Firearms and Weapons Offenses Overview

Firearms and Weapons Offenses: An Overview

Firearms and weapons offenses are serious criminal charges that often carry severe penalties. In the U.S., these offenses are typically prosecuted under both federal and state law, depending on the specific circumstances of the crime.

California criminal defense attorney Nate Crowley is skilled at both the state and federal levels for handling these cases.

Here’s an overview of some common types of firearms and weapons offenses:

1. Unlawful Possession of a Firearm
   • Many laws regulate who can possess firearms. Convicted felons, individuals with certain mental health conditions, and minors, for example, are generally prohibited from possessing firearms under federal and state laws.
   • The federal statute 18 U.S.C. § 922(g) makes it illegal for certain individuals, like felons and those with restraining orders related to domestic violence, to possess a firearm. Violating these restrictions can lead to significant penalties, including federal prison time.
2. Illegal Sale or Transfer of Firearms
   • Selling, trading, or transferring firearms without proper licensing, or to someone who is not legally permitted to own one, is illegal. Federal law, particularly the Gun Control Act, requires certain checks and balances, like background checks for licensed firearm sales. States often add additional requirements or restrictions.
3. Possession of Unregistered or Prohibited Weapons
   • Federal law, under the National Firearms Act (NFA), requires specific weapons, like short-barreled shotguns, machine guns, and silencers, to be registered. Possession of unregistered weapons in these categories is illegal.
   • Some states also ban certain types of firearms and accessories, like high-capacity magazines or assault weapons.
4. Possession of a Firearm in a Prohibited Location
   • Many laws restrict firearm possession in sensitive locations, like schools, government buildings, and certain businesses. Violating these laws often results in severe penalties, especially if the offense occurs near a school or government property.
5. Use of a Firearm in the Commission of a Crime
   • Committing a crime, such as robbery or assault, while possessing or brandishing a firearm usually results in more severe penalties. For example, under 18 U.S.C. § 924(c), using or carrying a firearm during a federal crime of violence or drug trafficking offense carries additional mandatory penalties, which increase for repeat offenses or if certain types of firearms are used.
6. Carrying a Concealed Firearm Without a Permit
   • Many states require permits to carry a concealed firearm, and carrying without a permit is a crime in many jurisdictions. Penalties vary by state, with some jurisdictions treating it as a misdemeanor for first offenses, while others impose felony charges.
7. Assault with a Deadly Weapon
   • Assaulting or attempting to harm someone with a firearm or other deadly weapon (like a knife) is often charged as aggravated assault. Such charges typically carry harsh sentences and are considered violent offenses, often resulting in mandatory prison time if convicted.

Legal Defense Firearm and Weapons Cases

Defenses to firearms charges depend on the circumstances but might include:

• Constitutional violations, such as unlawful search and seizure under the Fourth Amendment.
• Self-Defense: If the firearm was used to protect oneself from imminent harm.
• Lack of knowledge: applies to cases where a person did not know they were in possession of a firearm (though this is often difficult to prove).
• Licensing and permits: producing the required permits for carrying or possessing the weapon.

Firearm and weapons offenses are taken very seriously, with a strong emphasis on public safety. Convictions often lead to long-term consequences, including loss of gun rights, fines, and imprisonment.

Defenses that criminal defense lawyer Nate Crowley may use against firearms chargescan include constitutional violations, valid permits, or self-defence claims. Nate Crowley is your go-to for a criminal defense lawyer who knows California firearm and weapons laws well.

Use of a Firearm to Commit an Offense in California

In California, using a firearm during the commission of a crime significantly elevates the severity of charges and potential penalties. California Penal Code Sections 12022 and 12022.5 impose additional prison terms for offenses involving firearms, with enhancements that can add years to a sentence depending on the firearm’s use. For example, brandishing a firearm during a felony can lead to a three to ten-year sentence enhancement, while firing a weapon may result in even longer sentences.

In cases involving serious crimes, such as robbery or assault, firearm use can escalate the charge to “aggravated” or “enhanced” levels, substantially increasing penalties.

The defense strategies deployed by San Diego California lawyer Nate Crowley often focus on challenging whether the firearm was used or whether the defendant had intent to use it in furtherance of the crime. Proving that the weapon was inoperable, legally possessed, or not intended for intimidation may help mitigate these enhanced penalties.

Want to Know More About? Consult Federal Criminal Defense Attorney Nate Crowley.

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