual possession is usually easy to understand – you possess a weapon if it is in your hand, your pocket, the purse or backpack you are holding, or a holster you are wearing. You do have to know the weapon is there – if someone slipped it into your bag without your knowledge, you may have a defense.
Constructive possession applies when something is not on your person, but you had the ability and intent to exercise control over it. This can occur when the weapon is found in a place under your exclusive control to which other people do not normally have access. It can also occur when it is found in a place whether others do have access to it, but there is evidence that you exercised dominion and control of the weapon. Common examples include a firearm found in your car, in your closet, or in your storage locker.
Possession and ownership are not the same thing. You can possess a weapon that belongs to someone else. Just because you own a weapon, does not mean you possess it at all times. Whether or not you own the firearm could be an important factor, but it is not determinative.
There are a variety of types of evidence which the prosecutor may use to try to prove that a particular person possessed a firearm. These include:
In some cases, investigators may comb through your social media, and in some they obtain warrants to analyze your cell phone. This can result in finding location data, photos, and text messages they believe are relevant to your case.
You do have the right to challenge the evidence against you. If your constitutional rights were obtained in the process of gathering the evidence, it might be suppressed by the court, meaning it could not be used against you.
Furthermore, the evidence – especially forensic evidence – is not always as conclusive as investigators may believe. For example, there are many ways your DNA could end up on a gun even if you never touched it.
Effective defense of your case requires a meticulous review of the evidence, including how it was gathered, what it actually means, and what it doesn’t.
Unlawful possession of a firearm is typically a felony, which means it can carry a prison sentence. Many firearm possession cases charged in state court have a presumptive sentence of 60 months (five years). Sentences in state cases are often described as mandatory minimums, though there are sometimes alternatives.
Gun cases charged in federal court tend to carry even more significant potential penalties. Some of the very most serious involve the Armed Career Criminal Act (ACCA), which provides a minimum sentence of 180 months (15 years) for individuals with certain prior convictions.
Sentencing is just one area in which laws about firearms and other weapons can be severe and complicated. An experienced defense attorney is a must to ensure the best possible outcome for your case.
Generally a permit is required to possess a handgun in a public place. If you do not have a permit, the places you can possess a gun and how you can transport it from one place to another are regulated by statute. Violating these laws is typically a gross misdemeanor.
There are similar restrictions on carrying a rifle, shotgun, or BB gun in public.
It is unlawful to carry a handgun in a public place while under the influence of alcohol or a controlled substance or while having an alcohol concentration of more than 0.04. A violation of this statute is typically a misdemeanor, and a conviction will typically result in forfeiture of the gun and a suspension of your permit to carry.
Unlawful possession of a firearm is typically a felony, which means it can carry a prison sentence. Many firearm possession cases charged in state court have a presumptive sentence of 60 months (five years). Sentences in state cases are often described as mandatory minimums, though there are sometimes alternatives.
Gun cases charged in federal court tend to carry even more significant potential penalties. Some of the very most serious involve the Armed Career Criminal Act (ACCA), which provides a minimum sentence of 180 months (15 years) for individuals with certain prior convictions.
Sentencing is just one area in which laws about firearms and other weapons can be severe and complicated. An experienced defense attorney is a must to ensure the best possible outcome for your case.
Generally a permit is required to possess a handgun in a public place. If you do not have a permit, the places you can possess a gun and how you can transport it from one place to another are regulated by statute. Violating these laws is typically a gross misdemeanor.
There are similar restrictions on carrying a rifle, shotgun, or BB gun in public.
It is unlawful to carry a handgun in a public place while under the influence of alcohol or a controlled substance or while having an alcohol concentration of more than 0.04. A violation of this statute is typically a misdemeanor, and a conviction will typically result in forfeiture of the gun and a suspension of your permit to carry.
The use or possession of a firearm or other weapon while committing another crime can result in increase charges and penalties. This includes cases of:
Having a weapons enhancement can mean that there is a mandatory minimum sentence. An experienced defense attorney can assess whether you have a defense to the weapons enhancement or there is an exception which could prevent the minimum from applying to you.
Police and prosecutors often invest significant resources to investigate and prosecute crimes involving firearms and other weapons. If you are a suspect or a defendant in one of these cases, the best thing you can do to protect yourself is to obtain experienced criminal defense representation as soon as possible.
Whatever the facts or circumstances are, we believe you deserve Straight Talk and Honest Answers.
Contact us today for a free consultation.
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