Possession of an Illegal or Prohibited Weapon

Possession of an Illegal or Prohibited Weapon

Hey there! So you got caught with something you shouldn’t have, huh? We’ve all been there. Let’s talk about what “illegal possession of a weapon” actually means so you know what you’re facing.

First off, there are federal laws and state laws that prohibit certain weapons. The federal Gun Control Act makes it illegal for some people to have any kind of gun, like felons, domestic abusers, or folks with mental health issues. States have their own rules too about what weapons are prohibited – switchblades, brass knuckles, nunchucks, you name it. If it seems dangerous or scary, it’s probably banned somewhere.

Now “possession” doesn’t just mean you have to be holding the weapon or have it on your person. If that prohibited item is found anywhere in your home, car, backpack, whatever – you’re considered “in possession.” Even if you swear it’s not yours! It’s a strict liability thing.

There are some exceptions though. You can possess prohibited weapons at like a museum or if you have a special license. And there are rules about transporting guns that aren’t yours, or antiques, or unloaded hunting rifles…but that stuff can get really complicated really fast. If you think you might qualify for an exception, talk to a lawyer.

Let’s break down the different types of criminal possession charges you could be facing:

Simple Possession:

Just having or owning something illegal, even if it’s at your home and totally secured. This is the most common type. Prohibited weapons like machine guns, sawed-off shotguns, bombs – you can’t have them at all.

Concealed Carry:

If you have a handgun or other weapon hidden on your person or in your car without a permit. Even if you have a license to own that gun, concealing it is often a separate crime!

Open Carry:

Some states make it illegal to carry weapons “in plain sight” even if you aren’t actively concealing them. Brandishing guns in public is not allowed.

On Person:

The most severe possession charge is having a prohibited weapon actually on your person, especially in public. This shows intent to potentially use it. Not good in the eyes of the law!

Penalties really vary based on the specific charges and your criminal record. If it’s your first offense simple possession of something prohibited but relatively minor like brass knuckles, you may just get probation or community service. The more dangerous the weapon and the more intent to conceal or use it you showed, the harsher the punishment will be.

Prior felonies or gun charges? That ratchets everything up. You could be looking at years behind bars if you’re caught carrying concealed firearms as a convicted felon. Not to mention fines, probation, losing gun rights forever…it’s bad news.

But here’s the thing – the specifics really matter! There are so many technicalities around gun laws and weapons charges, especially the exceptions I mentioned. That’s why you need an experienced criminal defense attorney in your corner.

Don’t just plead guilty and accept what the prosecutor offers. A good lawyer will thoroughly examine the details of your case and build the strongest defense. Maybe the search that turned up the weapon was illegal. Maybe it wasn’t actually yours. Who knows – but a skilled attorney will find ways to get charges reduced or dismissed if possible.

I don’t need to tell you that weapons charges follow you forever. They affect your job prospects, immigration status, housing, everything. So fight them! Get an aggressive lawyer and beat these charges so you can move on with your life.

Public defenders are slammed with cases and can’t give you the one-on-one attention your defense deserves. But a private attorney focuses solely on you. I know good representation costs money, but it’s worth taking out a loan or asking family for help. It’s your freedom and your future on the line.

In the meantime, don’t talk to police or investigators about your case without your lawyer present. Don’t post about it on social media either. Keep quiet and let your attorney handle things. They’ll tell you if taking a plea deal makes sense or if going to trial is your best bet. Trust their expertise!

You’re going to get through this. Everybody makes mistakes, especially when they’re young. What matters most now is how you respond, so make the smartest choices you can. You got this! And feel free to reach out if you have any other questions about illegal weapons charges. I’m happy to help however I can.