The US constitution has given every citizen the basic right to own and bear their own fire arms. However, what most people tend to overlook is that there are quite a few laws that control the use of firearms, depending on which state you are currently in. Regardless, guns are dangerous weapons, and their use is only allowed if you want to defend yourself from deadly force.
1. If you own a gun you acquired illegally, then that is a crime and you can be charged for it. These include any unregistered firearms, illegal alterations to the weapon etc.
2. You cannot own a gun if you are a convicted felon or if you have been involved in any domestic violence cases.
3. Every state’s gun laws vary from one to the next and any violation of these laws is considered a felony. What might be legal in one region might not be permissible in the next.
4. Some states restrict minors from owning firearms as they are not considered mature enough to handle them in their daily life. However, this law is not applicable everywhere, with Texas being a notable example of such a state.
Every gun crime that takes place differs from one another, as each has a separate set of circumstances that leads up to it and each has a different result in the end. Some of the gun crimes that commonly occur around the country are:
• Assault and battery with a deadly weapon
• Trying to steal a car using a gun
• Trying to rob someone using a firearm
• Any crime that in any way involves the use of a firearm
• Even using a fake gun to commit a crime or scare someone is considered a felony in most states
Each of these particular crimes has separate defenses and it is best to talk to a lawyer before preparing your defense. Some of the defenses you can use are:
• Self-Defense – One of the most common defenses used in gun crimes is self-defense. However, this is only applicable if you can prove that the opposing party was about to use deadly force against you
• Under the influence of an intoxicant – You can also use intoxication as a defense
• Duress – Duress has been cited in defense cases in the past
• State Laws – Each state’s own particular set of laws can be used as defense for your particular gun crime
Using a gun to commit a crime is a serious offense no matter which state you are in. Most states will punish the perpetrator by sending them to jail for a very long time, or by applying various penalties on them, along with a loss of privileges and basic rights. This is why it is always a good idea to consult with a professional attorney before taking any further decisions.
If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.