The unlawful possession, movement, or sale of firearms is a criminal gun offense. Many firearms cases include offenders who have a criminal record and are not lawfully licensed to own any firearm.
In such a situation, it is best to find an experienced criminal lawyer. To consult for your defense online, visit www.criminallawyer-chicago.com/ to hire the leading criminal lawyers in Chicago.
Although the Constitution guarantees the freedom to keep and bear arms, all states restrict a person’s ability to carry or own such firearms under certain circumstances.
Some states have their own set of laws that determine which firearms are illegal to own or possess. Possession of a banned firearm is a federal offense, and a person carrying such a weapon can be charged with possession of an illegal gun offense.
What are Unlawful Weapons?
State regulations usually ban a wide range of handguns and other kinds of heavy weapons. Although the rules vary, the types of prohibited firearms are always the same. The law generally forbids the possession of bombs, gas guns, switchblade knives, and other firearms.
What is Possession?
Possessing a weapon can be described as having a gun or other weapons on you, in your house, or having one in your car. You don’t have to keep it in your palm, place it in your purse, or bear it in some other way. A prosecution must demonstrate that you have the authority or accessibility of the banned firearm to prove ownership.
Are There Any Exceptions to Banned Firearm Possession?
There are few exceptions. While all states ban such kinds of guns, these rules often contain provisions to allow citizens to possess them under particular cases. For instance, exhibiting a banned firearm in an exhibition or commercial use of explosive materials in manufacturing or industrial sites is generally permissible.
Individuals Prohibited From Possessing Firearms
Those accused of felonies or domestic abuse misdemeanors, or others who are issued restraining orders, illegal drug offenders, and former service veterans who were dishonorably discharged are all forbidden from owning firearms or other deadly weapons under state and federal legislation.
People who have been marked as posing a risk of gun violence and are entitled to high-risk safety orders are prohibited from owning weapons under red flag legislation in some states. Federal law also prohibits the sale of guns to individuals found guilty of using or possessing controlled substances within the past year.
What Happens If You Get Charged With Possession of an Unlawful Weapon?
It is a misconception that being spotted with an illegal gun in a car, house, or other places isn’t going to hurt anyone. Some states have specific legislation prohibiting this conduct. While some states might identify this violation as a fourth-degree crime, others classify it as a class C or D felony. Convictions can result in sentences ranging from 1 to 15 years in jail or parole.
Additional fines can also be imposed. Many weapons that are purchased illegally are discovered when looking for other objects or contraband. If a defendant has been charged with several offenses, the fines can be increased, resulting in a longer prison term.
When a criminal case or verdict results in a conviction, some jurisdictions impose statutory minimums that include probation or prison sentences for felony convictions involving illegal firearms. The prosecution uses several tactics to challenge the prosecutor’s facts and practices.
This may include whether the search was lawful when the weapon was discovered and whether law enforcement followed all laws and procedures. The defending party may discover that any testimony was collected unlawfully, leading to the case being dismissed. In all cases, having a criminal defense attorney will help you navigate through the process smoothly.
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