Westchester County Gun Crimes Lawyers
If you are charged with a gun crime, you could face serious consequences. Although the Second Amendment of the Constitution of the United States states that individuals have the right to bear arms, there are gun control laws, which include obtaining a license to carry a weapon, that must be upheld.
The requirement for properly receiving and maintaining a license to own and carry a weapon, such as a rifle, hand gun, or other gun, can be complex. Even if no crime has been committed, an individual could still be shared with illegally possessing a gun if he or she is violates any gun control requirements.
If you contact an experienced gun crime defense attorney, he or she can make certain that your right to bear arms is protected. In addition, an attorney with experience handling gun crime cases understands what needs to be done for the best possible outcome.
What is the Legal Definition of a Firearm?
According to 18 USC 921(3), any weapon, which may include a starter gun, that will release a projectile with the use of explosives is considered a firearm. In addition, this may include a silencer, destructive objects, a firearm muffler, or the frame of a gun. However, this does not include antique firearms or black gun powder.
What are the Federal Gun Laws?
Federal laws regarding firearms state that possession of a gun or ammunition by an individual without a license could result in a prison sentence up to 10 years, and a 15 year prison sentence for those whom had three prior convictions or violated their parole, according to 18 USC 922(g) & (n).
In addition, 18 USC 922(d) states that any individual who intentionally sold or gave a gun or ammunition to another individual illegally could receive a 10 year prison sentence.
Some gun charges may include:
Trafficking of firearms;
Voilent crimes that involved the discharge or use of a firearm;
Fraudulent actions that resulted in getting a permit to possess a firearm;
Illegal import or export of firearms.
It is also against the law to:
Change a semi-automatic weapon to an automatic weapon;
Enter any federal building with a concealed firearm;
Carry a firearm on a commercial airliner.
In addition, the following individuals are not allowed to own a firearm as stated in 12 USC Section 922 Federal Weapons Violations:
Individuals who are fugitives of the law;
Those who are convicted of a felony that resulted in a prison sentence of at least one year;
Any illegal aliens;
Individuals who are foreign nationals without United States citizenship;
Individuals who were issued with a protection order against them, which includes harassment or stalking;
Individuals who have a domestic violence convictions.
Why You Need a Gun Crime Defense Attorney?
Not only will an experienced gun crime attorney ensure that your rights are protected, he or she can also help you develop a defense strategy. The prosecution must prove beyond a reasonable doubt every element that contributes to the reason for the charge.
One defense to a gun charge would be if an illegal search and seizure resulted in the finding of the gun. For example, when a gun was discovered by a law enforcement official inside your vehicle, an attorney can determine if the officer had probable cause to make the stop and search the vehicle. If the police officer conducted an illegal search and seizure, it could lead to a dismissal of the case.
If you are facing a gun crime conviction, don’t delay! The best way to ensure that your Second Amendment rights are protected is to contact a skilled criminal defense attorney as soon as possible. A gun crime conviction can not only lead to a prison sentence, it can also have lasting consequences that could influence your ability to gain employment and more. Gun crime prosecutions can be complicated, which is why it is imperative to seek help immediately.