Gun laws vary depending on the state where you live. Oftentimes, carrying a weapon when a crime occurs can result in severe penalties.
In Arizona, which has liberal gun laws, weapons charges are filed alongside other cases such as burglary and aggravated assault. The state considers a deadly weapon as anything that can be designed for lethal use, including but not limited to knives, guns, baseball bats, golf clubs and vehicles.
Among the charges that can be filed against you are possession of an illegal weapon, illegally discharging a firearm, endangerment, aggravated assault, assault with a deadly weapon, displaying a firearm, using a firearm in a threatening manner, felon in possession of a firearm, committing a drive-by shooting and armed robbery or burglary.
Certain people are not allowed to possess firearms under state law. The list includes convicted felons, a minor who is an adjudicated delinquent, and someone severely disabled and is considered dangerous to himself or other people. Minors who are not emancipated from their parents or guardian will need the consent of their guardian to use a firearm.
There are also places where guns are prohibited or cannot be carried. These are school premises, military bases, polling areas, correctional facilities and sometimes bars or restaurants that serve alcohol.
People should also realize that certain firearms are considered illegal. Carried firearms should not have silencers on them and should not be able to automatically fire more than one shot with just one trigger. Rifles should follow standard sizes and should not be modified.
Penalties for the violation of gun laws often include prison terms, depending if the crime is considered a felony or a misdemeanor. Misdemeanor charges can result in prison terms as short as 30 days for minors carrying a concealed firearm. Meanwhile, a felony can result in penalties as long as several years in prison for someone proven to have sold a firearm to a member of a criminal gang or syndicate.
If the victim is seriously injured then the sentencing range will increase. Among the additional consequences is the loss of civil rights such as the right to possess firearms. It can only be restored if a court grants your motion to restore civil rights.
However, if you commit a serious offense, your civil rights can only be restored after ten years following your completion of probation or release from prison. Worse, if you are involved in domestic violence, you can face the penalty of a lifetime ban on possession of firearms.
Nevertheless, there are many ways to win a weapons violation case. The first step would be to hire a competent attorney from the Law Offices of Gary L. Rohlwing. Next is to find a strong defense. This may include the fact that the weapon was not illegal or you did not actually have the weapon during the event, the weapon was unloaded or was in a locked case or the firearm was retrieved through an illegal search and seizure procedure.
You can also argue that the weapon was displayed for self-defense or to protect someone from injury or death. The defendant can also claim that the gun was planted or that he is a victim of entrapment. Entrapment happens when a person is tricked into committing a crime.
Other arguments may include the lack of sufficient evidence or even mistaken identity. While gun crimes are heavily punished in the state, cases can be dropped through the help of an experienced trial lawyer.
Such cases should be reviewed and handled by legal professionals. And every chance for acquittal should be afforded to defendants. In some cases, a good lawyer can avoid a trial altogether. A qualified and experienced attorney from the Law offices of Gary L. Rohlwing can help assess possibilities of potential defenses for weapons crimes cases. Call the Law Offices of Gary L. Rohlwing for a free initial case consultation at (623) 937-1692.