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Are you facing charges for illegally possessing a weapon?

| Jun 29, 2018 | Criminal Defense

Many people across the country have strong views when it comes to the right to bear arms. It can be a point of contention in many debates, but on an individual level, you may feel that owning a weapon is your right. However, you may want to remember that certain factors could prevent a person from legally possessing a firearm.

In the event that police believe you illegally possess a weapon, you could face serious criminal charges. As a result, you will find yourself in need of a criminal defense against those charges. Therefore, it may benefit you to understand when firearm possession may fall into the category of a crime.

Restrictions on a government level

Multiple acts and laws regulate the ownership and purchase of various types of firearms. With the National Firearms Act, background checks, special stamps and registration are a requirement for the purchase of weapons and devices like silencers, short-barreled shotguns and machine guns. However, New York state law completely bans residents from owning these types of weapons under any circumstances.

Restrictions on a personal level

Another act that could impact your ability to possess a firearm is the Brady Handgun Violence Prevention Act. This act includes stipulations that disqualify individuals from owning a gun for personal or business reasons. If any of the following apply to you, you could face legal trouble if found in possession of a gun:

  • You received a dishonorable discharge from the U.S. military.
  • You are a fugitive.
  • You renounced your U.S. citizenship.
  • You faced a domestic violence conviction.
  • You have a restraining order against you enacted by an intimate partner.
  • You received a conviction for a crime that led to more than a year in prison.
  • A court considers you mentally incompetent.
  • You have a substance abuse problem.
  • You are living unlawfully in the United States.

Some of these restrictions may seem unfair to you, but nonetheless, they are a part of the law.

Fighting charges

If you face a situation in which authorities have accused you of a gun crime, you may understandably feel frightened by the situation. Luckily, you have legal rights for defending against criminal allegations. Depending on your specific circumstances, you may have a variety of options available to you. To find out reliable information relating to your case, you may wish to consult with an attorney.