While state law generally protects the right to bear arms, certain conduct involving firearms can bring significant criminal consequences that last many years. Some of these offenses involve the possession or sale of a firearm in conjunction with some other criminal offense. If you face arrest on a gun-related charge, see to it that a dedicated criminal defense attorney reviews your case. The criminal justice system can be difficult to navigate alone, even for those who have been arrested before. For first-time offenders, a McDonough gun lawyer could play a significant role in fighting these charges.
State law covers an array of firearm-related conduct. Some statutes outlaw specific types of guns, while others prohibit carrying otherwise legal weapons in certain places. There are also statutes that prohibit the possession of a firearm by specific individuals. A lawyer in McDonough could advise their clients on the potential gun charges they could be facing.
Certain weapons are outlawed entirely. Often, these weapons include some sort of modification that renders a firearm more dangerous or harder to detect. Possession of any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer is illegal under state law unless possessed in strict accordance with the National Firearms Act, 26 U.S.C. Sections 5841-5862. These weapons and others require specific licenses or permission to possess.
Not all people enjoy access to firearms. Most people who have been convicted of a felony may not own or possess a gun. The penalty for possessing a firearm depends on the type of underlying criminal conviction. The only exception to this prohibition is obtaining a pardon from the governor, and the pardon must make specific mention of the restoration of gun rights.
Additionally, there are limitations on minors under the age of 18 from owning certain firearms. Minors may not possess a handgun except under limited circumstances, including training at a shooting range or with the permission of the parents or grandparents.
In some cases, it is unlawful to carry an otherwise legal firearm in particular places. For instance, it is illegal to carry guns in jails, prisons, and courthouses. It is also unlawful to carry a firearm in places of worship without receiving prior permission from the church.
In some cases, the right to carry a firearm will depend on whether a person is licensed to do so. For example, it is possible to carry a concealed handgun on some college campuses with the appropriate license.
Depending on the allegations against the accused and the facts of their arrest, there could be a number of potential defenses to a gun crime. When the government alleges a person has unlawful possession of a firearm, viable defenses could involve proof that they either had the right to do so or were never in possession of the weapon in the first place.
The strongest defense available in many gun cases involves the defendant’s constitutional rights. When the police unlawfully search an individual and seize their firearms, it could invalidate much of the evidence the government intends to use at trial. It is possible that an illegal search or seizure could lead to the dismissal of criminal charges. A firearm defense attorney in McDonough could help someone build a defense that best suits a specific case.
When you contact a McDonough gun lawyer, you could immediately begin developing a defense strategy with their help. Aggressive pursuit of your defense options could increase the chances of a positive outcome in your case. It is not uncommon for skilled legal counsel to negotiate a favorable plea, obtain a dismissal, or win an acquittal on a gun charge case. Call today to learn more about how our dedicated team could help.