The Second Amendment to the U.S. Constitution enshrines the right of citizens to possess weapons and to form local militias that are not under government control. Individuals have the right to purchase and possess firearms — a right that many people fiercely protect.
However, the Second Amendment does not extend blanket protections to all citizens. Some individuals could still find themselves facing charges related to the simple possession of a firearm. When does possession of a firearm become a criminal offense?
Some kinds of firearms can result in criminal charges
Certain types of weaponry, as well as certain accessories that people may add to modify the performance of a firearm, are subject to state and federal bans. It’s very important that anyone purchasing a firearm does their due diligence to ensure that their purchase complies with federal, state and local laws.
Some criminal charges affect the legality of weapons ownership
Even if the firearm itself is legal, there are situations in which a person could face charges just for owning it. Those circumstances include when an individual has a criminal record with certain offenses, including those related to domestic violence. Additionally, people subjected to restraining orders related to domestic abuse may also face similar restrictions.
Some ownership decisions can lead to charges
You may have a legal weapon and the legal right to possess it, but you can still wind up charged with an offense if you carry or transport a weapon improperly. For example, carrying a firearm on your person or in a bag might constitute concealed carry, an action that requires licensing. If you don’t have the necessary license, you might wind up charged with a criminal offense.
If you are facing weapons-related charges, it’s essential to take the matter seriously. An experienced attorney can help.