A weapon charge is more serious than most people think especially if it is in conjunction with another federal crime. This will likely mean mandatory jail time or a substantial amount of time added to your sentence, even if the weapon is properly registered.
Weapon charges are insistently pursued by Federal law officials and may qualify as felony or serious misdemeanor offenses and can result in serious criminal penalties (large fines and prison time).
The legal penalties for a weapon charge depends on a number of factors such as prior criminal history, the type of weapon in possession, whether the weapon was used during the commission of a crime, and whether bodily injury was caused in connection with the charge.
Most common weapon charge is possession of a firearm. Federal laws restrict who can own, possess, or sell a gun and those that are not restricted must have their weapon registered to them.
There is an absolute restriction to own or possess a gun if you:
- Were convicted of a crime punishable by being in prison for more than a year
- Are a fugitive from justice
- Are addicted to or illegally use any controlled substance
- Have been ruled mentally defective by the court or have been committed to mental institute
- Are an illegal alien living in the U.S.
- Renounced your U.S. citizenship (if you are a citizen)
- Are subject to a court restraining order involving your intimate partner, your partner’s child, or children
- Were convicted of domestic violence in any court of a misdemeanor
A significant number of illegal weapons possessions charges result from illegal searches and other violations of individual’s rights. A weapons violation can become very complicated and the type and severity of the charges one can face has a connection to personal circumstances (i.e. where you were, whether the gun was loaded, whether it was concealed).
A weapons charge derives not only from a possession/ownership of a firearm but also from items such as stiletto, ballistic knife, switch blade, any double edged bladed knife, a slingshot, brass knuckles, etc.
If you or a loved one is dealing with a weapons violation, it is crucial and imperative that you choose a skilled, experienced, and persistent criminal defense attorney to challenge all the incriminating evidence against you. Call the Hedding Law Firm to discuss your case.