Weapons Offenses

Weapons offenses are unfortunately all too common in our society today. As lawyers, it is our duty to provide compassionate yet vigorous defense to those accused.

I know many good folks who have found themselves on the wrong side of a weapons charge. Maybe they inherited Grandpa’s old shotgun and didn’t know it needed to be registered. Perhaps they carried a pocket knife for protection after being mugged, not realizing it violated a local ordinance. Or they made an honest mistake on a firearms transaction form.

While we must uphold the law, justice also requires understanding how people end up in these situations through no malicious intent. Prosecutors should exercise discretion, especially for first-time and non-violent offenses. Mandatory minimum sentences often seem disproportionate to the crime.

Of course, there are also times when weapons charges accompany violent crimes or are tools for harmful ends. We can’t paint with too broad a brush. Each case must be judged on its own merits.

Self-defense is a time-honored right. If evidence shows my client acted reasonably to protect himself, his family or his home, then that contextualizes why he possessed a weapon. Other times, dire circumstances like domestic abuse explain the presence of guns, even if unlawful.

Mental health issues are another factor. A person hearing voices or paranoid delusions may arm themselves without criminal intent. Their actions stem from illness, not criminality. So treatment, not prison, serves justice best.

Weapons charges also carry collateral consequences like losing gun rights. That’s reasonable for violent felons, but less so for those convicted of non-violent or misdemeanor offenses. Their livelihoods may depend on hunting or sport shooting.

Young people especially deserve a second chance. Impulsive teenage mistakes shouldn’t ruin the rest of their lives. Expunging juvenile records, pre-trial diversion and deferred sentencing give kids an opportunity to learn and grow.

As lawyers, we have a duty to uphold the law, but also to pursue justice tempered by mercy. This means understanding our clients as human beings, advocating for proportionate punishment and redemption where possible.

The right to bear arms is constitutionally protected. But with rights come responsibilities. Safety training, securing firearms from children, proper permitting and non-violent usage represent civic duties for lawful gun owners.

We should encourage a culture of responsibility, not fear, around firearms. Most gun owners are law-abiding citizens like you and me. They use guns safely for recreation, collecting, or self-defense – rights we shouldn’t infringe without good cause.

But we must keep guns away from the wrong hands – felons, abusers, the dangerously mentally ill. Enforcing current laws on background checks is a commonsense safeguard. So is requiring reporting of lost or stolen guns.

Assault weapons and high-capacity magazines, however, have little place in civil society. They outmatch what’s needed for self-defense and endanger first responders and bystanders. Some weapons are more suited to war zones than neighborhoods.

In the end, public safety is the goal behind firearms laws when properly applied. Punishing law-abiding gun owners doesn’t achieve this. Nor does over-criminalization. But keeping deadly weapons from those who would misuse them is a worthy aim.

As lawyers, we must uphold the law and defend our clients vigorously. But we should also lend an empathetic ear and understand the human circumstances underlying each case. With compassion and proportion, justice can be served while avoiding lives needlessly ruined.

The issues around weapons charges evoke strong passions on all sides. But the principles of justice call us to carefully weigh all factors of each case – the law, the facts, and the humanity of all involved. This represents the highest calling of our profession.