Illegal Firearms

Illegal Firearms Possession

Illegal firearm possession charges are a serious matter, often resulting in significant penalties. The legal defenses against these charges vary based on the type of possession, jurisdiction, and circumstances of the alleged offense. Charges of illegal firearm possession may arise in cases involving unlicensed weapons, possession of a firearm by a prohibited individual (such as a convicted felon), or possession in prohibited places.

Types of Illegal Firearm Possession

1. Possession Without a Permit or License: Many jurisdictions require a permit or license to carry a firearm, whether concealed or openly. If an individual is found in possession without proper documentation, they may be charged with unlawful possession.
2. Possession by a Prohibited Person: Federal and state laws prohibit certain individuals, such as convicted felons, those with restraining orders, or individuals with specific mental health diagnoses, from owning or possessing firearms. Possession in these cases is considered illegal regardless of licensing.
3. Possession in Restricted Areas: Certain places, including schools, government buildings, and airports, prohibit firearms. Possession of a weapon in these locations can lead to criminal charges.

While illegal firearm possession charges are severe, a well-prepared defense from federal criminal defense lawyer Nate Crowley can lead to reduced or dismissed charges in some circumstances.

Penalties

Penalties for illegal firearm possession vary widely. They may include probation, fines, mandatory gun safety classes, or incarceration. Penalties typically increase for repeat offenders or cases involving aggravating factors, such as firearms used in the commission of a crime. Federal penalties, for instance, may lead to up to 10 years in prison, with additional enhancements for prior convictions.

Defense Strategies

Effective defense against illegal firearm possession depends on the case’s specifics. Common defenses include:

1. Unlawful Search and Seizure: If law enforcement obtained the firearm without a valid warrant or probable cause, the evidence may be excluded under the Fourth Amendment.
2. Lack of Knowledge: In certain cases, the defendant may not have known about the firearm’s presence, such as in cases involving shared vehicles or homes.
3. Mistaken Identity or Ownership: Establishing that the firearm did not belong to the defendant, especially in shared spaces, can form a viable defense.

Defense strategies for criminal defense lawyer Nate Crowley include challenging the legality of the search and seizure, arguing lack of knowledge or ownership, or demonstrating that the firearm was possessed legally under California law.

Illegal Firearm Possession in California

In California, illegal firearm possession is treated as a serious offense due to the state’s strict gun laws. The types of illegal possession include owning or carrying a firearm without a valid permit, possessing an unregistered firearm, and possession by individuals prohibited from having firearms, such as convicted felons or individuals with certain gun violence restraining orders (GVROs). California also restricts certain weapons like assault rifles and large-capacity magazines.

Penalties vary depending on the type and circumstances of possession. Misdemeanor charges for first-time offenders may result in up to one year in county jail, while felony charges could lead to several years in state prison. Factors like prior convictions or possession in restricted areas, such as schools, can increase penalties.

Charged With Criminal Illegal Firearms Possession? Contact Federal Criminal Defense Attorney Nate Crowley.

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