Being charged with any kind of weapons offense isn’t something you can shrug off and hope for the best. Even what seems like a minor charge – like failing to inform an officer that you’re carrying during a traffic stop – can have serious consequences.
In addition to jail time and fines, a firearms conviction can remove your right to legally own or possess a firearm. That means losing a constitutional right, being unable to hunt or protect your home and family, and losing employment opportunities that require carrying a firearm.
Since weapons laws are aggressively prosecuted, the only way to protect your future is to fight your charges.
What it means to “fight your charges”
Whether you committed the offense or not, fighting your charges isn’t about declaring your innocence. It’s a legal strategy that has the potential to get you a lighter sentence and possibly get your charges dropped. If you just roll over, plead guilty, and accept the consequences, you’ll be virtually guaranteed to spend more time incarcerated, pay heftier fines, and have a serious charge on your record.
If you hire a lawyer and fight your charges, you’ll force the state to prove their case. Since weapons cases often involve searches of vehicles, homes, and personal belongings, your lawyer will determine if the police violated your rights during a stop or search. If so, they’ll move to have the evidence thrown out. If that happens, the prosecution’s case will be weak.
If the state can’t provide sufficient evidence or their initial reason for stopping you is deemed invalid, your case could be dropped. Even if your case isn’t dropped, the state will likely offer you a plea deal where you can plead guilty to a lesser charge in exchange for a lighter sentence and the ability to maintain your second amendment rights. However, it’s critical to have a lawyer to navigate a plea deal because the deal might not be favorable.
A firearms conviction can permanently remove your gun rights
Depending on the charge, there’s a chance you might lose your constitutional right to own a firearm for the rest of your life. Many convictions make it federally illegal to possess or purchase a firearm. If you’re convicted of such an offense, you can’t even use a friend’s firearm to go shooting at your local range. If you violate the law, you can catch additional felony charges.
Although some people have successfully restored their right to own a gun, it’s not easy. In some states, it’s impossible. And even though some states allow petitions to restore rights, it can still be federally illegal. However, the Department of Justice is currently working to revive the federal petition to restore gun rights that was banned in 1992. Still, if you can avoid having to go through this process (if it’s approved), that’s ideal.
Even “minor” weapons charges can be serious
If you think your charges are minor and pleading guilty won’t have much of an impact, think again. All gun charges can lead to serious consequences, even seemingly small crimes like transporting a firearm incorrectly.
There are three common weapons crimes that are bigger than they seem:
- Carrying without a permit. Most states require a special permit to carry a concealed firearm, and some states and local jurisdictions ban open carry entirely. If you’re caught carrying a firearm without the proper permit, you could face serious consequences even if you had no criminal intent.
- Failure to inform law enforcement. Some states require gun owners to inform law enforcement when they’re carrying a firearm during a traffic stop. Forgetting to mention it or failing to clearly state that you’re carrying can lead to valid criminal charges.
- Transportation and storage violations. There are laws that govern how you can carry firearms in your vehicle and how they can be transported across state lines. If you store a firearm incorrectly in your car or carry it in the wrong location, the charges can be serious. Even simply leaving a gun in plain view in your car while you stop at a store is a crime in many states.
Honest mistakes get people charged with gun crimes all the time. Don’t assume that your lack of criminal intent means you’ll get off easily by pleading guilty. That’s probably not going to happen.
Protect your rights by fighting your charges
One conviction for a firearms violation can put you in jail, cost you hundreds or thousands in fines, strip you of your right to own a firearm, and limit your opportunities later in life. Fighting your charges with an experienced attorney gives you the best chance at protecting your rights and avoiding harsh consequences that will follow you for the rest of your life.
