Gun and Weapons Offenses
Gun and weapons offenses, comprise serious criminal offenses carrying potential life imprisonment sentences. While the 2nd Amendment to the United States Constitution, does give American’s the right to keep and bear firearms, a plethora of case rulings, and laws creating a complex legal patchwork. The law broadly defines a weapon as any object, not including firearms, utilized to injure another. The most commonly used weapons include: knives, baseball bats, stun guns/Tasers, clubs, tire irons, batons, chairs, tools, and pepper spray/mace.
Guns and weapons offenses vary and include issues such as simply possessing an object, to using firearms during the commission of a violent or drug crime, aggravated assault, straw purchases/sales, transfers to minors, negligent entrustment, and fraudulent gun sales, among many other crimes.
Firearm crimes present one of the few offense categories allowing both a simultaneous state and federal prosecution without violating double jeopardy. This often results in persons suspected of serious crimes defending charges in two different arenas at the same time.
Federal law makes it illegal to sell or transfer a firearm/ammunition to anyone if the owner believes, the person is, under indictment, a fugitive, abuses drugs, mentally ill, an illegal alien, dishonorably discharged, under a protection order, or has previously been convicted of a domestic violence offense. Often called “straw purchases” this happens when a person prohibited from buying or owning firearms uses another person to obtain a gun on their behalf. Illegal firearm sales or transfers can lead to ten years imprisonment, court costs, penalties, and fines. Federal law also bars anyone from knowingly making a false statement related to the sale or transfer of a firearm. Five years imprisonment remains the maximum penalty for making a false statement related to a firearm’s sale or transfer.
Speak with an experienced attorney at Cornerstone Legal about your firearms question. Our attorneys have extensive experience with gun trusts, firearm transfers, permits to carry,
crimes usually result in charges getting paired with other criminal offenses. These other offenses may include drug trafficking, robbery, carjacking, murder, burglary, and aggravated assault. While, gun crimes, usually involve other criminal acts, many laws exist regarding the purchase, sale, repair, and transfer for firearms. The penalties for committing gun crimes remain severe and often carry extra serious enhancements which other offenses omit. The gun crimes map and the respective enhancements varies but almost all states enacted them. If combined with other enhancements, such as school zone, youth,
- Many rules require
- The laws regarding, use and possession of firearms remain more open
- We also provide gun trusts services
An aggravated assault charge involving a gun is among the most serious types of felony crimes in the Arizona criminal code. They are generally charged as “dangerous” offenses and carry mandatory prison time; usually between 5 and 15 years. A person could be convicted of this dangerous felony even without causing a physical injury or engaging in any touching at all. Simply intending to scare a person with a firearm such as a pistol or rifle without legal justification is often charged as an aggravated assault when the victim is indeed scared by the act. It is for this reason that brandishing a firearm must always be carefully considered and should be reserved for rare occasions when the threat of unlawful deadly force is imminent.
Law about gun crime in relation to drug trafficking crime and closeness
Firearms while legal for many people to possess, own, and carry on their bodies and in their homes and businesses involve many complex and conflicting laws. Oftentimes, people with no criminal records, or intent to commit any crimes, find themselves defending charges for issues as simple as forgetting to properly secure a weapon when traveling across state lines, passing through a school zone without realizing one was nearby, to having another negligently or recklessly use a firearm resulting in someone else’s injury or death. This last scenario often occurs when firearms are not properly secured and children find and play with them. Further, gun laws are even more complex because this is an area where every state and the federal government have different and often conflicting mandates and rules. An attorney with state and federal firearms laws is essential for ensuring compliance with all applicable rules. Our firm concentrates in defending:
Felon in Possession of a Gun or Firearm
- State & Local Gun Possession Charges
- Federal Gun Crimes (trafficking, importation, smuggling)
- Gun Possession for when Someone forgets their license
- Possession of a Firearm by a Prohibited Person (minors, felony record, probation, parole)
- Stolen Firearms
- Firearm Possession with the Serial Numbers Removed, Altered, Filed, or Destroyed
- Possession of a Firearm during drug trafficking
- Possession of a Firearm in a School Zone
- Selling Firearms Without a License
- Selling Firearms to a Juvenile
- Armed Drug Trafficking
- Robbery with a Firearm
- Robbery with a Firearm while Drug Trafficking
- Homicide with a firearm while Drug Trafficking
- Attempted Homicide while Drug Trafficking
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