Gun Possession, Sales & Licensing Charges

Understanding Gun Possession, Sales, and Licensing Charges

Common Gun Possession Charges

There are a variety of potential charges related to the unlawful possession of a firearm. The exact laws and penalties can vary significantly between states and local jurisdictions. Some of the most common gun possession offenses include:

• Illegal Possession of a Firearm – It is generally illegal across the U.S. for certain categories of individuals to possess firearms, including felons, those convicted of domestic violence offenses, those with active restraining orders against them, fugitives, drug users, and non-citizens such as illegal immigrants. Penalties often include steep fines and years in prison.
• Possession of an Unregistered Firearm – Most areas require handguns to be registered with local law enforcement. Possessing an unregistered handgun may result in misdemeanor or felony charges.
• Carrying a Concealed Weapon Without a Permit – Many states require permits to carry concealed handguns in public places. Carrying without a valid permit often brings misdemeanor charges.
• Possession of a Firearm in a School Zone – There are generally enhanced penalties for possessing firearms near schools, colleges, churches and other sensitive locations.
• Possession of an Automatic Weapon – Automatic weapons, sawed-off shotguns and certain military-grade hardware are heavily restricted. Possessing them can lead to felony charges.

Penalties

The penalties for unlawful gun possession charges can include hefty fines, probation, and years behind bars. Penalties tend to escalate based on the type of weapon, the defendant’s criminal history, and other circumstance. Any gun possession conviction may also result in the permanent loss of gun ownership rights.

Common Illegal Gun Sales Violations

Selling guns unlawfully can also lead to criminal charges including:

• Unlicensed Gun Dealing – Those “engaged in the business” of buying and selling firearms need a Federal Firearms License (FFL). Selling guns regularly without an FFL is illegal.
• Private Sales Violations – Federal law sets guidelines around private gun sales and transfers. Failure to follow protocols like background checks can be prosecuted.
• Straw Purchases – Buying guns on behalf of someone legally prohibited from purchasing them brings felony charges with up to 10 years in prison.
• Gun Trafficking – Smuggling firearms across jurisdictions with varying gun laws is a serious federal crime.

Penalties

Much like with possession cases, penalties vary based on the specific circumstances. Generally, illegal sales bring fines in excess of $250,000 and years behind bars. Any conviction also forfeits future gun ownership rights.

Common Gun License Issues

Individuals acquiring or carrying certain firearms generally need to go through licensing and registration processes. There are criminal penalties associated with violations of these protocols:

• Carrying With a Revoked or Suspended License – Gun owners need to promptly surrender licenses and permits that have expired or been revoked. Failure to do so leads to illegal carry charges.
• License Fraud – Penalties can apply for falsifying information on gun license applications, failing to disclose disqualifying factors, and borrowing another person’s gun credentials.
• License Renewal Failures – Allowing gun credentials like concealed carry permits to lapse brings penalties in some states.
• Unsafe Storage – Permit holders can face charges if they fail to take sufficient precautions to keep guns away from children and restricted persons.

Penalties

Much like other gun crimes, penalties for licensing issues vary between states but may include fines, probation, license revocation, and even jail time in serious cases involving fraud and negligence.

Defending Against Gun Crime Charges

Gun charges should always be addressed swiftly and aggressively by an experienced criminal defense attorney. An attorney can evaluate the specifics of your case and help formulate an appropriate defense. There are often important pretrial motions than can be filed to protect rights or seek evidence and information.

Finding a Qualified Gun Crimes Lawyer

Gun laws can be complex. Not all criminal defense attorneys have specific expertise dealing with firearm violations. When choosing legal representation, consider attorneys with extensive experience handling local gun cases. Be sure to ask about the lawyer’s track record getting gun charges reduced or dismissed pretrial.

Don’t hesitate to compare multiple attorneys and law firms. Most offer free case evaluations, so take advantage to find the best legal help for your specific situation. Time is of the essence following any gun-related arrest.