Criminal Weapons Possession: Firearms Laws and Regulations

In the United States, citizens have the right to bear arms. The U.S. Constitution guarantees the right to own and possess a gun. However, the law prohibits certain people from the possession of a firearm. There are also limits to how and when someone can use a gun. Some weapons are not legal under any circumstances in the U.S.

There are federal gun laws, but most firearm offenses involve state law. If you have questions about an illegal weapons charge, talk to a criminal defense lawyer who understands the gun laws in your state.

What Is Criminal Weapons Possession?

Unlawfulpossession of a firearm is a gun crime where the defendant is accused of owning or possessing an illegal weapon. The criminal possession of a weapon charge could be based on the type of weapon involved. This type of criminal offense may also be used because a defendant is not legally allowed to own or possess a firearm. Other gun crimes involve the way firearms are used.

Unlawful Weapon

Some types of weapons are illegal to possess under state or federal law. Lawful firearms are generally required to have certain markings, including serial numbers, manufacturer names, and calibers or gauges. If a serial number is filed off, the gun may become an unlawful weapon.

In some states, automatic switchblades are illegal. Other prohibited weapons can include:

• Silencers
• Sawed-off shotguns
• Machine guns
• Assault weapons

Unlawful Users

Some people are not legally able to own or possess a firearm. This generally includes felons and people convicted of other offenses, including a misdemeanor crime of domestic violence. Other people may also be restricted from firearm possession, including for serious mental health conditions, controlled substance abuse, and anyone with a protection order.

Unlawful Use of a Weapon

Even when a weapon is lawfully owned, it can be a crime to use the weapon in an illegal way. For example, some states have laws against concealed weapons without a permit. Carrying around a concealed gun can be a crime, even if you are the legal owner. Other unlawful uses can include the unlawful discharge of a firearm or handling a firearm while intoxicated.

What Are the Different Types of Criminal Weapons?

The most common weapons involved in a possession charge are firearms. Under federal law, a firearm is any weapon that can expel a projectile through an explosive charge. Firearms include:

• Handguns (pistols and revolvers)
• Rifles
• Shotguns
• Starter guns

Air guns or pellet guns are not firearms. Antique firearms may also be exempted.

States may also define deadly weapons and dangerous weapons. Under federal law, a dangerous weapon is a device that is used for or is capable of causing death or serious bodily injury.

What Are the Elements of Criminal Weapons Possession?

Unlawfulpossession of a firearm generally requires showing possession. Possession can be constructive or actual. Constructive possession means the weapon is in an area of your control and you know of its presence.

For example, having a gun in your pocket is actual possession. If you are driving around and a gun is in your vehicle’s glove box, you may have constructive possession of the gun. More than one person can be in possession of a single weapon at the same time. For example, in an unlocked glove box, both a driver and a passenger could have possession.

What Are the Penalties for Weapons Possession?

State unlawful possession crimes can be misdemeanors or felonies. Consequences of a felony gun crime can include prison time, a felony on your criminal record, and fines. For example, under federal law, the unlawfulpossession of a firearm is punishable by up to 10 years in prison.

Who Is Prohibited From Possessing Firearms?

Under federal law, felons are prohibited from owning or possessing a firearm. A felon is someone convicted of a crime punishable by a term of imprisonment of more than one year.

However, some states restore convicted felons’ civil rights after a waiting period or after they finish their criminal sentence. People convicted of certain violent crimes or drug offenses may still be limited from gun ownership, depending on the state.

Unlawful individuals and uses depend on state law. State gun laws generally allow for many lawful purposes for a firearm, including:

• Self-defense of life, home, and property
• Target practice and marksmanship
• Lawful hunting
• In a place of business
• By members of the U.S. armed forces
• By police officers and law enforcement officers

Are There Differences Between Federal and State Firearms Laws?

State and federal gun laws are different. Federal gun laws are usually involved when a firearm is crossing state lines or international borders. If you are traveling with your firearm between states, you should be aware of other state gun laws and requirements.

Gun control laws are continuing to change across the country. It is important to stay aware of gun possession laws to avoid criminal penalties. For more information about your criminal charges, talk to an experienced criminal defense lawyer for legal advice.